A
popular comparison is "Paralegals are to lawyers as nurses are
to doctors." This is a good, rough comparison. Paralegals do
assist lawyers similarly to assistance provided by nurses to doctors.
Additionally, paralegals like nurses are trained professionals in
their own right. Paralegals are valuable contributors to the legal
cases, when assisting clients under the supervision of an attorney.
However,
in the legal field today, some paralegals have started stand-alone
paralegal shops. This is the rough equivalent of practical nurses
"hanging out a shingle" reading "Nurses R Us"
and proceeding to perform operations on people. Anyone can see the
problem there. But the problem may be worse in the legal field. Unlike
nurses, there is presently no license requirement for paralegals in
California. In order to qualify for their licenses, there are specific
educational requirements for nurses. However, as there are no licenses
for paralegals, there are no specific educational requirements for
calling a person a "paralegal" and going into business.
Additionally,
if stand-alone paralegals make mistakes, there does not appear to
be a remedy for the injured "client." If attorneys, doctors
or nurses make mistakes, they can be sued for professional malpractice.
There is presently no generally-recognized legal claim for paralegal
malpractice. It does not appear that people, seriously injured by
paralegal mistakes, have any recourse to try and get their money back
or to try and undo the damage and be "made whole." People
injured by lawyers can complain to the Bar Association--not with paralegals
Additionally,
there is the unavoidable and inherent problem that paralegals cannot
give legal advice. If paralegals, or any others not licensed to practice
law by the State, answer legal questions or give legal advice they
are "practicing law without a license," which is a violation
of the State Code. Stand alone paralegals are only supposed to prepare
legal documents, at the direction of the clients. However, how can
the clients direct the paralegals if the clients cannot get any of
their questions answered? Almost every family law controversy gives
rise to many questions. If the stand-alone paralegals answer those
questions, in most cases, they are breaking the law and the clients
are getting legal advice from lawbreakers.
However,
despite the potential problems and dangers of using stand-alone paralegals,
the attraction of using paralegals, instead of attorneys, is that
the public considers paralegals less expensive. To begin with, some
paralegals actually charge more than some attorneys. The public is
urged to "shop around" in any case.
There
is, however, a way to save the money and still have the expertise
and protections of using a law office. Among the "full menu"
of family law services offered by the ADIVORCECHOICE.COM
offices are paralegal services, at paralegal prices, but under the
supervision of an attorney. A paralegal will interact with the client
and collect the information. However, an attorney is available to
answer legal questions legally. Clients may receive the usual "one-half
hour free consultation, like any full-service client. Clients can
then hire the attorney for possible additional questions or services,
at the attorneys usual hourly rate, but as-needed in tenths-of-an-hour
segments. Papers will be prepared listing the clients name as
representing themselves, in "pro per." But the client has
ready access to a lawyer to answer questions.