Introduction to Paralegal Studies Notes

Introduction to Paralegal Studies

  • Only study guide for PAR1501.
  • Department of Jurisprudence, University of South Africa, Pretoria.

Study Unit 1: Introduction to Paralegal Practice

  • Paralegal practice is a relatively new career with high demand.
  • Paralegals assist communities with basic legal advice, improving access to justice.
  • Paralegals support legal professionals with administrative tasks, making services more affordable.

History of Paralegal Practice

  • International History:
    • In 1967, a US law firm used trained non-lawyers for routine tasks.
    • In 1968, the American Bar Association recognized these legal assistants, leading to the term "paralegal".
  • National History:
    • Law firms have long trained administrative staff in legal skills.
    • Community-based paralegals protected disadvantaged people's rights during apartheid.
    • In 1996, the National Community Based Paralegal Association (NCBPA) was established to support paralegals.

What is a Paralegal?

  • No universally accepted definition.
  • Definition: a person qualified to perform legal, social welfare or related work requiring basic legal knowledge.
  • Characteristics:
    • Not a legal professional (lawyer).
    • Has basic legal knowledge.
    • Obtains skills through education, training, or experience.
    • Works under supervision.
    • Can be employed in various places.

Differentiation from Legal Professionals

  • Legal professionals (lawyers) have a law degree; paralegals do not.
  • Lawyers are divided into attorneys and advocates.
    • Attorneys work at law firms and directly with clients.
    • Advocates specialize in court work and receive work from attorneys.
  • Paralegals should not misrepresent themselves as attorneys.

Paralegal Knowledge and Skills

  • Paralegals must have basic legal knowledge, varying by job type.
  • Knowledge is gained through formal education, informal training, or work experience.

Supervision and Employment

  • Paralegals are divided into those in law firms and those in the community.
  • Law firm paralegals work under attorney supervision.
  • Community-based paralegals work more independently but refer cases when needed.
  • Paralegals work in law firms, community organizations, trade unions, government institutions, and corporate institutions.

Future of Paralegal Practice

  • Paralegals will play an important role in promoting access to justice and educating the public.
  • Formal recognition by law is important clarify their role.

Study Unit 2: Role of Paralegals in Legal Practice

Why We Need Paralegals

  • Less expensive than legal professionals.
  • Located where there is a great need for basic legal advice.
  • Trained in areas of the law that legal professionals traditionally do not receive training.
  • Often part of the community they serve.
  • More approachable than a legal professional.
  • Have more skills to resolve issues without resorting to formal legal procedures, including community education and community organizing.
  • Better equipped to function in dualistic legal systems.
  • More focused on a holistic approach and do not merely resolve matters through legal processes.
  • Play an important role in the empowerment of the community through community education.

Role of Paralegals with Reference to the Constitution

  • Section 9: Promotes equality before the law and equal protection by giving access to justice to the poor rural communities.
  • Section 35: Provides the right to legal representation for arrested persons at state expense. Paralegals working for the Legal Aid Board play an important role.
  • Section 28: Provides that children also have a right to legal representation

Role of Paralegals in Legal Practice

  • Law firms: act as interpreters, prepare simple documents, monitor cases, and give advice.
  • Community-based organizations (CBOs): Provide basic legal advice to poor communities, focusing on social welfare, pension benefits, rights of people living with HIV and AIDS, employment issues, family violence, and land restitution.
  • Trade unions and labour law consultancies: Provide advice on labor issues.
  • Service organizations: Advice offices operated by non-profit organizations, educational institutions, and lawyer associations providing advice and monitoring human rights abuse.
  • Government organizations: Employ paralegals to give advice to the public, for example, advice desks in the courts, Legal Aid South Africa.
  • Corporate institutions: Banks and insurance companies require basic knowledge and understanding of the law.

What Paralegals Do

  • Investigate matters, collect evidence, and research.
  • Draft court papers for lower court procedures.
  • Counsel, advise, and refer people.
  • Assist people in obtaining access to social services.
  • Negotiate and mediate disputes.
  • Refer cases.
  • Represent clients at CCMA.
  • Prepare certain standard legal documents.
  • Conduct basic legal research.

Study Unit 3: Formal Recognition of Paralegals

Current Status of Paralegals in South Africa

  • No formal recognition exists, and no law or policy officially acknowledges their role.
  • In 1996, the Legal Forum of Access to Justice Commission proposed recognition, a paralegal act, certification, and a paralegal institute.

Why Paralegals Should Receive Formal Recognition

  • To ensure they have the knowledge and skills needed without abusing their position; establish minimum training standards; protect the public.

The Unresolved Issues Around The Formal Recognition of Paralegals

  • Minimum standards do not exist that have given paralegals formal recognition.
  • Draft legislation is not clear on overlap with legal work reserved for legal professionals and not what type of work a paralegal may do.
  • It must be determined if paralegals granted right of appearance in courts and tribunals will have knowledge and skills needed.

Training and Certification of Paralegals

  • Substantive training: Training in respect of law and legal principles.
  • Skills training: Training on skills that a paralegal needs like how to complete forms.

Professional Associations and Organizations for Paralegals

  • The National Community Based Paralegal Association (NCBPA) is focuses in providing human rights education to general public.
  • The National Paralegal Institute (NPI) represents all the paralegals in South Africa.

Study Unit 4: Practical Skills for Paralegals

General Guidelines

  • Prepared to "go the extra mile”.
  • Committed and diligent in the execution of your duties.
  • Know and understand the values underlying the organization or the firm you work for.
  • Always make an effort to develop your knowledge and skills.

Paralegal Communication Skills

  • Able to communicate with client, and people to address client’s problem.
  • Includes interviewing skills, listening skills, using correct language, advising, referrals.
Interviewing Skills
  • Introduce yourself and treat client with respect.
  • Distinguish relevant facts and obtain more information to narrow down issues.
Listening Skills
  • Show good listening skills when interviewing a client. (Refer to study unit 4 sections 4.5 of the module SCL1014).
Using the Correct Language
  • Use clients own language but if you can't than you consider using an interpreter.
  • Avoid using legal terms.
  • Explain every detail to the client so they can properly assess the issue.
Taking Instructions
  • What the client wants you to do.
Referrals
  • To attorneys or other agencies so they can get the support they need.
Telephone Calls
  • Should prepare yourself before making any telephone call.

Paralegal Administrative Skills

  • Ensuring quality, effective, and time efficient.
  • Good file management system, a clear structure from opening to closing files.
  • Case management, a diary system, as well as how to manage incoming documents.
  • Details of government or other organizations used for contact or reference to other groups for support.
Case recording and record keeping
  • Includes all documents and notes recorded in the file.
  • Affidavits and statements are taken (Includes template format).
Closing Cases
  • Has to happen in a specific way: get feedback to ensure the matter is solved.

Paralegal Bookkeeping Skills

  • Basic concepts and terminology.
  • Basic skills such as Petty Cash, Cashbooks, Bank account management. (Receipts, Payments, Withdrawals)

Negotiation, Mediation and Arbitration

  • Negotiation is when two parties in conflict meet and try to agree on a way to resolve it.
  • Mediation takes place when two groups agree and ask a third party to help (they don't take a side).
  • Arbitration is when the arbitrators listen to each side and determines an outcome based on the different cases.

Community Education Skills (Workshops)

  • Interactive sessions is more a helpful approach than it is a lecturing one.
  • Aim of the workshop is well understood.
  • It is structured building around new information for participants.
  • The more people participate, the more they understand.