Introduction to Paralegalism (9th Edition) – Solutions Manual
Answers to Review Questions | Complete Step-by-Step Solutions
Based on:
Introduction to Paralegalism: Perspectives, Problems and Skills
(9th Edition)
William P. Statsky
ISBN: 9780357933411
Ideal for:
Exam Preparation • Assignments • Practice & Revision
TABLE OF CONTENTS
Chapter 1. Introduction to the Paralegal Career
Chapter 2. Paralegal Employment
Chapter 3. On-the-Job Realities: The Legal Environment
Chapter 4. The Regulation of Paralegals
Chapter 5. Introduction to Law Office Administration
,Chapter 6. Attorney Ethics and Paralegal Ethics
Chapter 7. Introduction to the Legal System
Chapter 8. Introduction to Legal Analysis
Chapter 9. Legal Research
Chapter 10. Legal Writing
Chapter 11. Computers and Technology in a Law Office
Chapter 12. Legal Interviewing
Chapter 13. Investigation in a Law Office
Chapter 14. Litigation Support: The Role of the Paralegal
Chapter 15. Informal and Formal Administrative Advocacy
CHAPTER NO. 01. INTRODUCTION TO THE PARALEGAL CAREER
• Review Questions
• Assignments
REVIEW QUESTIONS
1. Where do most paralegals work and why?
Answer: Most paralegals work for private law firms, corporate legal departments, or government
agencies. The key reason is economics - paralegals allow law offices to be more profitable by performing
substantive legal tasks at lower cost than attorneys.
2. What are the major organizations in the development of paralegalism? What is certification and which
national paralegal associations have certification exams?
Answer: The major organizations are:
- National Federation of Paralegal Associations (NFPA)
- National Association of Legal Assistants (NALA)
- NALS, the Association for Legal Professionals (NALS)
- American Bar Association Standing Committee on Paralegals (SCOP)
Certification is the process by which a nongovernmental organization grants recognition to a person who
has met the qualifications set by that organization. NFPA, NALA, and NALS all have voluntary
certification exams.
3. How have state bar associations affected the development of paralegalism?
Answer: State bar associations have issued guidelines on proper use of paralegals by attorneys and
applied state ethics codes to attorneys' use of paralegals. Some of these associations allow paralegals to
become associate or affiliate members. This has given greater visibility to the paralegal profession.
4. What is the distinction between traditional paralegals and paralegals who are independent contractors?
Answer: Traditional paralegals are employees of attorneys. Independent contractor paralegals sell their
services to attorneys or are authorized to provide limited services directly to the public without attorney
supervision.
,5. What are some of the major titles that employers use for traditional paralegals?
(a) What are some of the major titles that employers use for entry-level paralegals?
(b) What are some of the major titles that employers use for supervisory paralegals?
(c) What are some of the duties of a paralegal coordinator or manager?
Answer: Major traditional paralegal titles include: paralegal, legal assistant, case handler, legal analyst,
etc.
a) Entry-level titles include: assistant paralegal, case clerk, paralegal clerk, etc.
b) Supervisory titles include: paralegal coordinator, paralegal manager, director of paralegal services, etc.
c) Paralegal managers recruit, train, and supervise paralegals and coordinate assignments.
6. Distinguish between a generic and a specific title of a paralegal.
(a) What is an e-discovery paralegal, compliance paralegal, conflicts specialist, nurse paralegal, and legal
nurse consultant?
(b) What is a transactional paralegal?
Answer: Generic titles don’t indicate the paralegal’s specialty (e.g., paralegal). Specific titles do (e.g.,
litigation paralegal, corporate paralegal).
a) E-discovery paralegals help identify digital information for discovery. Compliance paralegals ensure
regulatory compliance. Conflicts specialists check for conflicts of interest. Nurse paralegals/legal nurse
consultants use medical expertise to assist attorneys.
b) Transactional paralegals assist with contracts, business deals, estate plans etc., and non-litigation work.
7. What is the unauthorized practice of law?
Answer: Unauthorized practice of law (UPL) is using legal skills to help resolve someone's legal problem
without a license to practice law, or a nonattorney performing tasks requiring attorney supervision.
8. What is the definition of a paralegal?
(a) What entities or organizations have adopted definitions of a paralegal, and which definitions are the
most significant?
(b) What three characteristics are common to most definitions of a paralegal?
Answer: A paralegal is a person who performs substantive legal tasks under attorney supervision that the
attorney would otherwise have to perform.
a) Definitions have been adopted by the ABA, state/local bar associations, paralegal associations,
legislatures, and courts. The most important are those by legislatures and courts.
b) The three common characteristics are: legal skills acquired through education/experience, works under
attorney supervision, performs substantive legal work the attorney would otherwise do.
9. What are the two ways that paralegals acquire legal skills?
Answer: The two ways are: formal education/training programs and on-the-job training.
, 10. Distinguish fees (attorney and paralegal), court costs, special expenses, and operating expenses.
Distinguish between an hourly fee and a contingent fee.
Answer: Attorney fees and paralegal fees are payments for their services. Court costs are fees paid to the
court for litigation. Special expenses are charges unique to a particular client's case. Operating expenses
are general overhead costs. Hourly fees are paid regardless of outcome. Contingent fees are only paid if
the case is won.
11. What is the document called that specifies the payments a client will make to a law office? What are
the two types of fee arrangements between a client and lawyer?
Answer: It is called an engagement letter or attorney-client fee agreement. The two main fee
arrangements are hourly fees and contingent fees.
12. What is a statutory-fee case?
(a) What tasks performed by a paralegal can and cannot be the basis of fees in a statutory-fee case?
(b) When a party loses a statutory-fee case, what kinds of challenges does the party sometimes make
against the request for fees by the winning side?
Answer: A statutory-fee case is one where a statute allows the judge to order the losing party to pay the
winning party's attorney and paralegal fees.
a) Paralegal fees can be awarded for substantive legal work but not for clerical tasks.
b) The losing party may challenge that some attorney tasks should have been delegated to a paralegal, or
some paralegal tasks were actually clerical.
13. What was decided in Missouri v. Jenkins?
(a) Why is this a landmark case?
(b) Based on Missouri v. Jenkins, provide examples of a paralegal’s billable and nonbillable tasks.
Answer: Missouri v. Jenkins decided that in statutory-fee cases, paralegal fees should be awarded at
market rates rather than the actual cost to the firm.
a) It was a landmark case because most federal and state courts have followed its reasoning.
b) Billable tasks include factual investigation, drafting documents, attending hearings. Nonbillable tasks
are clerical or secretarial.
14. What factors determine paralegal salaries?
Answer: Factors include experience, skills, responsibility level, employer type, geographic area, meeting
billable hour expectations, the employer's understanding of paralegal roles, and the paralegal's career
commitment.
15. Name four major factors that have been instrumental in the emergence of paralegalism to its present
state of prominence.
Answer: The four major factors are:
Answers to Review Questions | Complete Step-by-Step Solutions
Based on:
Introduction to Paralegalism: Perspectives, Problems and Skills
(9th Edition)
William P. Statsky
ISBN: 9780357933411
Ideal for:
Exam Preparation • Assignments • Practice & Revision
TABLE OF CONTENTS
Chapter 1. Introduction to the Paralegal Career
Chapter 2. Paralegal Employment
Chapter 3. On-the-Job Realities: The Legal Environment
Chapter 4. The Regulation of Paralegals
Chapter 5. Introduction to Law Office Administration
,Chapter 6. Attorney Ethics and Paralegal Ethics
Chapter 7. Introduction to the Legal System
Chapter 8. Introduction to Legal Analysis
Chapter 9. Legal Research
Chapter 10. Legal Writing
Chapter 11. Computers and Technology in a Law Office
Chapter 12. Legal Interviewing
Chapter 13. Investigation in a Law Office
Chapter 14. Litigation Support: The Role of the Paralegal
Chapter 15. Informal and Formal Administrative Advocacy
CHAPTER NO. 01. INTRODUCTION TO THE PARALEGAL CAREER
• Review Questions
• Assignments
REVIEW QUESTIONS
1. Where do most paralegals work and why?
Answer: Most paralegals work for private law firms, corporate legal departments, or government
agencies. The key reason is economics - paralegals allow law offices to be more profitable by performing
substantive legal tasks at lower cost than attorneys.
2. What are the major organizations in the development of paralegalism? What is certification and which
national paralegal associations have certification exams?
Answer: The major organizations are:
- National Federation of Paralegal Associations (NFPA)
- National Association of Legal Assistants (NALA)
- NALS, the Association for Legal Professionals (NALS)
- American Bar Association Standing Committee on Paralegals (SCOP)
Certification is the process by which a nongovernmental organization grants recognition to a person who
has met the qualifications set by that organization. NFPA, NALA, and NALS all have voluntary
certification exams.
3. How have state bar associations affected the development of paralegalism?
Answer: State bar associations have issued guidelines on proper use of paralegals by attorneys and
applied state ethics codes to attorneys' use of paralegals. Some of these associations allow paralegals to
become associate or affiliate members. This has given greater visibility to the paralegal profession.
4. What is the distinction between traditional paralegals and paralegals who are independent contractors?
Answer: Traditional paralegals are employees of attorneys. Independent contractor paralegals sell their
services to attorneys or are authorized to provide limited services directly to the public without attorney
supervision.
,5. What are some of the major titles that employers use for traditional paralegals?
(a) What are some of the major titles that employers use for entry-level paralegals?
(b) What are some of the major titles that employers use for supervisory paralegals?
(c) What are some of the duties of a paralegal coordinator or manager?
Answer: Major traditional paralegal titles include: paralegal, legal assistant, case handler, legal analyst,
etc.
a) Entry-level titles include: assistant paralegal, case clerk, paralegal clerk, etc.
b) Supervisory titles include: paralegal coordinator, paralegal manager, director of paralegal services, etc.
c) Paralegal managers recruit, train, and supervise paralegals and coordinate assignments.
6. Distinguish between a generic and a specific title of a paralegal.
(a) What is an e-discovery paralegal, compliance paralegal, conflicts specialist, nurse paralegal, and legal
nurse consultant?
(b) What is a transactional paralegal?
Answer: Generic titles don’t indicate the paralegal’s specialty (e.g., paralegal). Specific titles do (e.g.,
litigation paralegal, corporate paralegal).
a) E-discovery paralegals help identify digital information for discovery. Compliance paralegals ensure
regulatory compliance. Conflicts specialists check for conflicts of interest. Nurse paralegals/legal nurse
consultants use medical expertise to assist attorneys.
b) Transactional paralegals assist with contracts, business deals, estate plans etc., and non-litigation work.
7. What is the unauthorized practice of law?
Answer: Unauthorized practice of law (UPL) is using legal skills to help resolve someone's legal problem
without a license to practice law, or a nonattorney performing tasks requiring attorney supervision.
8. What is the definition of a paralegal?
(a) What entities or organizations have adopted definitions of a paralegal, and which definitions are the
most significant?
(b) What three characteristics are common to most definitions of a paralegal?
Answer: A paralegal is a person who performs substantive legal tasks under attorney supervision that the
attorney would otherwise have to perform.
a) Definitions have been adopted by the ABA, state/local bar associations, paralegal associations,
legislatures, and courts. The most important are those by legislatures and courts.
b) The three common characteristics are: legal skills acquired through education/experience, works under
attorney supervision, performs substantive legal work the attorney would otherwise do.
9. What are the two ways that paralegals acquire legal skills?
Answer: The two ways are: formal education/training programs and on-the-job training.
, 10. Distinguish fees (attorney and paralegal), court costs, special expenses, and operating expenses.
Distinguish between an hourly fee and a contingent fee.
Answer: Attorney fees and paralegal fees are payments for their services. Court costs are fees paid to the
court for litigation. Special expenses are charges unique to a particular client's case. Operating expenses
are general overhead costs. Hourly fees are paid regardless of outcome. Contingent fees are only paid if
the case is won.
11. What is the document called that specifies the payments a client will make to a law office? What are
the two types of fee arrangements between a client and lawyer?
Answer: It is called an engagement letter or attorney-client fee agreement. The two main fee
arrangements are hourly fees and contingent fees.
12. What is a statutory-fee case?
(a) What tasks performed by a paralegal can and cannot be the basis of fees in a statutory-fee case?
(b) When a party loses a statutory-fee case, what kinds of challenges does the party sometimes make
against the request for fees by the winning side?
Answer: A statutory-fee case is one where a statute allows the judge to order the losing party to pay the
winning party's attorney and paralegal fees.
a) Paralegal fees can be awarded for substantive legal work but not for clerical tasks.
b) The losing party may challenge that some attorney tasks should have been delegated to a paralegal, or
some paralegal tasks were actually clerical.
13. What was decided in Missouri v. Jenkins?
(a) Why is this a landmark case?
(b) Based on Missouri v. Jenkins, provide examples of a paralegal’s billable and nonbillable tasks.
Answer: Missouri v. Jenkins decided that in statutory-fee cases, paralegal fees should be awarded at
market rates rather than the actual cost to the firm.
a) It was a landmark case because most federal and state courts have followed its reasoning.
b) Billable tasks include factual investigation, drafting documents, attending hearings. Nonbillable tasks
are clerical or secretarial.
14. What factors determine paralegal salaries?
Answer: Factors include experience, skills, responsibility level, employer type, geographic area, meeting
billable hour expectations, the employer's understanding of paralegal roles, and the paralegal's career
commitment.
15. Name four major factors that have been instrumental in the emergence of paralegalism to its present
state of prominence.
Answer: The four major factors are:
