Paralegal - Difference Between Paralegals and Lawyers in The United States

Difference Between Paralegals and Lawyers in The United States

The greatest differences between lawyers and paralegals are that lawyers give legal advice, can set fees, appear as counsel of record in court, and sign pleadings (and other court documents) in a representative capacity. If a paralegal attempts to do any of these acts, they will be in violation of the unauthorized practice of law statutes that exist in most U.S. states. Paralegals are responsible for handling tasks such as legal writing, research and other forms of documentation for the lawyers under whom they work.

Other traditional differences between a paralegal and a lawyer (i.e. attorney) is that:

  1. paralegal expertise/training tends to be niche, whereas a lawyer has a much broader, longer, more formal and holistic training, and
  2. that the lawyer's primary job is to consider, analyze and strategize, whereas a paralegal's primary responsibility is to carry out the tasks arising from that consideration, analysis and strategy.

Paralegals are found in all areas where United States lawyers work—in criminal trials, in real estate, in government, in estate planning.

In some areas legal document assistants actually advertise themselves as paralegals. However, many states, including Florida, have enacted laws or bar rules which require any person referring to themself as a paralegal to be working under the supervision of a licensed attorney. This would disqualify those individuals working as "independent paralegals" from using the title "paralegal".

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