Ch02 Career Opportunities.docx

Chapter 2 Career Opportunities Chapter Overview Introduction Where Paralegals Work Paralegal Specialties Paralegal Compensation Planning Your Career Locating Potential Employers Reevaluating Your Career Chapter Objectives After completing this chapter, you will know: What types of firms and organizations hire paralegals. Some areas of law in which paralegals specialize. How much paralegals can expect to earn. How paralegals are compensated for overtime work. How to prepare a career plan and pursue it. How to search for an employer. Chapter Outline I. INTRODUCTION A. Paralegals today enjoy a wide range of employment opportunities. B. Opportunities are both in the private and the public sector. II. WHERE PARALEGALS WORK A. Law Firms 1. Traditionally, paralegals worked for law firms, and most paralegals continue to work in the law-firm environment. 2. Working for a Small Firm a. Small firms offer opportunities to gain experience in many different areas of the law, generally in a personal and informal environment. b. A paralegal will learn whether he or she enjoys working in one area of the law more than another so that he or she can then decide whether to specialize. c. Salaries tend to be lower than in larger firms. d. Less support staff is available for assistance. 3. Working for a Large Firm a. Large law firms are usually more formal, with responsibilities more limited and well-defined. b. There are generally greater opportunities for career advancement, higher salaries, and better benefits in the large law firm. c. There are more specialized duties and a lesser variety of tasks to be performed. B. Corporations and Other Business Organizations 1. Increasingly, paralegals are finding employment in corporate legal departments. 2. Most major corporations have an in-house legal staff to handle corporate legal affairs. 3. Advantages in a corporate legal environment include regular hours and less stress than in law firms. 4. Salaries may be higher than the salary offered by a private law firm. C. Government 1. A growing number of paralegals work for government agencies at the federal or state level. 2. Paralegals tend to specialize in one area of the law. 3. Administrative Agencies a. Most paralegals who work for the government work for administrative agencies, such as the Environmental Protection Agency or a state environmental resources department. b. Advantages to governmental work are regular working hours, good benefits, and less stress than in law firms. c. Salaries are on average lower than in traditional law firms or in the private sector. 4. Legislative Offices a. Paralegals are sometimes hired as staff members by federal and state legislators to assist with legal research and writing. 5. Law Enforcement Offices and Courts a. Public prosecutors and public defenders rely on paralegals to handle much of their legal work. b. Paralegals can also work in federal or state court administrative offices. 6. Legal Aid Offices a. Paralegals working in legal aid offices generally assume a wider range of responsibilities than in a more traditional setting. b. Salaries tend to be lower than in other areas of the law, but the work is very rewarding. 7. Freelance Paralegals a. These paralegals own their own business, which allows them greater flexibility. They perform specified legal work for attorneys on a contract basis. b. A freelance paralegal’s income is based upon his or her ability to promote and maintain the business. c. A freelance paralegal still must work under the supervision of an attorney. d. Freelance paralegals are not the same as legal technicians or independent paralegals. Independent paralegals do not work under the supervision of an attorney; they sell their services directly to the public. III. PARALEGAL SPECIALTIES A. Litigation Assistance—Litigation paralegals specialize in assisting attorneys in the litigation process. They may work primarily on behalf of plaintiffs or defendants, performing work such as client interviews, drafting documents, preparing exhibits, and assisting at trial. B. Corporate Law—Corporate law paralegals work in a corporation’s legal department or for a law firm specializing in corporate law. They draft articles of incorporation and corporate minutes and assist with corporate mergers. C. Personal-Injury Law—Personal-injury paralegals often work for law firms or for insurance companies in investigating claims. They perform work such as obtaining medical reports, employment data, witness statements, and police reports. D. Contract Law—Paralegals will prepare contracts and contract forms, review contracts to determine whether it has been broken, investigate to determine whether in fact the contract has been broken, and research contract law. E. Real Estate Law—Real estate paralegals work for small and large law firms, corporations, banks, title companies, or real estate agencies. They draft sale contracts, conduct title examinations, prepare deeds, and schedule and attend closings. F. Insurance Law—Paralegals in this area may review government regulations regarding insurance, monitor the firm’s compliance with the regulations, review insurance contracts, investigate insurance claims, or provide litigation assistance. G. Employment and Labor Law—Paralegals in this area work for law firms, corporations and other business entities, or government agencies. They usually specialize in one area, such as workers’ compensation, OSHA safety standards, or EEOC discrimination. H. Estate Planning and Probate Administration—Estate and probate paralegals usually work for law firms but may also work for banks or the probate court. They perform work such as drafting wills, locating heirs, and assisting in the probate process. I. Bankruptcy Law—Bankruptcy paralegals work for small and large law firms and for bankruptcy trustees. They may interview the debtor to verify the accuracy of the information provided, analyze the debtor’s income level, review creditors’ claims, prepare documentation for the court, arrange credit counseling, and attend bankruptcy proceedings. J. Intellectual Property Law—Patent, trademark, or copyright paralegals work mostly for large law firms or corporate legal departments. They perform work such as conducting research on prior patent or trademark protection, drafting contracts, and assisting in infringement litigation. K. Environmental Law—Employers of environmental paralegals include administrative agencies, large law firms, and corporations. An environmental paralegal obtains permits from environmental agencies, prepares documents relating to hazardous waste, and assists in litigation. L. Family Law—Employers of family law paralegals include large and small law firms, state and local agencies, and the family court. They research state child-custody laws, draft settlement agreements, prepare divorce documents, and assist in the divorce proceedings. M. Criminal Law—Criminal law is concerned with the wrongs committed against the public as a whole. In addition to investigating, summarizing witness statements, and helping prepare for litigation, paralegals who work for public prosecutors will draft search and arrest warrants. If a paralegal works in criminal defense, he or she may obtain police reports, conduct research, and draft documents relating to violations of criminal procedure. N. Additional Specialty Areas—An increasing number of paralegals are finding work in specialty areas of the law, such as elder law or immigration law or as a legal nurse consultant (LNC). IV. PARALEGAL COMPENSATION A. Compensation Surveys 1. Salaries and wage rates for paralegal employees vary substantially. 2. Factors affecting compensation include: a. Geographical location b. Firm size c. Years of experience working as a paralegal d. Area of practice e. Type of employer (law firm, corporation, or government agency) B. Job Benefits 1. Job benefits are an important component of compensation. 2. Benefits include sick leave, paid holidays, and insurance coverage. 3. When evaluating a job offer, consider the benefits you will receive and what these benefits are worth to you. C. Salaries versus Hourly Wages 1. Most paralegals are salaried; that is, they are paid a specified amount per year, regardless of the number of hours worked. 2. Other paralegals are paid an hourly wage rate for every hour worked. 3. How paralegals are compensated for overtime work usually depends on whether they are salaried or hourly wage employees. D. Federal Law and Overtime Pay 1. Overtime work of salaried employees may be compensated through year- end bonuses or in some other way, such as equivalent time off work, compensatory time. 2. Hourly employees receive overtime wages for all hours worked exceeding forty hours per week. 3. The Wage-Hour Law exempts “administrative,” “executive,” or “professional” employees from overtime pay. 4. Paralegals may be exempt if their duties are administrative or executive in nature. 5. There was a split of authority as to whether paralegals are “exempt” or “non- exempt” under the professional exemption. 6. As a result of the Page & Addison case, the issue of whether paralegals were exempt under the professional exemption was decided on the basis of the specific facts of a given case. 7. In 2004, the Department of Labor issued the FairPay Rule. Any worker who is paid less than $23,660 per year or $455 per week must be paid overtime wages. If an employer wants to exempt a paralegal using the administrative or executive classification, the paralegal must make more that $23,660 per year or $455 per week. 8. According to the FairPay Rule, paralegals are not “professionals” under the Fair Labor Standards Act. V. PLANNING YOUR CAREER A. Defining Your Long-Term Goals 1. Long-term goals are those that may take several years or a lifetime to attain. 2. Use personal reflection and self-assessment to define long-term goals as clearly as possible. 3. Recognize that at the outset of your career, you cannot know what opportunities might lie ahead. 4. Recognize also that long-term goals change over time as you gain more experience and your life circumstances change. B. Short-Term Goals and Job Realities 1. Short-term goals are the steps that you take to realize your long-term goals. 2. The realities of the job market may mean that you may not find the “right” job or “perfect” employer at the outset of your career. 3. Remember that you can gain valuable skills and experiences in any job environment. These skills and experiences will help to achieve long-term goals in the future. VI. LOCATING POTENTIAL EMPLOYERS A. Networking 1. Career opportunities often go unpublished. 2. Many paralegals learn of jobs through networking with other professionals. 3. Students should begin networking while still in school. 4. Join the professional associations for paralegals. This will help with networking efforts. 5. Network during Internships a. Cultivate connections while completing internship during paralegal training. B. Finding Available Jobs 1. Classified ads, trade journals, state and local bar association journals, and similar publications, and online publications are sources that list paralegal job openings. C. Identifying Possible Employers 1. You should begin as a student to compile a list of law firms and organizations that offer the benefits, salary, opportunities for advancement, work environment, and legal specialty of your choice. 2. The Yellow Pages is an excellent source of information for the names of attorneys, law firms, and other organizations that hire paralegals. 3. Legal directories, such as the Martindale-Hubbell Law Directory, can be another useful source. They list attorneys and corporate legal departments, their locations and telephone numbers, and their area of practice. D. Job-Placement Services 1. Most paralegal programs provide job-placement services to assist you in finding a job, preparing your résumé, and making a list of prospective employers. 685800915670Making Your Career Happen Entering the legal profession and locating a job involve the same skills necessary for studying: time, attention to detail, persistence, and common sense. Use your investigative and analytical skills to draft a cover letter, respond to interview questions, and follow up actions to obtain that perfect paralegal position. 00Making Your Career Happen Entering the legal profession and locating a job involve the same skills necessary for studying: time, attention to detail, persistence, and common sense. Use your investigative and analytical skills to draft a cover letter, respond to interview questions, and follow up actions to obtain that perfect paralegal position. 2. Contact a local paralegal organization or the county or state bar association to locate other placement services. Many of those organizations have their own placement services, which offer placement free of cost. VII. REEVALUATING YOUR CAREER A. Career Paths 1. Career goals change over time, as do job opportunities. 2. Paralegals who want to advance in their careers normally have the options of: a. Being promoted or transferred to another department within the firm b. Moving to another firm c. Going back to school for additional education 3. Larger firms may provide a career path, for example, moving from the entry- level position of legal-assistant clerk to the position of legal-assistant manager. B. Creating Opportunities 1. Advancing in your career can be accomplished by educating your employer so that you can take on other responsibilities. 2. Suggest a plan to your employer that shows how you can provide more complex legal services if many of your existing responsibilities are delegated to a new paralegal employee. 3. Acquire additional education to specialize, obtain an advanced degree such as a master’s in business administration (MBA), or attend law school C. Other Options 1. Apply for a position that has become available in a branch office of your firm. 2. Broaden your visibility both inside and outside the firm to make new contacts. 3. You can learn of new professional opportunities through active participation in paralegal professional organizations. VIII. APPENDIX: MARKETING YOUR SKILLS A. The Application Process 1. The Résumé a. Your résumé is a clear and concise summary of your employment and educational history. b. A résumé should include your name, address, telephone number, e-mail address, and fax number and should contain only information that is relevant to the job you are seeking. c. Do not include personal data in your résumé. d. Always carefully proofread your résumé before you send it out. 2. The Cover Letter a. A carefully written cover letter should accompany your résumé. PROOFREAD YOUR RÉSUMÉ AND COVER LETTER CAREFULLY. 3. List of Professional References a. Provide a list of three to five professional references. b. Never list a reference unless you have that person’s permission to do so. 4. Professional Portfolio a. You should prepare a portfolio that contains samples of your legal writing, transcripts, and so on. b. Sample documents should not contain any identifying references to clients. B. The Interview 1. Before the Interview a. Learn as much about the firm as possible. b. Questions should be anticipated and answers prepared in advance of the job interview. 2. At the Interview a. Interviewers use certain questions and formats, such as closed-ended questions, open-ended questions, hypothetical questions, and pressure questions, to elicit certain types of responses. b. Illegal questions need not be answered. 3. After the Interview a. After each interview, jot a few notes to refresh your memory in case you are called back for another interview. C. The Follow-Up/Thank-You Letter 1. After the interview, send a follow-up letter to the interviewer. 2. The letter should thank the interviewer for his or her time. 3. The letter should also reaffirm the applicant’s interest in the position. D. Job-Hunting Files 1. Keep copies of job-search letters and any responses to them in your files. 2. Keep lists or notes on addresses, telephone numbers, dates of contact, and advantages or disadvantages of employment with various firms. 3. These files will provide you with an excellent resource for networking even after you have a permanent position. E. Salary Negotiations 1. You should research the salaries of paralegals in similar job situations in your community before discussing salary with a prospective employer. 2. The best option in salary negotiations might be to state a salary range that is acceptable to you. 3. In addition to salary, remember that benefits and other factors are important to you.