Basics of a Family Law Paralegal
Family law paralegals are the magnetic linchpins of their practices. They ensure that everything is organized, that the cases stay on target and that the clients have a clear understanding of the legal side of their divorce, custody or other family law case.
While they are an important part of firm’s bottom line, family law paralegals perform their work for a different reason. Family law is a highly sensitive area of law. Paralegals interacting with the clients are the public face of the firm. They are there to answer questions and explain information to clients who are going through one of the most difficult times in their life. It takes a very special type of person to be able to go home and not internalize the pain and anger of a client who is getting divorced or watching a bitter custody battle unfold.
Family law paralegals work closely with both the attorneys and the clients. According to ParalegalCareers.com, the following duties are associated with family law paralegals:
A family law attorney typically handles all matters relating to divorce, adoption, custody and visitation, domestic violence, division of assets, spousal support, paternity contests, guardianship, prenuptial agreements, marriage annulment, and allocation of parental responsibilities .
Now that we’ve covered a general job description for a paralegal, let’s touch upon what separates paralegals to specialize in family law. There are classes offered through The National Association of Legal Assistants (NALA) such as: Family Law Basic and Advanced. These courses cover everything from Divorce Process Basics to Divorce Court Procedures.
The American Alliance of Paralegals also offers a Certification Testing Examinations and a Certificate in Advanced Family Law. They also provide certifications in Bankruptcy Law, Criminal Law, Immigration & Naturalization Law and Litigation.
These specialized courses should be your first stop, if interested in a family law paralegal position. Why? Because they will give you a better idea of whether or not you are a fit for this particular role. As well, they can give you a better idea of where your current knowledge lies.
A family law paralegal position is for those who have a passion for family law. Everything they do is focused on a client who is in crisis. Family law was what chose me as a paralegal, not the other way around.
Tasks of a Family Law Paralegal
A family law paralegal plays an integral role in the success of the attorneys and law firms with whom they are associated. Some of the key responsibilities of a family law paralegal include:
Assisting in Family Law Research
An important part of the paralegal’s role is to assist the lawyers with legal research. Many paralegals hold bachelor’s degrees in paralegal studies or possess a paralegal certificate, which is essential for practicing family law in most states. The extent of research work varies by case and situation, but paralegals typically spend time researching legal codes and precedents to ensure their law firms’ clients cases’ are effective.
Drafting Legal Documents and Forms
Paralegals draft various legal documents for their law firms, including pleadings, affidavits, discovery documents, and court forms. In addition, paralegals often are responsible for monitoring case deadlines, including the filing of documents and court appearances. Depending on the firm, some paralegals also organize exhibits and document evidence, such as photographs, letters and other client information.
Managing Case Files
Most of a paralegal’s time is spent in a law office, managing client files, reviewing case details and consulting with attorneys and clients. Often, the administrative aspect of preparing and maintaining case files can take up much of their time, especially if there are many hearings and pre-trial conferences. Paralegals are also responsible for updating files, organizing, extracting and storing information.
Supporting Lawyers During Court Proceedings
Paralegals assist lawyers or attorneys in court proceedings by helping with important details related to a case, including: Paralegals have an essential role in ensuring that court procedures are followed and that the attorney they work for is prepared to present a case prior to a scheduled hearing. Some of the paralegal’s duties may take them out of the office or into a courtroom. However, much of their work is performed at the law office, from drafting legal documents, organizing files, preparing exhibits, and conducting legal research, as well as carrying out administrative functions for their law firm or legal practice.
Skills Needed by Family Law Paralegals
Understanding the skills a family law paralegal must possess is key for anyone considering hiring a family law attorney. These skills are proven to be effective in encouraging the courts to rule in favor of the client and are, therefore, hugely beneficial for your case. While many of these skills are similar to those of paralegals in other areas of focus, family law paralegals also have some specific abilities that help them really shine as assistants to a family law attorney. In order to excel in this role, which can be both time consuming and stressful, family law paralegals must possess excellent oral and written communication skills. This is vital for liaising with clients, witnesses and others connected to the case seamlessly, allowing for an easier case to handle. Likewise, organization skills are critical to keeping up with a hectic work schedule while still meeting the deadlines imposed by the courts and other professionals involved. This is a primary reason that staying abreast of the latest family law proceedings and overall changes in the law is needed; doing so also allows for paralegals specializing in family law to better navigate their ever-increasing workload. Education is another important characteristic of a family law paralegal. While some organizations, such as The National Federation of Paralegal Association (NFPA) require less than a two year education to sit for the certification exam, many others do not. However, it is important to point out that many legal firms require a family law paralegal to have previously earned at least a paralegal studies associate degree or equivalent. This helps ensure the attorney has a competent assistant to work with under the increasingly heavy pressures of a family law case. Having strong oral and written communication skills and excellent organizational skills, along with solid educational credentials, are key qualities in finding an excellent family law paralegal.
Necessary Education for Family Law Paralegals
Educational Requirements for the Family Law Paralegal
Traditionally, paralegals achieved the necessary educational requirements by completing a two-year associate degree program at a community college or university. However, there are now many paralegal certificate programs that are designed for legal secretaries and others working in the legal community, but who do not have either the time or the resources to commit to a full-time program. Other paralegals complete their legal education at a distance. It is important to find nationally recognized paralegal programs that have earned accreditation from the American Bar Association (ABA). The most prestigious paralegal association in the United States, the National Federation of Paralegal Associations, Inc., also does not accredit any paralegal education programs, but it has established a Professional Certification Program that issues voluntary certified credentials.
It is also common for many paralegals to take supplemental courses in areas in which they plan to specialize. Aside from family law, many go back to school to learn about corporate law, criminal law, tax law, litigation, bankruptcy or real estate. Because laws can often vary from state to state, both small community colleges and most four-year universities offer paralegal studies courses in different states that better reflect the particular laws in that region. Finally, the education required for aspiring family law paralegals has become more specialized as the profession prepares previous paralegal positions. As a result, many traditional paralegal courses offered at community colleges have now been replaced with complete – and often practical – classes emphasizing the various aspects of family law such as Alimony, Child Custody, Child Support, Child Advocacy Centers, Domestic Abuse, Divorce Procedures and Valuation of Assets. Courses on court system formalities, separation agreements, legal terms, custody evaluations, property divisions and legal timelines are now common in many programs.
Problems for Family Law Paralegals
As is the case with any specialty area, there are always challenges presented to the paralegal. From my own experience as a family law paralegal, I am aware that there can be financial, emotional, mental and physical tolls presented by the demands of the job.
Financially, you will be called upon to perform a lot of work that often times goes unpaid through the hours billing. Even in firms where there is a specific paralegal case load, anything over that will likely not be compensated. In addition, there is the issue of per-minute billing. Many clients do not understand that the work that is performed will be billed by the minute; so if you send a letter to a client inquiring about a response to another party’s allegations, and you spend 7 minutes on the phone leaving a voicemail, 15 minutes researching the other attorney’s last name to get the correct spelling, 5 minutes editing the letter and 11 minutes for drafting the letter and then mailing it, the total time billed to the client will be 38 minutes for verbal and written correspondence. Clients are often not happy with the cost that they receive mid-month for services rendered (there is an opportunity to go over every hour, every minute with your client).
Emotionally, you will find yourself torn between the role of "paralegal" and a confidante in what is often an emotional situation. More times than not, the client will not see the paralegal as someone just assisting their attorney. You will find yourself listening to the client’s woes more than what is appropriate. Developing a method to direct the conversations back to the matter at hand is important. Establishing boundaries, and adhering to them will save you and your firm money.
Mentally, you will see one of two extremes: clients who have plenty of time to mull over things, or clients who are overwhelmed by everything that is going on to the point that your life becomes "the status quo" . A client who has a lot of free time and too much time to think about their situation will call often, make unreasonable demands and make you feel like an advocate just short of being an attorney. Those clients typically do not take what you say about doing things in a cost-effective manner. You will find yourself up to your ears in paperwork because you did not say "No!" in the beginning. When this happens, you will need to rectify that with the client and the attorney, limiting the time you spend on the case and the tasks associated with it, even if it means allowing the client to be unhappy.
Conversely, clients who have little free time may not respond to communications or even show up to appointments. Those same clients may not follow through with any of their responsibilities you give to them. This brings you stress of having to answer to the attorney regarding the lack of progression in a case. The best way to deal with this is to stick to your agenda of getting the job done efficiently, your job. If a client will not respond to you, overtly forgets about an appointment, or is very late on delivering documents, inform the attorney and inform the client that you have done your job according to the schedule set forth and they were not available to meet it. You will need to give the attorney a heads up about how the client is proceeding. Maybe the client will cut you some slack (and take more of the heat from the attorney) if the attorney is informed to the failure-to-communicate.
Finally, there is the issue of confidentiality. Even though you will be dealing with some of your client’s most private details, this spillage of information must stay inside the walls of your firm. Discussing the case details with your spouse or best friend or co-worker is not an option. You must exercise caution when doing background research on a client. If the attorney wishes to find out about a client, it is best for them to conduct the research, so they are not brought into any potential uncomfortable situation.
Future of Family Law Paralegals
A common aspiration for those working as legal assistants and paralegals is the desire to broaden the scope of their expertise and responsibilities. Family law paralegals may choose to pursue a variety of paths to expand their careers. Depending on their level of education and experience, many family law paralegals consider seeking advancement as senior paralegals within the family law department, specializing in particular facets of a family law practice, transitioning to litigation support, or pursuing a career in law school with the intention of becoming an attorney.
Senior Paralegals
Some firms rely on junior paralegals for day-to-day administrative and clerical tasks, but staff senior paralegals in support of family law attorneys for complex and nuanced case management. Senior paralegals hold a unique position that requires a strong understanding of both legal procedure and family law, as well as the interpersonal skills required to work closely with clients, opposing counsel, and the court. Those with a minimum of three years of experience, who have completed an ABA-approved paralegal certificate program and/or possess advanced certifications from a place like NALA, are usually eligible to apply for senior paralegal positions.
Litigation Support
Although many paralegals specialize exclusively in family law, some paralegals find opportunity in supporting the litigation of family law matters, specifically those who involve complex and high-asset divorces. Either as they begin their career or after some years of experience in family law, paralegals may transition to litigation support positions. Paralegals in litigation support are utilized by an attorney with litigation or trial practice in mind. They assist with the processing of records and documents, the preparation of pleadings and deposition notices, and the review and summarization of medical records, depositions, and various forms of discovery. Some family law paralegals choose to specialize in criminal law, labor law, real estate, or corporate law in order to broaden their portfolio and expertise.
Law School
Pursuing a legal career, whether it be as a first career or as a career transition, is a common goal for independent and self-motivated paralegals. Taking on a full-time, four-year program is not necessarily feasible, but there are options for attending law school part-time in the evening. Many law schools will count previous paralegal work experience as up to one year of law school credit, which ultimately reduces the time needed to complete the program. Some employers will even subsidize or reimburse tuition and other costs associated with attending law school. If considering an option such as this, confirm that the prospective employer has a policy to support these types of opportunities.
Tech Challenges for Family Law Paralegals
As with many other industries, technology has drastically reshaped the landscape of family law. Family law paralegals, like in any other field, have to keep abreast of new developments to remain at the forefront of the industry. In recent years, with the burgeoning of the Internet and digitized technology, the following tools have begun to make their ways into the day-to-day life of family law paralegals:
Legal Management Software
With someone’s legal business online, it makes sense that all of an attorney’s work could be done on the cloud as well. No need for a server, just store documents and calendars online. Plus, now there are a host of legal software packages that have been specially designed for the legal community. By seamlessly integrating all matters, scheduling, tasks and billing into one platform, with the ability to access it on a computer or through an app on a mobile device, case management software has dramatically improved productivity and efficiency.
E-Filing
E-filing is now a required part of the job of a family law paralegal. Every state has its own e-filing portal. This is how all pleadings and filings are made to the court. The Federal Pacer system is used for the same reason in federal courts. The e-filing portals are similar to the IRS Free File program in that you have an online account through which you submit filings. You can also set up notices of changes to case status, calendar alerts, billing alerts and the like, without having to constantly check an online calendar or return to the office to check mail.
Online Research
Just as with tax filings, the government has made court filings free online. All federal court filings are available for free, and most state court filings. In addition, online legal databases such as Lexis and Westlaw are indispensable to attorneys and paralegals in the preparation of pleadings and trial prep. Online legal research databases are more accurate, current and comprehensive than anything you can find on Google or in the library.
Summary
In conclusion, the effective and efficient performance of a family law paralegal job description is of paramount importance to family law firms and their clients. Throughout this blog, we have highlighted the indispensable role a family law paralegal plays in managing the multitude of details inherent in family law cases, from providing legal support to attorneys and clients to ensuring compliance with relevant rules and regulations. By mastering these complex concepts, family law paralegals are able to streamline case preparation and assist in the overall functioning of a law firm . The knowledge gained in this blog will allow you to appreciate the depth of knowledge and skills a family law paralegal must possess to provide comprehensive support to an attorney specializing in the area of family law. While becoming a family law paralegal requires learning and becoming proficient with a plethora of programs and rules, the rewards of this position allow family law paralegals to provide unparalleled support to their clients and attorneys.
