Legal Assistant Vs. Paralegal: What is the Difference Between Them

For law firms to run efficiently, each staff member must perform their specified duties according to their designated role. Unfortunately, not everyone recognizes the actual distinction between a paralegal and a legal assistant, due to historical circumstances.

The American Bar Association (ABA) decided in 1997 to treat these two terms “legal assistant” and “paralegal” as interchangeable to eliminate confusion. Luckily, the situation changed in 2020, and the ABA removed “legal assistant” from the definition of a “paralegal”. This decision was a recognition of the actual differences in the level of responsibility and the type of tasks they perform.

This article provides a detailed analysis of two positions and their corresponding work duties. If you are considering one of these professions, immerse yourself in reading to see if it matches your expectations.

What is a Paralegal?

Some people may believe that the profession of a paralegal and a legal assistant are interchangeable. Unfortunately, they aren’t.

The American Bar Association provided an excellent definition of “a paralegal”. Let’s keep it simple.

According to the words of Jill Kolodner, Founder of WGK Personal Injury Lawyers, a paralegal is a qualified legal specialist who works under the supervision of a lawyer and carries out a substantial amount of work. Besides, this person lacks the authority to practice law or provide legal advice.

The appropriate education and certification are crucial for securing employment for this position. So, individuals have several ways to become a paralegal:

• Associate’s Degree. It is a two-year “Paralegal studies” educational program. This option is widespread among students as it provides a solid foundation.
• Bachelor’s Degree. It’s a four-year university program with a specialization in Paralegal Studies.
• Paralegal Certificate. This option is available for those who already have a Bachelor’s Degree in any field and lasts up to a year.

The main function of a paralegal is to boost the efficiency of a law firm by covering the groundwork. This enables the attorney to concentrate on court representation and strategic counseling.

What Does a Paralegal Do?

A paralegal is a right-hand person for a lawyer, and the position entails the following duties.

• Performing legal and factual research. Reviewing various legal documents, and interviewing witnesses to obtain crucial case information.
• Preparation of legal documents, including rough drafting (e.g., contracts, agreements, affidavits, wills), along with proofreading, editing, and formatting.
• Document management. Providing access to all documents and keeping them properly organized.
• Handling case files. This involves organization, maintenance, closure, and subsequent archiving.
• Organizing evidence and materials for litigation. The paralegal collects, categorizes, and indexes case materials, preparing them for the trial binder.

As a whole, the paralegal is responsible for all the technical and initial work in the law firm.

Key Skills of a Paralegal

Primarily, key paralegal skills that Rosenbaum & Rosenbaum requires revolving around substantive legal work.

• Analytical skills. The ability to sift through complex case data, and assist in building a legal strategy.
• Case management. Doing the groundwork for particular legal matters, handling such aspects as deadlines and procedures.
• Communication skills. The ability to communicate in a professional way and adhere to proper etiquette.
• Legal drafting skills. Preparing various procedural papers.
• Trial preparation skills. From gathering evidence and interviewing witnesses to organizing all case materials.

Key soft skills of a paralegal:

• Meticulousness
• Problem-solving
• Interpersonal skills
• Discretion
• Critical and analytical thinking
• Stress management
• Multitasking

What is a Legal Assistant?

A legal assistant is a capable specialist who masterfully conducts not only administrative, organizational duties, but also secretarial tasks.

This position has more lenient requirements with respect to education and experience; however, many employers prefer to hire candidates with a solid academic background.

Explore several ways to work as a legal assistant:

• On-the-job training (OJT). The law firm has its own internal employee program. A high-school diploma is required.
• Legal Assistant Certificate. These programs are designed for people without a university degree, though post-baccalaureate programs are also available.
• Associate’s Degree. Provides advanced training with a strong foundation of knowledge. This degree carries more weight with employers and is a good fit for people with long-term career aspirations.
• Bachelor’s Degree. The ideal option for well-defined legal career ambitions, mapping out a clear route from legal assistant to lawyer.

What Does a Legal Assistant Do?

Some law firms like Zayed Law Offices have different educational criteria when hiring a legal assistant. A legal assistant can unofficially be compared to a legal secretary who also handles clerical duties. For example,

• Legal office support. Keeping the office organized and stocked with supplies.
• Calendar management. Entering and tracking the lawyer’s meetings, court appearances, briefings, business trips, and interviews.
• Paperwork. This encompasses managing correspondence, preparing and formatting legal documents, maintaining case files, as assign.
• Communication. Responsibilities include receiving and routing calls, internal correspondence, keeping colleagues informed, welcoming visitors, and liaising with federal and state agencies.
• Billing. The assistant must track the lawyer’s time, gather information, prepare and send out preliminary invoices (pre-bills), handle collections, and perform reporting.

Key Skills of a Legal Assistant

• Computer literacy. Skilled in using programs like Case Management System, Microsoft Office, Adobe Acrobat, and Microsoft Access.
• Administrative skills. Excellent organizational and technical abilities, including proficiency with office equipment.
• Verbal and Written communication skills. One of the key skills for cultivating trusting relationships with colleagues and clients, as well as mitigation brewing conflicts.
• Attention to details. Critical for effective work with extensive volumes of paperwork.
• Commitment to confidentiality and Professional ethics. Adherence to professional standards and safeguarding client and firm confidential information.

Additional key soft skills:

• Emotional intelligence
• Client-centered approach
• Adaptability and flexibility
• Time management
• Initiative

Paralegals Vs. Legal Assistants

Having defined these two concepts, it’s time to outline the similarities and differences between these roles.

The Differences

1. Job nature. Paralegals handle legal casework, whereas legal assistants are focused on the administrative side.
2. Education. Educational standards for paralegals include specialized training, while a legal assistant often needs only a high school diploma and on-the-job training.
3. Scope of responsibilities and Salary. Paralegals receive higher compensation and have more career growth potential than legal assistants, which reflects their higher level of responsibility. 

The average annual salary for a paralegal in the U.S. is between $50,000 and $75,000, according to data from the BLS and other sources. While a legal assistant typically earns between $40,000 and $55,000. Thus, paralegals generally command higher incomes, which reflects their higher level of specialization.

The Similarities

1. Legal support. Both positions are vital to streamline and accelerate legal work, thereby increasing the law firm’s efficiency.
2. Focused on the legal sector. A solid understanding of legal terminology and procedures is essential, and so is the ability to operate within a law firm.
3. Work under supervision. Since neither employee requires a law license, the staff is not permitted to practice law or represent clients in court.
4. Upholding professional ethics. While working in the legal industry, individuals in these functions must follow professional ethics and protect confidential client information.

Conclusion

To recap, it is now evident that there are significant distinctions between a paralegal and a legal assistant. However, both professions are intended to provide assistance to lawyers.

By analogy, it’s apparent that being a paralegal is more profitable and prestigious. Yet, this demands substantial academic investment, as the student must first complete their education.

When seeking future employment, steer clear of firms where a supervisor merges these specializations, doubling your workload. You will likely be underpaid, as it is a red flag that the employer aims to reduce staffing expenses.