The Duties of a Family Law Paralegal Explained
In addition to having knowledge of laws, legal issues, rules, relevant procedures, and codes of conduct, a paralegal must be able to draft motions and pleadings, comply with court rules and procedures, conduct research, and investigate fact patterns. A family law paralegal understands what applicants for dissolution of marriage or annulment must do in order to achieve these legal ends. The paralegal will also prepare affidavits, pleadings, deposition notices and subpoenas, and file them with the appropriate court. He or she assists in preparing exhibits, trial notebooks , and documentary evidence. He or she will be available to assist during mediation, and will help to prepare any necessary documents. The paralegal understands that he or she cannot provide legal advice, however, he or she can attend to other details of the case, such as interview and contact clients and witness; take interviews of witnesses; prepare witnesses for trial and deposition; and draft correspondence and pleadings on behalf of the attorney and client. In addition, the paralegal keeps and organizes records of time spent on cases for billing purposes and maintains confidentiality in all matters.
The Advantages of Using a Local Paralegal
When it comes to family law in particular, finding the right paralegal means more than just getting someone who is knowledgeable about the law in general. A local paralegal will know about the specific laws and legal practices where you live. One obvious example is that a paralegal will know the particular forms you need to fill out. Your paralegal’s familiarity with the local court system is a positive factor as well.
But there is much more to the benefits of hiring a local paralegal than these basics. For example, there are certain family-related resources that may be available locally but not elsewhere in the country. Since your paralegal is a local expert, they will be more likely to know about any family-related resources that are not available elsewhere. For example, you may particularly benefit from a paralegal who knows about community organizations that can help families in need.
Your paralegal will be familiar with local court styles as well as local judges and personnel. Some aspects of family law can be fairly bureaucratic and knowing who to talk to in this kind of bureaucracy can be helpful. Some legal processes tend to follow a very formalized structure. The fact that your paralegal knows the people involved in these processes, as well as the ways that people who work in the courts like to do business, can help your case speed along. These are all factors that can really make the difference in how quickly business gets done. With a local paralegal that is familiar with some of these local differences, you will benefit from a paralegal who is very steeped in their area of the law.
Services Likely to be Provided by Family Law Paralegals
The various services offered by family law paralegals include the preparation of legal documents such as pleadings and statutory declarations, preparation of Wills, Powers of Attorney, affidavits and generally speaking, any form of legal correspondence and information gathering. They will meet with the clients to gather information necessary for any form of legal correspondence or representation. The paralegal will prepare these documents, file them through e-filing or the court process, provide the documents to the client and their lawyer and/or fax/e-mail them to opposing counsel. The paralegal will assist clients in gathering the background information required by the court for divorces, custody disputes, protection orders and appeal documents. Often, they will represent clients during the initial filing process and may represent their clients during the litigation in the lower courts; such as Protection Orders, Family Dispute Resolution Court, (pro forma) appearances and Case Management Conferences. These people gather, organize and review documents and evidence related to a case; draft and proofread correspondence, motions, agreements, and other documents; organize and manage files for easy access to essential records, often on a computer database; obtain affidavits from clients and witnesses for evidentiary packages; and liaise with the court and arrange for hearings and meetings between all parties in a dispute.
How to Locate a Reputable Local Family Law Paralegal
Finding a reputable family law paralegal is essential for the efficient processing of your case. Consider the following steps:
1. Speak with Lawyers
Ask other lawyers you know for personal recommendations for a family law paralegal. They will be able to recommend reputable and skilled paralegals, and may even have a contact on staff that they feel confident is a good fit.
2. State and Local Paralegal Associations
All states have statewide or local associations of paralegals that have directories of legal professionals or specific family law paralegals as a resource. If you are looking for an independent paralegal, ask them if they are a member of their state or local paralegal association in order to confirm they abide by certain ethical standards to maintain their membership .
3. Online Reviews
The Better Business Bureau website is a good place to do research about the service you require and for reviews about potential candidates.
4. National Association of Legal Assistants (NALA)
The NALA organization promotes a variety of certification programs for paralegals to earn and improve their skills. Paralegals who are members of NALA will have more experience than an undergraduate degree alone.
5. Online Directories
You may also want to search online for family law paralegals by using their name and the city you live in. Companies such as Justia.com keep track of the reviews people have for these service professionals in your area.
How Much Does a Family Law Paralegal Cost
A fair consideration in hiring a paralegal is whether there is any cost savings when hiring a paralegal over a lawyer. Here, the paralegal’s hourly billing rate is essentially a down-scaled version of the lawyer’s. So, if more experienced paralegals are charging $175 an hour and less experienced ones are charging $75 an hour, the same principles apply for the lawyer. If you are paying $325 an hour for a lawyer, or you are paying $300 an hour for a lawyer and $100 an hour for a "cheaper" paralegal, it could be (at least in theory) a wash. Many charge the same or higher rate for a paralegal, since paralegals are earning more today, and hourly rates for all have become more or less in line over the last few years. With rare exceptions, you can expect to pay a paralegal between $50 and $300 an hour, and they may charge for smaller increments (20 minutes or 30 minutes). Based on geography, similar fee considerations may be expected for lawyers. The key to navigate this area is to compare apples with apples. Some lawyers such as myself, bill at a flat rate, which is not an hourly number. As we look to the future of this profession, this hourly system my change, as many of the things that family law paralegals do now are being automated. So lawyers and paralegals alike are going to have to look at their business models now and in the future and see how best they can achieve efficiencies, saving the client money.
Basic Questions to ask When Consulting with a Family Law Paralegal
When you’re sitting down for your first consultation with a family law paralegal, consider asking each of the following questions:
How long have you been a paralegal and how much of that time have you focused specifically on family law?
What areas of family law are you comfortable dealing with and what areas do you tend to avoid?
Are you currently working on any family law issues in my state?
What types of training have you received to assist you with working on family law issues?
Have you worked as a paralegal for a family law attorney in the past? If so, when and for how long?
How many clients have you assisted with family law matters?
Have you worked on cases that involve violence or abuse? What about cases that involve emotional, financial, physical, or sexual abuse?
Have you ever had to take over a case from another paralegal? Were you able to solve any outstanding issues?
Do you bring your paralegal skills over into the field of family law?