Answers to Review Questions - Delmar Cengage Learning

Answers to Review Questions
Chapter 1: Introduction to a New Career in Law 1. Eighty million lawsuits are filed every year.
2. The five major players in the development of paralegalism are: . National Federation of Paralegal Associations . National Association of Legal Assistants
. American Bar Association
. Your state bar association
. Your local paralegal association 3. CLE is continuing legal education or training in the law, usually
short term, received after one's formal training.
4. Meaning of abbreviations: a) NFPA-National Federation of Paralegal Associations b) NALA-National Association of Legal Assistants
c) SCOP-American Bar Association Standing Committee on Paralegals
d) NALS-The Association for Legal Professionals (Note: NALS no longer
says that its name stands for National Association of Legal
Secretaries)
e) AAPI-American Alliance of Paralegals
f) IPMA-International Paralegal Management Association
g) ALA-Association of Legal Administrators
5. Web Sites: a) NFPA: www.paralegals.org b) NALA: www.nala.org
c) IMPA: www.paralegalmanagement.org 1.6. Certification examinations: a) NFPA-The PACE exam. It is an advanced exam; paralegal experience
is required to take it. b) NALA-The CLA exam. It is an entry-level exam. No paralegal
experience is required to take it. (Note: NALA also has an
advanced examination that does require paralegal experience to
take it.)
1.7. Fourteen categories of paralegal associations: 1) nationwide (e.g., NFPA and NALA) 2) statewide (e.g., Illinois Paralegal Association) 3) regionwide encompassing more than one state (e.g., Rocky Mountain
Paralegal Association) 4) regionwide within a state (e.g., South Florida Paralegal Association) 5) countywide (e.g., Santa Clara County Paralegal Association) 6) citywide (e.g., San Francisco Paralegal Association) 7) theme-specific (e.g., Houston Corporate Paralegal Association) 8) division of a bar association (e.g., Paralegal Division of the State
Bar of Texas) 9) association of associations (e.g., Empire State Alliance of Paralegal
Associations) 10) schoolwide (e.g., Fresno City College Paralegal Association) 11) association that is manager-focused (e.g., International Paralegal
Management Association) 12) association whose membership is limited to paralegals (e.g.,
Orange County Paralegal Association) 13) association whose membership consists of paralegals, legal
secretaries, and other nonattorneys (e.g., NALS, or the
Association for Legal Professionals) 14) foreign (e.g., Canadian Paralegal Association) 1.8. There are no national standards regulating the paralegal field. Every
state is free to regulate or to refuse to regulate a particular
occupation. Most states have not imposed the kind of regulation on
paralegals that would lead to greater consistency of titles within a
particular state. For example, most states have not imposed minimum
educational requirements or licensing. Hence (with the exception of
states like California, Florida, and Maine) few restrictions exist on
who can call themselves paralegals, legal assistants, or related
titles. 1.9. The two main categories of paralegals are: . traditional paralegals (employees of attorneys)
. independent contractors
1.10. The two main categories of independent contractors are: . those who sell their services to attorneys
. those who sell their services to the public without attorney
supervision.
(Note: The latter is the larger and more controversial group.)
1.11. The titles paralegal and legal assistant are synonymous. There is a
trend, however, in favor of the paralegal title, particularly when
legal secretaries use the legal assistant title. 1.12. Definitions: (a) Conflicts specialist-A law firm employee, often a paralegal, who
helps the firm determine whether a conflict of interest exists
between prospective clients and current or former clients. Also
called a conflicts analyst or a conflicts technician. (b) Depo summarizer-An employee whose main job is digesting
(summarizing) discovery documents, particularly depositions.
(c) Transactional paralegal-A paralegal who provides paralegal
services for an attorney who represents clients in transactions
such as entering contracts, incorporating a business, closing a
real estate sale, or planning an estate.
(d) Nurse paralegal-A nurse who has become a paralegal, using his or
her medical training to help personal injury attorneys locate and
decipher medical records and perform other litigation tasks.
1.13. Under the following circumstances, you might find an attorney working
as a paralegal: . An unemployed attorney might apply for a paralegal job.
. A disbarred or suspended attorney might be allowed to work as a
paralegal. 1.14. Titles used by independent contractors who sell their services to
attorneys include: . independent paralegal . freelance paralegal
. freelance legal assistant
. contract paralegal
. legal technician 1.15 Titles used by independent contractors who sell their services to the
public without attorney supervision include: . independent paralegal
. paralegal
. contract paralegal
. legal technician 1.16. An independent paralegal is an independent contractor who (a)
sells his or her paralegal services to, and works under the
supervision of, one or more attorneys or (b) sells his or her
paralegal services directly to the public without attorney
supervision. Independent paralegals are also called freelance
paralegals or legal technicians. (Note: In some states, the paralegal
and legal assistant titles are limited to those who work under
attorney supervision.)
1.17. Three sources of controversy over independent contractors who sell
their services to the public without attorney supervision: . A few disgruntled clients of the independent contractors have filed
complaints against them that have resulted in state prosecution for
the unauthorized practice of law (UPL).
. The organized bar has instigated similar UPL charges on the ground
that the public needs protection from this kind of independent
contractor. The bar also complains that the public might be
confused into thinking that anyone called a paralegal works for an
attorney. An unstated reason for opposition from the bar is the
unwelcome competition that independent paralegals give to some
practicing attorneys.
. A significant number of traditional paralegals resent the use of
the paralegal title by independent contractors who have not had
training that is similar to their own. 1.18. Six entities that have written definitions of a paralegal: 1) state legislatures and state courts
2) state bar associations
3) local bar associations
4) American Bar Association
5) national paralegal associations
6) local paralegal associations
(Note: The most important are those written by state legislatures and
state courts.) 1.19. Three common characteristics of paralegal definitions in most states: 1) The paralegal has special qualifications due to education,
training, or on-the-job
experience;
2) The paralegal works under attorney supervision; and
3) The paralegal performs substantive legal work that the attorney
would have to perform if the paralegal were not present. 1.20. Substantive legal work consists of nonclerical tasks that require
legal experience or training; tasks for which paralegal fees can be
awarded.
1.21. A major requirement for using the titles paralegal and legal
assistant in California is that you work under the supervision of an
attorney.
1.22. Hourly fees are determined, in the main, by how much time is spent on
a client's case. In general, hourly attorney fees are paid regardless
of whether the client wins or loses. A contingent fee is dependent on
the outcome of the case; it is paid only if the case is successfully
resolved by litigation or settlement.
1.23. Definitions:
. American rule: The winning party cannot recover attorney fees and
costs of litigation from the losing party unless (a) a statute
authorizes such payment, (b) a contract between the parties
provides for such payment, or (c) the court finds that the losing
party acted in bad faith in the litigation.
. English rule: The losing side in litigation must pay the winner's
attorney fees and costs. 1.24. A statutory-fee case is a case involving a special statute that gives
a judge authority to order the losing party to pay the winning party's
attorney and paralegal fees. 1.25. The process of forcing one party to pay another's attorney fees and
costs in litigation is called fee shifting.
1.26. In a statutory-fee case, the court uses a lodestar to calculate
attorney fees to the winning party. The number of reasonable hours
spent on the case is multiplied by a reasonable hourly rate. Other
factors might also be considered above the lodestar in setting the fee
(e.g., the quality of representation, any delay in receiving payment,
and the risk at the outset of the litigation that the prevailing
attorney will r