Paralegal vs Lawyer: What Paralegals Can (and Cannot) Legally Do
A paralegal is a valuable member of a legal team, but the line between supervised legal support work and unauthorised practice of law is clearly drawn. Here is exactly where that line falls.
What Is a Paralegal?
A paralegal (also called a legal assistant in some contexts) is a trained legal professional who assists attorneys in the preparation and management of legal work. Paralegals are not licensed to practise law. They work under the supervision of a licensed attorney, who takes professional responsibility for the work product.
Credentials vary widely. Some paralegals hold only an associate degree in paralegal studies. Others have bachelor's degrees with paralegal certificates. A minority hold law degrees (JDs) without bar admission and work in paralegal or legal analyst roles. National certification bodies -- the National Association of Legal Assistants (NALA) offering the Certified Paralegal (CP) credential, and the National Federation of Paralegal Associations (NFPA) offering the Registered Paralegal (RP) -- provide voluntary professional certification. ABA approval of paralegal education programmes signals quality but is also voluntary.
The Bureau of Labor Statistics (BLS) reports approximately 370,000 paralegal and legal assistant jobs in the US. Median annual salary is approximately $62,000 (BLS, 2024), with significant variation by firm size, geography, and specialisation.
What Paralegals Can Do
Permitted (under attorney supervision)
- Draft legal documents (contracts, pleadings, briefs)
- Conduct legal research
- Organise discovery documents
- Manage case files and deadlines
- Interview clients for factual information
- Prepare for depositions (logistics, exhibits)
- File court documents (ministerial filing, not legal strategy)
- Perform due diligence in transactions
- Communicate factual updates to clients
- Manage e-discovery platforms
Prohibited (UPL)
- Give legal advice (strategy, rights, remedies)
- Represent clients in court
- Sign court filings as counsel of record
- Set fees or enter engagement letters independently
- Accept or manage client funds in trust
- Make strategic legal decisions for clients
- Negotiate settlements as legal representative
- Appear before courts independently
Paralegal vs Legal Assistant vs Legal Secretary
| Title | Typical Responsibilities | Typical Credentials |
|---|---|---|
| Paralegal | Substantive legal work: research, drafting, discovery management. Close to attorney-level tasks (within UPL limits). | AAS in Paralegal Studies, BA + certificate, or JD without bar |
| Legal Assistant | Overlap with paralegal; often used interchangeably. Some firms use it for slightly less substantive roles. | Certificate or AAS; varies |
| Legal Secretary | Administrative: scheduling, correspondence, filing, billing support. Less substantive legal work than paralegal. | Office administration background; legal certificate helpful but not always required |
Freelance Paralegals, Document Preparers, and Notarios
Independent or freelance paralegals work either as contractors for law firms (assisting attorneys on specific matters) or, controversially, as document preparers serving the public directly. Arizona has a formal "Legal Document Preparer" (LDP) licensing programme allowing non-attorneys to prepare documents for clients under defined conditions and with specific disclaimers. This is a narrow exception; most states do not have an equivalent.
A serious consumer protection problem exists in Florida, Texas, and California where individuals operating as "notarios" or "immigration consultants" falsely imply they have legal authority to advise on immigration matters. Unlike in civil-law countries where a notario (notary) is a legally trained professional, US notaries public have no legal training and no authority to give legal advice. The FBI and state bars actively pursue notario fraud cases. If you need immigration assistance, verify bar admission at your state bar website before paying anyone for legal services. See how to find a lawyer for verification steps.