The Empowered Paralegal

Professionalism is more than dressing well and a profession is more than a group of people engaged in the same career. This book takes a comprehensive approach to paralegal professionalism and the paralegal professional, discussing topics such as establishing a professional identity, regulation, certification and licensing, paralegal associations, paralegals from the perspective of the courts, paralegal utilization, paralegal professionalism, paralegal practice outside the United States, and paralegal education. "This important book addresses issues that either are or should be at the forefront of every discussion of the paralegal professional today. Paralegals are beginning to acknowledge the heights they have attained, but they have lacked a major scholarly treatise that has examined the profession in a systematic and insightful way. This book provides that scholarly examination. Beginning with a thoughtful overview of professional identity and all its elements, the book then goes on to examine each element of that identity -- education, regulation, professional ethics and the attorney/paralegal relationship, and utilization -- in academic detail. This framework echoes the issues that define the profession as a whole today. Thus, it is likely that this book will provide the intellectual framework for the discussions that will take place throughout the professional sphere." -- Toni Marsh, Esquire, Director, George Washington University Paralegal Studies Programs "This anthology delivers on the title's promise: it is a thought-provoking compilation of issues facing paralegals today and a challenge to individual paralegals to embody professionalism as the profession itself grows and develops." -- Kristine M. Hill, ACP, FRP, Advanced Certified Paralegal, Pensacola, Florida "The Empowered Paralegal Professional Anthology approaches the inherent questions posed to the modern day paralegal in terms of where we have been, who we are, and where we go from here. There is such a diverse background, with regard to education and preparation, in the field that it is refreshing to see a guide that incorporates a historical context, as well as future goals of the profession. It is so very important to understand the value of personal identity in terms of professionalism and ethics, which is crucial, or should I say integral, to how the legal community and the general public view the paralegal or legal assistant. I would highly recommend this book to all presently in the paralegal profession, as well as those interested in pursuing a paralegal career." -- Toylaine Hayman Spencer, Environmental Paralegal, Houston, Texas

Elder law is a dual-natured creature and in many ways is quite unlike any other area of law. Substantively the law is law - statutes, cases, rules, and regulations - all of which must be researched, analyzed, understood and applied. Unlike any other type of law, however, elder law is not about something a client is going through, such as a divorce, bankruptcy, a real estate transaction, or even a criminal charge. Elder law is about whom and what the client is - an elderly person. The Empowered Paralegal: Working with the Elder Client enhances understanding of elder law clients, the laws applicable to them, and the issues they face. The Empowered Paralegal: Working with the Elder Client examines the many influences on elder clients and their families, the deeply personal perspectives which result from those influences, and how they affect the decisions elder law clients make. It focuses on awareness and understanding of the elder client, explaining in clear language the dual nature of the elder client, the physical and psychological changes that occur as we age, and the practicalities of accommodating these changes when working with elderly clients. It also examines: Issues surrounding competency, as well as the need for and methods of documenting competency in the file. Dealing with the client's family, including conflicts of interests, confidentiality and undue influence. Perspectives, many culturally or religiously based, on aging, death, and dying. Intestacy, estate planning basics, and the use of basic estate planning tools to meet client goals. Advanced directives and other means of planning for end-of-life decisions. Social Security, SSI, Medicare, Medicaid and other public benefit programs and laws directly affecting the elderly. Elder abuse and the conflicts that may arise between the attorney/client privilege and mandatory reporting statues. Ethical dilemmas faced by the professionals who work with the elderly. The Teacher's Manual is available electronically on a CD or via email. (Blackboard-compatible files available upon request.) Please contact Beth Hall at [email protected] to request a copy. "Mongue's book does not cover the ho and the hum of regular 'how-to' paralegal books. In fact, what he covers should be taught in every school regardless of specialty, profession or even age. Here, Mongue deals with our feelings about aging and the myths, stereotypes, cultural prejudices and extrapolations to the general population based upon personal experience. He draws you in as he explains behavior and the aging process and teaches you how to react as a result. As it turns out, much of what we think about the elderly is wrong, wrong, wrong." -- Chere Estrin, Editor-in-Chief of KNOW, The Magazine for Paralegals and SUE, For Women in Litigation; Chairperson of the Board, The Organization of Legal Professionals (OLP) "[A]n insightful guide that any legal professional who works with an older population will find extremely useful. Mongue brings his extensive expertise both as a practicing lawyer and a paralegal instructor to the table, and illustrates his points with interesting examples. He discusses the complexities of the law in regard to aging in a clear, direct style that readers of all experience levels will appreciate. This book is a must-read and a valuable desk reference for anyone who interacts with elder clients." -- Lynne J. DeVenny, Co-Author of Workers' Compensation Practice for Paralegals and blogger at Practical Paralegalism

This handbook is designed to be a great resource for any course in civil litigation, as well as an excellent desk reference for paralegals. Part I guides the reader through the concept of a cause of action and the role the cause of action elements play in the entire litigation process. Part II provides an easy reference to common causes of action, doctrines, and defenses, with explanations of concepts such as "scope of duty" and "foreseeability," and a sample case synopsis for each topic. The Empowered Paralegal Cause of Action Handbook provides a thorough examination of the nature of causes of action and their role in the legal process and concisely illustrates their effective utilization to achieve a successful outcome. This book explains key concepts without getting mired in "legalese" and provides a clear roadmap for navigating a case from start to finish, with particular emphasis on effective planning, legal research, investigation, and a well-prepared trial notebook. The comprehensive overview of common causes of action, defenses, and legal doctrines is especially helpful and provides a readily accessible reference tool, which I predict practitioners will turn to time and again. I highly recommend this book to novice and experienced paralegals alike, as it will empower them to be more effective members of the legal team and contribute to its success. --Elona M. Jouben, MPS, Paralegal and Mentor, Washington, DC I only wish this had been available when I had to take my Civil Litigation course. The content is well-written, easy to understand, and I love the charts that help portray certain processes in visual form. --Denise Anderson, Paralegal, Minneapolis, MN I was blown away by the level of content and the simplistic way in which you present it. It explains the various parts of litigation (which is rather complex in nature) and then walked the reader through sample cases to get them to really understand, analyze, and think it through - an excellent job covering a complex topic and making it manageable for the reader. --Jamie Collins, Founder of The Paralegal Society, Savvy Litigation Paralegal, Legal Columnist & Inspired Writer

The United Nations estimates that four billion people worldwide live outside the protection of the law. These people can be driven from their land, intimidated by violence, and excluded from society. This book is about community paralegals - sometimes called barefoot lawyers - who demystify law and empower people to advocate for themselves. These paralegals date back to 1950s South Africa and are active today in many countries, but their role has largely been ignored by researchers. Community Paralegals and the Pursuit of Justice is the first book on the subject. Focusing on paralegal movements in six countries, Vivek Maru, Varun Gauri, and their coauthors have collected rich, vivid stories of paralegals helping people to take on injustice, from domestic violence to unlawful mining to denial of wages. From these stories emerges evidence of what works and how. The insights in the book will be of immense value in the global fight for universal justice. This title is also available as Open Access.

Observation, reflection, procedure, and how-to from a veteran legal assistant.

Your career as a top-notch paralegal starts here The demand for paralegal professionals is exploding, and Paralegal Career For Dummies, 2nd Edition explains the skills and requirements needed to pursue this rewarding career. Inside, you’ll discover the ins and outs of paralegal skills, from preparing documents and performing legal research to obtaining certification, job hunting, and understanding legal concepts. Use this hands-on guide to help in your career considerations, bolster your paralegal training, or as an everyday on-the-job reference. Paralegal Career For Dummies will be your trusty assistant through all phases of your life as a paralegal, taking you forward with tips on networking and joining professional organizations that will enhance your career. Discover the job skills required for success as a paralegal Learn important legal concepts you’ll need on the job Access forms, templates, and examples on the companion website Develop strategies to manage time and advance your career Complete with a companion website containing a wealth of valuable information, this book covers everything you need to become a top-notch paralegal.

The Professional Paralegal presents a comprehensive and pragmatic overview of today s legal system and the diverse role of the contemporary paralegal. The innovative use of profiles and experiences of professional paralegals woven throughout the text provide personal and motivating insight while introducing practical tools, substantive issues, and the all-important consideration of ethics. This textbook presents information in a manner easily accessed by students and offers many opportunities for discussion, research, and review. Key Features: Offers a down-to-earth approach to the law, the legal profession, and the paralegal s important role in the delivery of legal services. Blends both legal theory and practice together and updates important changes in the law and new approaches to legal practice in a variety of settings. Offers solid guidance on seeking legal employment and working well within the law office. For future paralegals working in private practice, government offices, or even as freelance professionals, this new edition also offers a fresh perspective on issues such as the unauthorized practice of law (UPL) and other issues unique to the professional paralegal.

Bridging the gap between the classroom and the real world, A Practical Introduction to Paralegal Studies offers a thorough exploration of the entire paralegal profession. In a logical three-part organization, experienced author Deborah Bouchoux covers the fundamentals of the paralegal profession and the American legal system, along with the paralegal skills essential for success in the workplace. This engaging and well-written text provides the pragmatic and realistic information students need to hit the ground running. New to the Third Edition: All new Case Illustrations, Discussion Questions, and Internet Closing Arguments. New forms provided throughout the text. Up-to-date information on trends in regulation of the paralegal profession, including overview of innovative limited licensing programs in Washington and Utah as well as other proposals to close the access-to-justice gap. Updated coverage of ethics, including new trends such as alternative business structures, and cutting-edge developments such as nonlawyer ownership of law firms, litigation financing, use of social media, and whether internet-accessible advice and forms constitute the unauthorized practice of law. New developments in computer-assisted legal research, including the use of artificial intelligence and using free tools such as Google Scholar, GovInfo, Congress.gov, and CourtListener to access American law are discussed in Chapter 5. Significantly expanded section on e-discovery in Chapter 8, including a sample privilege log. New section in Chapter 11 on current disruptions to legal services, including alternative legal service providers and other trends. New tips and approaches to getting a job, setting “SMART” goals, handling tricky interview questions, and future-proofing your career, as well as an expanded discussion of soft skills needed to succeed on the job in Chapters 10 and 12. Professors and students will benefit from: Topical coverage that closely adheres to the nature of paralegal work Pedagogical devices that enhance learning, such as chapter overviews, key terms, marginal definitions, website references, case illustrations, practice tips, and chapter summaries Research exercises and Internet-based exercises in each chapter that mirror those performed by the working paralegal Charts, graphs, sample forms, and other aids to enhance learning

The Everything Guide to Being a Paralegal is the ideal handbook for new paralegals, professionals looking to further or reevaluate their careers, or those considering the profession. Tackling the concerns of real law professionals, chapters include: Paralegal Career Options Paralegal Ethics and Professional Responsibility Pre-Trial Preparation Individual chapter attention to the top types of law practice More and more people are opting for a career as a paralegal-and this book is their pathway to success in this growing field!