سؤال قراءة ستيب محلول — فهم التفاصيل (تدريب 5458)

(1) Most paralegals work under the supervision of attorneys either in private law offices, government law offices (such as prosecutors’ offices), or in the legal departments of corporations or other businesses. They cannot appear in court or give legal advice. However, under the supervision of an attorney, they can perform many tasks often done by lawyers, such as interviewing clients, drafting legal documents, and doing legal research. For example, a paralegal who works in a firm that handles automobile accident cases might interview clients and witnesses, draft documents to be filed in court, or summarize medical records. On the other hand, a paralegal who works for a probate attorney might be involved in gathering and organizing financial data or preparing inheritance tax returns. The day-today tasks that paralegals perform are as varied as the types of law that are practiced. (2) However, certain knowledge and skills are commonly required of all paralegals. Paralegals need to have a basic knowledge of the legal system, substantive laws and legal procedures. The chapters in this book cover these areas. Legal assistants should also have some knowledge of the substantive and procedural laws of the state in which they work. This is the focus of most formal paralegal education. In addition, every paralegal should know and understand the ethical obligations that bind legal professionals. Paralegals must also possess certain basic skills. These include the following: Oral and written communication skills Oral and written communication skills (3) Paralegals frequently communicate orally and in writing with the courts, attorneys, other paralegals, and clients. Paralegals commonly interview clients and witnesses, and then summarize in writing the content of such interviews. Additionally, paralegals draft all types of legal documents. Research skills Research skills (4) Some paralegals do extensive legal research and writing for attorneys, whereas others do very little. However, all paralegals must have basic legal research skills. Furthermore, all paralegals should have general research skills. For example, as a paralegal you might be asked to locate the address of a distant court; in a medical malpractice case, you might be asked to research certain medical conditions. Critical thinking/analytical skills Critical thinking/analytical skills (5) Critical thinking skills are essential for anyone working as a legal assistant and are required for most if not all of the legal work done by paralegals. For example, the ability to analyze and synthesize facts is required for legal research and preparing legal documents. It is also needed for reviewing legal documents and reviewing and evaluating evidence. Organizational Skills Organizational Skills (6) Case files in a legal office often contain numerous documents. In major lawsuits the number of documents may be in the thousands. Paralegals may be responsible for indexing and organizing all of them. If a case is in litigation, many time deadlines are also critical. Papers may have to be filed in court or served on other parties to the lawsuit, or court appearances by the attorney might be set. Someone must keep track of everything; often that someone is a paralegal. General office/computer skills General office/computer skills (7) A paralegal in a law office is expected to possess general office skills. Today that means computer literacy. Word processing skills are a must and ability to use the Internet effectively and efficiently is also essential. In addition, knowledge about general filing and billing procedures, proper telephone etiquette, and general business communication skills is essential. Regulation of Paralegals Regulation of Paralegals (8) Unlike attorneys. Paralegals are not generally licensed by any government agency. In fact, in most states anyone can be called a paralegal, although some states do have regulations. Aside from governmental regulation, the paralegal profession itself has adopted forms of self-regulation. Two major professional organizations established professional standards and voluntary certification for paralegals: the National Association of Legal Assistants (NALA) and the National Federation of Paralegal Associations (NFPA). NALA administers a national examination that tests paralegal competency. Paralegals who pass the examinations are referred to as Certified Legal Assistants (CLAS). CLAs are required to take several hours of continuing education regularly to maintain their status. NALA further administers certain specialty examinations to paralegals who have passed the basic CLA examination. NFPA also administers a competency examination known as PACE (Paralegal Advanced Competency Exam). (9) Both NALA and NFPA seek to enhance the paralegal profession by adopting codes of ethical standards for paralegals. Neither organization, however, has authority to punish or discipline anyone who violates these standards. (10) Although the paralegal profession has been largely unregulated, changes are beginning. For example, California enacted legislation limiting the use of the term paralegal to those who work for attorneys and who have paralegal education or experience. Continuing legal education is also required. (12) The traditional definition of a paralegal refers to the fact that paralegals have special training and education. In the early days of the paralegal profession, in the 1960s and 1970s, few formal paralegal programs existed. Instead, many law firms hired intelligent, educated individuals and trained them to be paralegals. As the paralegal profession grew and developed, formal paralegal education became a prerequisite for many if not most paralegal jobs. Formal paralegal programs are offered by numerous educational institutions, both public and private, and vary in length and depth of material covered. To provide some standard, in the 1970s the American Bar Association (ABA) established guidelines for paralegal education and undertook to approve programs that met those guidelines and requested approval. The requirements for approval relate to curriculum, faculty, and support services of the educational institution What two things are paralegals unable to do?