Paralegals, Lawyers, Attorneys- all of them are people who deal with legal procedures at different stages of the patent prosecution process. They hold deep and minute technical differences on the basis of their professional role, experience, the way of work, etc. It is also stated in an International Legal Magazine that they are often misunderstood and used interchangeably by some professionals. Well! That clearly states the need to differentiate them. In this article, we will cover every aspect of the difference between the three most common yet misunderstood terms of the legal industry.
Let’s consider an IP Paralegal to be subordinate under an Attorney. In more generic terms, Paralegals are people who hold knowledge of the law and serves as assistant to Attorneys. They can prepare briefing notes, highlight case decisions, prior precedents, case documentation, transcribe depositions and statements. They can also attend court proceedings.
To understand their work, let us consider the following examples :
- Provide help to clients in purchasing land and selling finished properties
- Provide help to clients in registering and defending trademarks
- Prosecute people who have been cruel to animals as part of the RSPCA prosecutions team
- Give immigration law guidance to clients while working for a paralegal law firm
- Advise people on employment/housing issues
Paralegals Vs Attorneys
Paralegals and Attorneys hold strong points of distinction in terms of education and licensing. It is compulsory for Attorneys to hold a graduation degree from a law school. They also need to pass background screening and the bar exam held by the practicing state. After meeting all these requirements, the aspirants are sworn in as an Attorney. He/she needs to pay an annual fee to maintain the license. The Attorney thus becomes eligible for representing clients in all legal proceedings. Also, he can advise his clients for legal issues and perform independent activities with the law.
Paralegals do not require a certification or a degree depending upon the laws of the state. In maximum cases, Paralegals are hired by Attorneys to help them out in legal aspects. They are mostly absorbed by Attorneys to perform research, create legal drafts, schedule meetings with clients. Also, they don’t have a license. Thus they cannot advise or represent clients for legal proceedings. They cannot produce legal documents even under an Attorney’s approval.
Lawyers Vs Attorneys
A lawyer is a professional who holds records of his knowledge through his attained law degrees. An attorney is a person who has been licensed to practice law and represent clients. There are government rules to distinguish these two profiles from each other. The person holding a license by the bar association will be referred to as ‘Attorneys’. A person holding legal knowledge along with supporting college degrees are termed as ‘Lawyers’.
In the U.S., J.D. (Juris Doctor) will be added to the names of those who attended law school but do not actively practice in legal affairs. While those holding license can call them Attorneys, with permission to add “Esq.” or “esquire” title to their names.
Paralegals Vs Lawyers
Paralegals and Lawyers are similar in most of their duties towards the Law. But they also hold a clear point of distinction. Both of them are responsible for doing research and preparing legal documents. Lawyers are thus superior from Paralegals both in terms of education and field work So lawyers stand in the front to address the judge, jury or witnesses. Whereas, Paralegals mostly do the preparation works. These involve client meetings, reports making under the senior’s supervision (lawyer or an attorney). Also, only lawyers can set fees, provide legal advice, and sign legal documents.
Lawyers handle more complex matters such as murder trials, celebrity divorces etc. For a simple process, Paralegals are assigned to handle them totally. The Lawyers guide the Paralegals for an easy process.
Paralegals, Lawyers, and Attorneys are all different in terms of their work profile, experience, education. Yet individually they constitute an important sector of our Legal industry.
Why choose us?
We, at Patent Drafting Catalyst, hold a fully-functional and dynamic team of paralegal professionals. Our services include proofreading, docketing, end-to-end IDS management, document drafting, data verification. We are providing quality-oriented services for the past 8 years in the IP industry.
To know more about us, please visit our service page.
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