AREERS IN AW FIRMS AND EYOND · 2003-04-21 · sense—just like any individual who is the sole owner of a business. The term “sole practitioner” simply puts the emphasis upon

SUMMARY OF KEY CONCEPTS

Section 1. Working in LawFirmsMost law firms are either:

• sole practitioners—one attorney whopractices law alone and owns his practice;

• partnerships—two or more attorneys whowork together and share ownership of theirlaw practice; or,

• professional corporations—one or moreattorneys who have incorporated theirpractice.

Sole practitioners are “sole proprietors” in a legalsense—just like any individual who is the soleowner of a business. The term “sole practitioner”simply puts the emphasis upon practicing lawalone, without the assistance or cooperation ofother attorneys.

Law partners generally cooperate in practicinglaw, in addition to sharing the financial profits andliabilities of that practice. They often consult witheach other on legal issues, and may substitute foreach other, now and then, in court. As in any busi-ness partnership, law partners may own equalshares of the practice, or some partners may owna larger share than others.

CAREERS IN LAW FIRMSAND BEYOND

2C H A P T E R

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Professional corporations are similar to othercorporations, except state laws often subject themto different legal and tax rules. Shareholders in aprofessional law corporation—in most states allshareholders must be attorneys—benefit from thesame type of liability protection that other kindsof corporations bestow upon their shareholders.Creditors of the corporation may go after the assetsof the corporation, but not the personal assets ofthe owners.

In earlier centuries, all lawyers were sole prac-titioners. They became lawyers the same way peo-ple learned most crafts in those days—they stud-ied under the tutelage of a master of their craft. Ayoung apprentice who aspired to the law would“read the law” and then test his understanding andanalytical abilities in dialogue with his master.

Eventually, courts required one to be “admittedto the bar” before practicing law. The “bar” refersto the low railing that separates the spectator por-tion of a courtroom from the area reserved for thejudge and the lawyers appearing before the court.Admission to the bar meant that the court recog-nized his qualifications to practice law—originallybased upon sponsorship by the master underwhom he had apprenticed, but in modern timesbased upon passing a state bar examination.

In multi-attorney firms, lawyers generally fall into two categories; partners and associates. Unlike

18 CHAPTER 2 � Careers in Law Firms and Beyond

partners, associate attorneys do not own a share inthe law practice—in effect, they are simply employ-ees of the firm who are licensed to practice law. As-sociates typically work under the supervision of asmall firm’s managing partner, but in larger firmseach partner may supervise a number of associate at-torneys.

It is vitally important for paralegals to estab-lish positive working relationships with attorneysand the support staff (legal secretaries, file clerks,word processors, etc.) in a law office. Successfulrelationships require more than good “peopleskills.” In a law office, they also require:

• accuracy and attention to detail;

• punctuality and reliability; and,

• forthrightness and integrity.

For new legal assistants, in particular, it is essentialto recognize the contributions and expertise of le-gal secretaries. Most legal secretaries becomequite expert in the procedural aspects of practic-ing law: court rules, serving legal papers upon oth-ers, obtaining the cooperation of court clerks, etc.The dividing line between the responsibilities of le-gal secretaries and paralegals is not always clear-cut. In theory, paralegals do not address envelopesand legal secretaries do not do legal research. Inpractice, however, sometimes both do both.

The size of a law firm can influence the divisionof responsibilities between legal assistants and at-torneys, and between legal assistants and legalsecretaries. For a paralegal, the significance of firmsize lies in such things as:

• opportunities for challenging and variedassignments;

• opportunities to become a specialist or ageneralist;

• opportunities for advancement; and,

• support staff services available to the legalassistant.

In general, the smaller the firm the greater the op-portunities for varied assignments. On the otherhand, there may be less opportunity to specializein a particular field of law—unless the entire officespecializes in that field. Larger firms more often of-fer opportunities for advancement and more ex-tensive support services. In firms with numerousassociate attorneys, the legal assistant is less likelyto do substantial legal research and legal writing(e.g., motions to be submitted to court).

The suitability of a larger—or smaller—law of-fice is a matter of personal preference and per-sonal ambition. Some legal assistants want to be-

come “virtual attorneys”—attorneys in everysense except for the responsibilities and the privi-leges that are granted to licensed attorneys: theright to give legal advice, to appear in court, to es-tablish an attorney-client relationship, etc. Theseindividuals want to take on the most sophisticatedassignments in legal research, analysis, and writ-ing, subject only to a final review by the supervis-ing attorney. Other legal assistants prefer to han-dle less complex assignments and to work withmore constant attorney direction and supervision.

The latter role is far more common in law of-fices of all sizes. However, the opportunities for awould-be “virtual attorney” are probably greater insmall- and mid-sized firms. Regardless of firm size,however, the legal assistant’s role is determinedprimarily by the needs and preferences of the su-pervising attorney. As time passes, increasing num-bers of legal assistants are finding that they aregiven greater latitude to assume complex assign-ments and responsibilities. Through this process,the paralegal’s role continues to be defined.

Some legal assistants encounter “glass ceil-ings,” which appear to limit their professionalgrowth and their opportunity to take on more so-phisticated assignments. Avoiding glass ceilingsinvolves a number of factors:

• the paralegal’s qualifications;

• the quality of the paralegal’s work;

• professionalism in all aspects of theparalegal’s work and behavior; and,

• the attorney and the paralegal sharing acommon view of the paralegal’s role.

The more experienced the paralegal, the greaterthe opportunity to find an employing attorney whowill help the paralegal to reach her full potential.

The opportunity to assume more challengingassignments is probably greater for the legal assis-tant who specializes in one or two areas of law. Yet,many legal assistants appreciate the opportunityto be a “generalist” in their paralegal practice. Ageneral practice of law usually includes:

• civil litigation;

• business law; and,

• real estate law.

In smaller communities, a general practice mightalso include family law, criminal law, probate, andbankruptcy. Obviously, a generalist is likely tohave more variety in her work. In a sole practi-tioner’s office, the generalist might find that she isthe receptionist, secretary, and file clerk, as well.

The most common paralegal specialty, by far, iscivil litigation. Closely related specialties are insur-

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ance defense and personal injury practices. Crimi-nal law is a distinct field of (non-civil) litigation, inwhich the government is always the plaintiff. Familylaw, environmental law, real estate, and bankruptcypractices often involve substantial litigation. Ofcourse, there are many other legal specialties thatinvolve less litigation—intellectual property law,probate, and immigration law are examples.

Within law firms, paralegals can find other op-portunities. Some become paralegal managers orparalegal teachers. Moving beyond the standard“paralegal” definition, some become law librari-ans, computer systems managers, law office mar-keting directors, or legal administrators.

Outside of law firms, many legal assistantswork in the legal departments of corporations andgovernment agencies. Some corporate and gov-ernment paralegals work in human resource of-fices, research and development offices, and envi-ronmental compliance offices. Large numbers oflegal assistants are found in banks, real estate andconstruction companies, and insurance compa-nies. In government, some work on the staff ofstate and federal legislators.

Increasing numbers of experienced legal assis-tants are becoming independent contractors, sell-ing their services to law firms that need additionalparalegal support but do not want to take on addi-tional paralegals as employees. These freelanceparalegals typically work for a number of differentattorneys on a contract-for-work basis. In some re-gions, freelance paralegals are known as “inde-pendent” paralegals.

The increasing acceptance of telecommutinghas opened the door of opportunity for a growingnumber of freelance paralegals. The paralegal en-joys the flexibility of accepting or declining addi-tional work, and many with small children are able toschedule their workloads so that less childcare isneeded. Often working out of their own homes, free-lance legal assistants can operate with minimal over-head. Of course, the home office for a freelancer in-volves a substantial investment in equipment andlegal reference materials. There is no guarantee ofsteady work, and there are no employer-paid healthbenefits. Even so, many legal assistants find that theindependence and earnings potential makes free-lance work an attractive opportunity.

Some experienced paralegals choose to go into“non-paralegal” careers. In other words, they nolonger work under the direct supervision of an at-torney, but they apply their legal knowledge andskills in non-traditional ways. These “non-paralegals”are former legal assistants who find new challengesand satisfaction in careers where legal issues

abound and their expertise in law finds ready appli-cation. Some examples include:

• contract negotiator and administrator;

• mediator or arbitrator;

• labor relations representative; and,

• human resources administrator.

The possibilities increase, when the former legalassistant can combine other expertise with his le-gal background. Two obvious examples are:

• real estate broker; and,

• legal nurse consultant.

These examples also require a license either in realestate or as a registered nurse. But most “non-paralegal” careers listed in Chapter 2 do not re-quire a license in another field.

A growing controversy surrounds the appear-ance of self-styled “paralegals” and so-called “self-help” legal services. These individuals and enter-prises are not licensed to practice law in any state,and generally operate without any attorney super-vision. Most states permit anyone to call himself aparalegal, regardless of any education, training, orexpertise he might have—or might lack. The ap-pearance of these unsupervised legal services re-sults, in large part, from the high cost of legal ser-vices provided by attorneys. There is a movementin some states to establish a licensure system forunsupervised “legal technicians,” who would haveto meet certain qualifications. Those licensed aslegal technicians would be permitted to providestrictly limited legal services directly to the public.

Section 2. Finding the Right JobThe majority of all paralegal positions are neveradvertised. Instead, they are filled by placementagencies or applicants who hear of them throughtheir network of acquaintances in the legal field. Inaddition to the many new paralegal positions be-ing created each year, the Bureau of Labor Statis-tics estimates that about 15% of all existing para-legal positions become vacant each year. Onereason for this high rate of turnover is the intensecompetition among employers for experienced le-gal assistants.

New legal assistants can tap the hidden jobmarket by participating in their local paralegal as-sociations and developing a broad network offriends in the field. For advertised positions, the le-gal press generally carries more job announce-ments than do the general circulation papers.

Placement agencies are another good source ofleads for entry-level legal assistants.

The Internet offers a rapidly growing numberof job announcements for paralegals. In addition tothe Web sites of paralegal organizations, on-linecommercial sites serve as clearing houses for jobannouncements and applicants’ resumes. On-linedirectories of attorneys are also helpful in identify-ing prospective employers.

When applying for a position, the applicant is“selling” himself as a prospective employee. An im-portant first step is a careful evaluation of one’sstrengths and weaknesses. Weaknesses often can beremedied, and hidden strengths need to be identi-fied. Preparation for the inevitable job search shouldbe underway from the very beginning of one’s para-legal education.

Many advertised paralegal positions require theapplicant to have prior legal experience. This can bediscouraging to those who are entering the legalfield for the first time. However, many new parale-gals have valuable knowledge and skills in otherfields which often can overcome the employer’s re-luctance to hire an entry-level paralegal. In addition,the experience “requirement” may reflect the em-ployer’s hope that she can find an experienced legalassistant—it isn’t always a genuine requirement.

Experienced or not, every paralegal applicantshould emphasize any unique skills or experiencewhich might be valuable to an employer. Often,paralegal students overlook the value of theirbackground to a prospective employer. That is onereason the early self-assessment is so important.

Common ways to overcome the “experiencebarrier” include service as an unpaid intern—manyparalegal programs offer intern opportunities—orservice as a volunteer in a local Legal Aid Society.Some paralegal students work as a word processoror file clerk in a law office while they are enrolled ina paralegal program. This is helpful because one be-comes familiar with legal terminology and law officeprocedures. Each of these approaches also offersthe possibility of obtaining an attorney’s recom-mendation for employment as a paralegal.

REVIEW QUESTIONSFill in the blank space(s) to complete the followingstatements. The correct answers appear at the endof this chapter.

1. In earlier centuries, men trained to becomelawyers by “ __________ the law.”

2. In those times, prospective lawyers studiedas an __________ under the tutelage of amaster lawyer.

3. In order to establish professional standardsand promote ethical practice, lawyersorganized themselves into __________associations.

4. When a legal assistant has made an importanterror, the textbook cautions against “keeping__________ secrets.”

5. A “general” law practice usually includes__________ , __________ law, and __________ law.

6. Some personal _____ firms have more legalassistants than attorneys, and the legalassistants do the great majority of the legalwork on the uncomplicated cases.

7. Some firms have paralegals __________ whoprepare job descriptions, screen resumes andinterview paralegal applicants, in addition tocoordinating the work assignments for legalassistants in the firm.

8. Prior to the U.S. Supreme Court decision inBates v. State of Arizona, 433 U.S. 350 (1977),most states prohibited __________ byattorneys. The Supreme Court held that suchlaws violate the __________ rights ofattorneys.

9. A legal __________ is a non-attorney whomanages the business side of a legal practice,and often supervises the non-attorneyemployees of the firm.

10. Paralegals who work in corporations andgovernment offices do not have to keep trackof __________ hours, since their employer isthe only “client” of the law office.

11. A(n) __________ is one example of agovernment official whose primary function isthe practice of law.

12. A freelance paralegal works as an __________contractor on assignments for a number ofdifferent attorneys.

13. The Bureau of Labor Statistics estimates that__________% of all existing paralegal positionsbecome vacant each year.

14. In large metropolitan areas, legal __________are the best place to find large numbers ofadvertised paralegal positions.

15. The nation’s largest print directory ofattorneys and law firms is the __________-__________ Law Directory.

16. In that directory, the peer ratings forattorneys and law firms are found in the“__________ pages.” The highest possiblecombined rating for legal expertise,


professional and ethical standards is denotedby the letters “__________.”

17. A paralegal student without legal experiencecan partially remedy that disadvantage byenrolling in an __________ program or doingvolunteer work for the __________ __________Society.

KEY TERMSFor each Key Term below, write your own “best ef-fort” definition, based upon your understandingat this point. After you have written your defini-tions, compare them to the definitions given inthe textbook’s Glossary. Finally, revise your defi-nition (as needed) to eliminate any inaccuraciesor ambiguities.

associate attorney

Your “best effort” definition:

Your revised definition:

freelance paralegal



independent contractor



legal nurse consultant



managing partner



partner



partnership



product liability



professional corporation



sole practitioner



WORKING ON-LINEReview the “job banks” on the following Web sites:

http://www.alanet.org

http://www.lamanet.org

http://www.paralegals.org

http://www.lawjobs.com

http://www.careerpath.com

http://www.monster.com

Prepare a brief report comparing these sites forthe following criteria:

• number of legal assistant positions listed;

• “freshness” of the listings (or, if no datesshown);

• regional coverage for the entire nation;

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• detail offered about the positions (e.g.,qualifications, duties, compensation, etc.); and

• detail offered about the employers.

ETHICAL CHALLENGEMitchell Waters is a senior paralegal in a small firmof twelve attorneys. As part of his duties, hescreens all incoming paralegal resumes and refersthe promising ones to the managing partner for re-view. He also participates in the initial interviewsfor paralegal applicants. When new legal assistantsare hired, Mitchell provides an orientation to thefirm and generally serves as a mentor during the le-gal assistant’s first six months.

About one year ago, the firm hired MelindaGroot as an entry-level paralegal to work in civillitigation. Mitchell had been enthusiastic abouthiring Melinda based upon her very impressive in-terviews and resume. Since she had just receivedher paralegal certificate, he devoted more timethan usual to mentoring her while she learned hernew duties. Melinda appears to be a quick learner,the attorneys are very pleased with her progress,and Mitchell is feeling proud of his part in her suc-cess story.

Last weekend, Mitchell attended his fifteen-year high school reunion. He was delighted to seean old buddy, Sean, with whom he had lost contactover the years. To Mitchell’s great surprise—andSean’s—both of them are now working as legal as-sistants in law firms in Colorado. They spent mostof Saturday afternoon talking about their jobs,finding one coincidence after another in the simi-larity of their work and their mutual acquain-tances in the legal field. Mitchell was telling Seanabout the great paralegal his firm had hired, whenSean interrupted: “Melinda Groot? You’ve gotta bekidding. Is she about five-ten, slender with longred hair?”

In less than ten minutes, Mitchell learned thatabout five years ago Melinda had been terminatedfrom a part-time position in a corporate office forembezzling small sums from petty cash—no morethan two hundred dollars in all. Sean had worked inthe same company’s legal department and partici-pated in the investigation. Mitchell was stunnedwhen Sean reported that Melinda had confessed totaking the money, although she intended to pay itback. She was taking the money to meet essentialneeds—like buying textbooks—during her fresh-man year in college. She was fired, but because ofher remorse no criminal charges were filed. Thetwo compared details they knew about Melinda’s

background—schools attended, hobbies, sister’sname, etc.—until they were certain that it was thesame Melinda.

Mitchell is mortified at this discovery, and istorn between anger at the concealment and com-passion for Melinda. He doesn’t know whetherMelinda was ever asked by the law firm about leav-ing that part-time job, or if she had ever been fired.Mitchell can’t get the situation off his mind the en-tire weekend. He wonders, should he say anythingabout this on Monday? And if so, to whom? Is twohundred dollars that significant? Doesn’t everyonedeserve a second chance?

ETHICAL ANALYSISIt is understandable that Mitchell is torn betweenhis friendship for Melinda and his loyalty to his em-ployer. And it’s always difficult to judge someoneharshly for a mistake made out of desperation at ayouthful age.

First, let’s identify the issues:

• Was the embezzlement a serious offense?

• Were there extenuating circumstances?

• Does the embezzlement disqualify Melindafor paralegal work?

• Did Melinda have a duty to reveal her offenseprior to accepting her job at Mitchell’s lawfirm?

• Is her failure to make the disclosure aseparate and sufficient ground for dismissingher now?

• Does Mitchell have a duty to inform the firm’smanaging partner about his discovery?

The first two questions present a threshold issue.If the offense was not serious, or if it were excusa-ble for extenuating reasons, the other questionsmight become moot.

Of course, the offense was a criminal act—amisdemeanor in most jurisdictions. Also, an other-wise minor offense might be considered disquali-fying for some professions. We do expect schoolteachers, judges, and medical doctors to follow ahigher moral standard because of the harm theycan do to the innocent.

In spite of some public perceptions, most legalprofessionals adhere to an uncommonly high ethi-cal standard. The bar associations and state legisla-tures demand no less. Honesty—in regards to bothtruth and property—is a paramount duty for theethical attorney and paralegal. Assuming Melindawill not have the opportunity to embezzle fromclients or the law firm, our main concern is her pro-


fessional integrity regarding client confidences andall other aspects of her work.

An act of embezzlement inevitably placesMelinda’s honesty in doubt. If she concealed thisoffense from her present employer, would she beless than truthful in other circumstances? Wouldshe conceal errors in her work that might jeopard-ize a client’s interests? Would she commit overtacts of dishonesty to protect herself from the con-sequences of her errors? These are very difficultquestions to answer because they call upon us topredict Melinda’s behavior under hypothetical cir-cumstances. If Melinda’s honesty is now in ques-tion, does the law firm have a duty to shield itsclients from possible future acts of dishonesty—inother words, should Melinda be terminated as aprecaution?

The final question in that paragraph raises an-other: Would the firm have hired Melinda if she hadtold them about the embezzlement? Perhaps theywould have—in consideration of her youth at thetime of the offense, her motives and remorse, andher candor prior to accepting employment. Heryouth, motives, and remorse are still relevant. Butshe was not, in fact, forthcoming when hired.

Having completed a paralegal certificate pro-gram, Melinda can be presumed to understand theimportance of ethical standards in law. She shouldbe able to understand that her concealment of theembezzlement would appear to betray herprospective employer. It is possible that she ra-tionalized the situation and dismissed the offenseas being irrelevant to her employment in the lawfirm. However, that doesn’t protect the law firmfrom potential embarrassment if her offense be-comes known to a client. Melinda should have in-formed her employer. This is essentially the sameissue as that posed in the Ethical Challenge in theStudy Guide section for Chapter 1. It is certainly ar-guable that her lack of candor alone is sufficientgrounds for her dismissal.

Let us now turn to Mitchell’s ethical obligation.The clients are not Mitchell’s clients—they are thelaw firm’s clients. Mitchell does not have the moralright to substitute his judgment for that of thefirm’s partners. Once Mitchell recognizes thatMelinda’s embezzlement might raise serious ethi-cal issues for the firm, he has a duty to inform themanaging partner. To remain silent would putMitchell in the identical moral situation whichMelinda is in, and make him an accomplice-after-the-fact to her own concealment. Mitchell couldconfront Melinda and offer her the opportunity tomake that revelation, but the firm must know thatshe is not doing so on her own initiative.

READING CASE LAWChapter 2 includes excerpts from the BankruptcyCourt’s opinion for In re Farness, 244 B.R. 464(Idaho, 2000). The full text of the opinion follows.The first paragraph is not actually part of theCourt’s opinion—it is a summary of the case pre-pared by West, the publisher. Following that sum-mary (sometimes termed the “syllabus”), there areeleven enumerated headnotes (note the numberswithin brackets). These, also, are not part of theCourt’s opinion—they are provided by the pub-lisher to quickly identify the legal issues addressedin the Court’s opinion. The actual opinion of theCourt begins on the second page immediately fol-lowing these words:

MEMORANDUM OF DECISION AND ORDER

TERRY L. MYERS, Bankruptcy Judge.

Everything before those words has been writtenby West Publishing Co.

Read the Court’s opinion, and then prepare abrief report which identifies the conduct by Weeswhich violated the Bankruptcy Code. Then explainhow Wees could continue his occupation and stillcomply with the Bankruptcy Code.

ANSWERS TO REVIEWQUESTIONSFill in the blank space(s) to complete the followingstatements. The correct answers appear at the endof the Study Guide section for Chapter 2.

1. In earlier centuries, men trained to becomelawyers by “reading the law.”

2. In those times, prospective lawyers studiedas an apprentice under the tutelage of amaster lawyer.

3. In order to establish professional standardsand promote ethical practice, lawyersorganized themselves into bar associations.

4. When a legal assistant has made an importanterror, the textbook cautions against “keepingguilty secrets.”

5. A “general” law practice usually includes civillitigation, business law, and real estate law.

6. Some personal injury firms have more legalassistants than attorneys, and the legalassistants do the great majority of the legalwork on the uncomplicated cases.

7. Some firms have paralegal managers whoprepare job descriptions, screen resumes andinterview paralegal applicants, in addition to

STUDY GUIDE � 23

coordinating the work assignments for legalassistants in the firm.

8. Prior to the U.S. Supreme Court decision inBates v. State of Arizona, 433 U.S. 350 (1977),most states prohibited advertising byattorneys. The Supreme Court held that suchlaws violate the First Amendment rights ofattorneys.

9. A legal administrator is a non-attorney whomanages the business side of a legal practice,and often supervises the non-attorneyemployees of the firm.

10. Paralegals who work in corporations andgovernment offices do not have to keep trackof billable hours, since their employer is theonly “client” of the law office.

11. A(n) attorney general/district attorney/countycounsel/city attorney/public defender [all arecorrect] is one example of a governmentofficial whose primary function is the practiceof law.

12. A freelance paralegal works as an independentcontractor on assignments for a number ofdifferent attorneys.

13. The Bureau of Labor Statistics estimates that15% of all existing paralegal positions becomevacant each year.

14. In large metropolitan areas, legal newspapersare the best place to find large numbers ofadvertised paralegal positions.

15. The nation’s largest print directory ofattorneys and law firms is the Martindale-Hubbell Law Directory.

16. In that directory, the peer ratings forattorneys and law firms are found in the “bluepages.” The highest possible combined ratingfor legal expertise, professional and ethicalstandards is denoted by the letters “av.”

17. A paralegal student without legal experiencecan partially remedy that disadvantage byenrolling in an internship program or doingvolunteer work for the Legal Aid Society.


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Documents

AREERS IN AW FIRMS AND EYOND · 2003-04-21 · sense—just like any individual who is the sole owner of a business. The term “sole practitioner” simply puts the emphasis upon