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Becoming a paralegal could be an ideal path for those interested in the legal system but not wanting to practice law. In the field of litigation, paralegals play a crucial role by supporting attorneys in preparing and conducting legal proceedings.
Similar to attorneys, paralegals engage in various responsibilities such as client and witness interviews, case investigations, and drafting pleadings. However, it's important to note that litigation paralegals do not provide legal advice or represent clients in court. Now, let's delve deeper into the requirements and duties that define a successful career as a litigation paralegal.
What Is a Litigation Paralegal?
A litigation paralegal is a professional who assists lawyers by performing various legal tasks, playing a vital role in the legal system. Their responsibilities range from research, document preparation, and case management to gathering facts, interviewing witnesses, and aiding in trial preparation.
To work as a litigation paralegal, most states require certification from an accredited program. Many employers prefer candidates with prior legal experience, ideally from a law firm or similar setting. Strong research, writing, and analytical skills are necessary, along with the ability to thrive under pressure and meet deadlines.
Throughout the litigation process, a paralegal works closely with the attorney. From the pre-discovery stage to closing arguments, they gather and file court documentation, interview clients, and prepare exhibits for trial. Their expertise ensures the attorney is well-prepared in every aspect of the case. With the right training and experience, a successful career as a litigation paralegal is attainable.
What Is a Litigation?
Litigation, whether civil or criminal, is a formal process where two parties bring their disagreement to a court of law for resolution. In civil cases, such as family law disputes, the focus is primarily on seeking financial restitution. On the other hand, criminal litigation involves charging individuals for violating the law.
The litigation process typically starts with one party filing a complaint, followed by the court scheduling a hearing and ruling on the matter. During the hearing, both parties have the opportunity to present their case before a judge or jury, who will ultimately decide the outcome.
Although litigation can be intricate and time-consuming, it provides an avenue for both parties to present their arguments to an impartial third party and receive a fair judgment.
What Does a Litigation Paralegal Do?
In the field of litigation, paralegals handle a myriad of tasks that arise throughout the entire trial process. They play a crucial role in various areas such as investigation, pleadings, discovery, settlements, and appeals, performing important work at every stage.
Investigation
Litigation paralegals typically handle pre-claim investigations, which involve a range of tasks. These tasks may include locating and interviewing potential witnesses, obtaining their statements, gathering relevant legal documents and evidence, conducting initial research, creating case investigation notebooks, and drafting event timelines.
On the plaintiff side, paralegals may engage in legal research while also conducting initial client interviews and assessments.
Discovery
Litigation paralegals primarily dedicate their time to the discovery process when working on a case. The role of a paralegal involves assisting legal professionals by creating discovery documents, such as interrogatories, requests for production, and requests for admissions. Additionally, they may be tasked with finding subject matter experts within their client company to contribute to drafting responses to interrogatories when working on the defense team.
In addition to these responsibilities, paralegals handle various other tasks related to discovery. They assist with e-discovery, create and maintain discovery indexes, organize case files, set discovery deadlines, review and analyze litigation documentation, summarize depositions, and organize and summarize medical records.
Pleadings
Defense paralegals collaborate closely with clients to collect evidence and devise defense strategies. They perform various litigation paralegal duties such as drafting and filing pleadings, maintaining filing indexes, scheduling court appearances, and ensuring compliance with filing deadlines.
In civil litigation, paralegals work alongside plaintiff attorneys to efficiently draft crucial court documents, including complaints, summonses, and supporting affidavits.
Pretrial
Paralegals in the field of litigation play a crucial role in managing cases that involve a large volume of documents and preparing trial binders. During the pretrial phase, the organization and communication abilities of litigation paralegals are put to the test, as they act as intermediaries between clients, the court, and other parties. Additionally, they are responsible for arranging travel and lodging for out-of-town trials.
Trial
During the trial phase, an attorney relies heavily on the invaluable support of a litigation paralegal. These skilled professionals go beyond simply organizing evidence, exhibits, and documents. They act as crucial intermediaries between clients, witnesses, experts, vendors, and trial teams. Furthermore, they handle tasks such as courtroom file and exhibit setup, subpoena preparation and issuance, witness preparation, legal research, and evaluation of potential jurors. Litigation paralegals also play a vital role in the courtroom, assisting with voir dire and jury selection, managing exhibits, gathering documents, preparing witnesses, observing the jury, taking notes, ordering and reviewing trial transcripts, and more.
Settlements
A paralegal in litigation plays a critical role in law firms, actively assisting attorneys in reaching agreements for client cases. Their tasks may include providing support during settlement conferences, drafting settlement agreements and releases, as well as collecting and organizing data.
Appeals
Paralegals specializing in litigation play a crucial role in aiding attorneys. They meticulously research potential appeals, compile evidence for the appeal/joint appendix, and artfully index cases for use in a table of authorities. Additionally, they contribute to the compilation of appellate documents, provide invaluable assistance with brief writing, and ensure paperwork is promptly submitted to the court throughout the appeal process.
How to Become a Litigation Paralegal?
If you're considering a career as a litigation paralegal, there are a few essential things you should know. Let's dive into the key points:
Education: Earning a degree or certificate in paralegal studies is crucial. While a bachelor's degree is preferred, it's not mandatory. Both undergraduate and graduate paralegal education programs are highly regarded. Some programs offer specialized coursework in areas like civil or criminal law. Alternatively, you can pursue a degree in another field and supplement it with litigation courses.
Specialization: Decide which area of litigation you want to specialize in—whether it's criminal or civil litigation. Tailor your coursework accordingly, focusing on the specific skills and knowledge required in your chosen field.
Certification: After completing your education, you'll need to pass the Paralegal Advanced Competency Exam (PACE). This exam, administered by the National Federation of Paralegal Associations (NFPA), is mandatory for certification in many states. Additionally, you can pursue other certifications, such as the Certified Paralegal Exam (CPE) offered by the National Association of Legal Assistants (NALA). These certifications showcase your commitment and expertise in the field.
Job Search: Once you've completed your education and certification, it's time to find litigation paralegal jobs. Starting as a law clerk or legal assistant can provide valuable foundational experience. Emphasize your research, writing, and organizational abilities in job applications, as they are essential skills for successful litigation paralegals.
Growth and Advancement: With hard work and dedication, you can become a skilled litigation paralegal. These professionals play a vital role in the legal system, assisting lawyers and clients alike. Remember to prioritize continuous education and training to stay updated in the ever-evolving legal landscape.
By following these steps and maintaining a proactive approach, you can establish a rewarding career as a litigation paralegal. Start your journey today by investing in your education and training.
Litigation Paralegal Job Prospects & Salary
Paralegals have diverse employment prospects, comparable to other professions. Factors such as location, education level, and work history influence these prospects significantly.
If you're in a major metropolitan area, possess years of experience as a litigation paralegal, hold a bachelor's degree, and have a paralegal certificate, your salary will likely be higher compared to working with only an associate degree.
A prime example is that Arkansas offers the lowest average wage for paralegals, at $41,780 per year. Conversely, California boasts the highest concentration of employed paralegals, with an average salary of $70,290 per year.
According to the Bureau of Labor Statistics, the median salary for a paralegal in 2021 was $56,230. Furthermore, employment of paralegals and legal assistants is projected to grow by 14% between 2021 and 2031, even during economic recessions. It is one of the faste growing careers on aveage.
The litigation paralegal is an indispensable member of the legal team, providing vital support throughout the litigation process. They play a critical role in ensuring smooth case management, from researching and preparing cases to meeting deadlines and communicating with clients. A successful paralegal must possess excellent organizational skills, attention to detail, and the ability to conduct thorough legal research. Adaptability is also crucial in the ever-changing legal landscape. For those with a passion for justice and a desire to assist others, a career as a litigation paralegal offers both challenges and rewards.
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