Paralegal Responsibilities and Functions for an Employment Law Firm
Employment law paralegals are responsible for performing a variety of roles that support the practice of law, including but not limited to: preparing pleadings, discovery, and correspondence to clients and opposing counsel, such as notices, motions, subpoenas, and deposition notices. They organize and manage documentary evidence, such as medical documents, pay and other employment benefits records, personnel files and any other company information. They perform interviews of the client and witnesses and summarize statements and documents for attorney review. Paralegals manage trial preparation work, including assembling trial notebooks, exhibits , trial binders and witness lists; schedule depositions and trial dates; and locate and prepare expert witnesses for trial. They also conduct document and record reviews and analysis, including analyzing employment records, payroll and pay structure data. Lastly, paralegals perform legal research on behalf of attorneys. Typical cases paralegals assist with include wrongful termination, wage and hour disputes, discrimination cases, harassment and hostile work environment, whistleblower claims, FLSA claims, non-compete agreements or violation of trade secrets, ADA compliance, unlawful retaliation, breach of contract, employment classifications, severance agreements, anti-discrimination rules and policies, employment relationships and terms, trade secrets, torts, and unfair competition.
Key Competencies for an Employment Law Paralegal
An employment law paralegal must possess a strong knowledge of the legal processes related to employment law and litigation, such as applicable federal and state laws and litigation timelines, statutes of limitations, rules, and guidelines. This familiarity is not enough, however. Employment law can be a complex field, one that is always evolving due to shifts in federal and state employment law. An employment law paralegal must stay abreast of trends and be able to anticipate how new laws and regulations may affect their clients.
The abilities to communicate and organize are also crucial. The paralegal may need to interview witnesses or clients, prepare exhibits, file pleadings, and assist with depositions, subpoenas, and interrogatories. Depending on the office, these tasks might require a basic knowledge of database management and spreadsheets. In all of these tasks, strong interpersonal skills, such as empathy, respect, and diplomacy, will be important. This is a field in which emotions can run high and confidentiality is paramount. Keeping all information and encounters confidential is imperative.
In sum, paralegals in employment law have a wide variety of duties and need to have an even wider variety of requisite skills. But above all, success in this field requires knowledge and versatility.
Reason Why Paralegals Are Essential to Employment Law Firms
In the complex world of employment law, the roles of different professionals are clearly defined and governed by strict ethics. This is true particularly with respect to paralegals. According to the Federal Trade Commission, "a paralegal engages in activities involving professional judgment and complex, substantive knowledge." A true representative of his or her employment law firm, the paralegal also does not set fees or give legal advice. Instead, these legal professionals work underneath and within the guidelines of an attorney/employment law firm’s supervision.
When it comes to drafting legal documents for lawsuits, depositions, interrogatories, contracts, motions, and notices, as well as preparing supporting documents such as memoranda of law and affidavits in support of motions, paralegals are an integral part of the law firm experience. These legal experts have a hand in the vast majority of paperwork that is created during the life cycle of a case. On cases that are settled before trial, this legal paperwork is helpful in the preparation of settlement documents such as releases, purchase and sale contracts, and notes.
Working both independently and as part of a team, paralegals perform a variety of time-consuming activities as they help attorneys review documents and evidence, analyze the results of research tasks, including the checking and application of citations, identification and location of witnesses, and the locating of online legal research tools.
Other oft-forgotten activities that are critical to case preparation include arrangements for service of process and filings, along with the gathering of expert witnesses and investigators for background checks and other relevant information.
Paralegals also have a hand in the client interface when an attorney is not available to answer the client’s questions or provide legal advice. Paralegals help keep the client apprised of all aspects of the case as there is so much to do. Legal research alone can be quite time-consuming and intensive.
In order to assist attorneys in their job, paralegals must have an extremely detailed understanding of a case. Attorneys simply do not have the time to answer smaller questions or to follow up on issues throughout the life cycle of a case. This is especially true in employment law, where there can be several cases to manage and navigate at once. By relying on paralegals to perform these tasks, attorneys can then spend the time on the big picture recommendations and critical legal advice that ultimately impact the outcome of the legal matter.
As the number of lawsuits grows, more and more law firms are hiring paralegals to assist with the litigation process. In addition, many employment law firms emphasize that their internal policies follow the paralegal legal assistant ethics as outlined by the National Federation of Paralegal Associations, Inc. By following these guidelines, attorneys and paralegals adhere to regulations that further enhance the quality of the services provided by the law firm.
By increasing the effectiveness and efficiency of the employment law firm, paralegals can provide unique advantages for clients who want assistance as they navigate employment-related legal issues.
Employment Law Paralegals: Path to Advancement and Opportunities
As in many other areas of the law, there is potential for employment law paralegals to advance their careers. One possibility is for employment law paralegals to develop specializations in areas such as ERISA, labor relations, or worker’s compensation. In addition, advanced certifications will enhance their value to employers. To date, the National Federation of Paralegal Associations (NFPA) has endorsed three specialized paralegal examinations: the PACE certification for general practice paralegals, career certification for certified intellectual property paralegals and the e-discovery certification. The NALA also has an "advanced certification" for civil trial law paralegals and certificates for those specializing in pre-trial litigation, insolvency and litigation support.
While paralegals are not required to have paralegal certification, employers tend to upgrade such staff members who have sought these credentials. Paralegals who take the initiative to learn more about the law and get extra certificates also make themselves prime candidates for promotion to office manager or even legal assistant in larger practices. Other opportunities for promotion up the corporate ladder include jobs as compliance officers , contract administrators, legal publishing editors, or business administrators.
Employment opportunities for paralegals with a specialization in employment law also include the United States Government, where they can work side by side with attorneys in Blue Book firms, with insurers, with corporations or as consultants. In large metropolitan areas, paralegals with an HR background who are well versed in the law can also find positions in smaller HR departments and major corporations.
The Bureau of Labor Statistics estimates the number of paralegals in the US at 200,000, and anticipates job prospects to be very good. In May 2009, this report listed the median annual wage for paralegals and legal assistants as $46,960. Legal services, corporations, health care institutions, government agencies and non-profit organizations employ most paralegals. The largest employers of paralegals and legal assistants were as follows:
Again, all of these figures represent paralegals who are generalists. Paralegals with a specialization in employment law can expect to see the same growth, if not better, because the demand for specialists greatly exceeds the supply, particularly in high growth sectors.
Employment Law Paralegal: Common Challenges
Working alongside Employment Law Solicitors, many Employment Law Paralegals will be tasked with managing a broad range of responsibilities. The nature of this field means that you must be a natural multitasking expert to succeed. It can prove challenging to manage your own workload while communicating and collaborating with your Employment Law Solicitors on various cases. While constant communication is key to good client relations, you may find you have far too much to do at once. Clients, employers and employees alike, all require the services of a dedicated Employment Law Paralegal. You may find yourself with a long list of duties piling up throughout the course of the day, even for the simplest of cases. Having good time management skills is crucial, as well as having the foresight to know when you are not going to be able to complete a task within a set timeframe, and notifying the relevant parties accordingly. Individuals in the position of Employment Law Paralegal must also be committed to professional development, as employment law rules and regulations are constantly changing. You may need to study legislation alone or in collaboration with your Employment Law Solicitors. Without adequate knowledge of current employment law, your ability to fulfil your role would be undermined, which is particularly important if your main role is to research legal information, identify key facts in a case and prepare summaries for your Employment Law Solicitors to follow when conducting interviews or any other interactions with clients. Further to this, managing confidential and sensitive information is of utmost importance. Whether you are dealing with general cases or tribunal claims, your clients’ personal data cannot be exposed or mishandled in any way. For this reason, you may find yourself working long hours to review the necessary paperwork and ensure you have a thorough understanding of a case before handling it with your Employment Law Solicitors.
The Future of Employment Law and How Paralegals Fit In
As employment law continues to evolve, adjustments in trends will inevitably bring about further changes in the legal requirements for businesses and how they impact upon the workforce. For example, workplace expectations regarding things such as parental leave as well as unacceptable conduct amongst employees have shifted over the decades which has led to new laws and legal challenges arising from these developments. It’s no doubt a very interesting profession to work within .
As a result of this a variety of law firms needed to hire more legal support, such as paralegals. With the legal landscape being in constant flux, a firm’s lawyers need to focus on what is required of them to best represent their client, and that often includes passing off some of their tasks (such as drafting and general administration) to competent paralegals. In this way, the legal support staff have become a great asset to the legal field as a whole and to the clients who engage their firm, while becoming an integral part of the industry moving forward.
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