Black's Law Dictionary defines a paralegal as "A person with legal skills, but who is not an attorney, and works
under the supervision of a lawyer in performing various tasks relating to the practice of law or who is otherwise authorized by law to use those legal skills". Ohio has led in the education of
paralegals. Capital University Law School has included a program for paralegal education since 1972 and is one of the earliest paralegal programs in the United States, as well as in Ohio. Other
training for paralegals in Ohio
has included working in law offices, firms or governmental agencies to learn the law. The background of a paralegal may be little formal education, college degrees and other advanced degrees in addition to formal paralegal education or practical experience.
Paralegals began in Great Britain and were termed Attorney Assistants. Currently, paralegals work much the same in Britain as they do in this country, assisting solicitors or, in
this country, attorneys. A major difference between Britain and the United States is that paralegals are able to advise clients since there is no "unauthorized practice of law" according to
Wikipedia. This is an extremely important distinction in this country as any well educated paralegal knows. It is critical that the line between practicing law and assisting in the practice of
law remain clear. As the paralegal profession has grown, paralegals have expanded from working for an individual attorney or firm to setting up their own businesses, as well. It is still
necessary to work for a lawyer or under a lawyer's direction in this country and the Franklin County Probate Court has a local rule which requires independent paralegals and paralegals who work
for an individual attorney to register. Paralegals who work exclusively for a firm or attorney need only register once, while independent paralegals must register for each case. An attorney who
will supervise and be responsible for the services of the paralegal must register with the paralegal in either case. The local rules as well as forms and other information is available on the
court website,
www.franklincountyohio.gov/probate.There is a trend in
Great Britain whereby solicitors after completing their schooling try to find positions as attorney assistants or paralegals to gain experience. Many firms hire solely from their paralegals
according to Wikipedia. There has been some movement in this direction in Ohio, as well. This author, while still in private practice, had |
applications from newly admitted attorneys to work as paralegals to gain experience as well as make money when positions as
attorneys could not be found due to lack of experience.Probate law is one area that benefits from the services of paralegals and has since the concept of paralegals took root and blossomed.
Paralegals have continued to work in the probate area in greater numbers and reliance on paralegals has grown. It is a very detail oriented area of law which translates into larger expenditures
of time. Since a lawyer's time is the only commodity she or he has to sell, to paraphrase Abraham Lincoln, the lawyer needs to work efficiently and cost effectively; paralegals can help in this
regard. Probate law is form intensive, which also lends it to the use of paralegals. It is not mindless work, however. There is much thought and care necessary to handling a probate matter
correctly. Both decedent's estate administration, trust administration and guardianship estate work require work with numbers. There are tax ramifications which require specialized knowledge
and continuing education. There are many opportunities for a paralegal who is willing to work hard, face new challenges and continue to learn. There are numerous filings necessary in the probate
area and paralegals are utilized more and more to assist attorneys in this task. Some believe that probate work is monotonous, but this writer finds the variety of knowledge needed in a probate
practice and the variety of facts keep the area from being boring. Many other areas of law are involved in probate law: real estate law, business law, tax law, contract law and creditor/debtor
law are examples. There can be litigation involved as well as drafting of documents. Paralegals can assist in the probate area through client contact. There tends to be substantial amounts of
client contact involved due to the sensitive nature of probate law. Paralegals continue to hold an important place in the practice of probate law. |
