The American Bar Association (ABA) defines paralegals or legal assistants as persons "qualified by education, training or work experience who are employed or retained by a lawyer, law office, corporation, governmental agency or other entity to perform specifically designated substantive legal work for which a lawyer is responsible."
Paralegal professional associations, such as the National Association of Legal Assistants (NALA) and the National Federation of Paralegal Associations (NFPA), which will be discussed later in this article, take exception to parts of the above definition and have developed their own.
Generally speaking, someone becomes a paralegal by experience or training. Because no law yet defines what a paralegal is or sets forth any licensing requirements, individuals can theoretically become paralegals simply by declaring themselves so. In reality, however, employers seek out paralegals that are appropriately educated and trained.
Although several definitions of paralegal exist, all describe paralegals as those who perform the same tasks carried out by attorneys, but who do so under the supervision of an attorney. Paralegals are not authorized to practice law in that they cannot give legal opinions or prepare legal documents.
To see NALA's definition, go to www.naknet.organd click on "What Is a Paralegal?" Look under the opening section "Background and Definition," and click on the link entitled "Summary of Definitions of Terms 'Paralegal' and 'Legal Assistant'." This article will introduce you to not only NALA's definition of paralegal but to the definitions developed in various states and by a number of courts. For another review of how some legislatures and bar associations have defined paralegals, go to NFPAs web page, go to the "1998 Year-End Edition," and click on the article "Who Are You?" You will find NPPA's, NALA's, and ABA's definitions of paralegal and legal assistants in the section "One Side Makes You Taller."
Legal Technicians
Lay Advocates
A layperson who represents individuals at administrative hearings in administrative agencies that permit lay representation.
Paralegal or Legal Assistants
A paraprofessional who is qualified by education, training, or experience to do work of a legal nature under the supervision of an attorney. The terms paralegal and legal assistant are synonymous; we have chosen to use the word paralegal throughout this text for the sake of consistency.
American Bar Association (ABA)
Persons qualified by education, training or work experience who are employed or retained by a lawyer, law office, corporation, governmental agency or other entity who perform specifically designated substantive legal work for which a lawyer is responsible.
National Association of Legal Assistants (NALA)
A distinguishable group of persons who assist attorneys in the delivery of legal services. Through formal education, training, and experience, they have knowledge and expertise regarding the legal system and substantive and procedural law which qualify them to do work of a legal nature under the supervision of an attorney.
National Federation of Paralegal Associations (NFPA)
Persons qualified through education, training or work experience to perform substantive legal work that requires knowledge of legal concepts and is customarily, but not exclusively, performed by a lawyer. These people may be retained or employed by a lawyer, law office, governmental agency or other entity or may be authorized by administrative, statutory or court authority to perform this work.
Legal Technicians
Those who provide legal services directly to the public and who do not work under the supervision of an attorney.
Lay Advocates
Those who represent individuals at administrative hearings in administrative agencies that permit lay representation.
Freelance Paralegals
Self-employed paralegals who work as independent contractors for attorneys on special projects.
Independent Paralegals
Some use this term synonymously with freelance paralegals; others use it synonymously with legal technicians.
