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PARALEGAL SERVICES (ATTORNEY SUPERVISED)

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 attorney’s usual hourly rate, but as-needed in tenths-of-an-hour segments. Papers will be prepared listing the client’s name as representing themselves, in "pro per." But the client has ready access to a lawyer to answer questions.

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