Free Essay On Differences Between Military AND Civilian Paralegals

Paralegals, or legal assistants, perform essential tasks delegated to them by licensed attorneys that the attorneys would otherwise have to complete on their own. According to the National Association of Legal Assistants (NALA), legal assistants obtain the knowledge and expertise of the legal system that qualifies them to do work of a legal nature “through formal education, training, and experience” (NALA, 2015). Paralegals fill a vital role throughout both civilian and military law practices. However, there are some important distinctions both between the scope of responsibilities and formal education required that exist between the two classes of paralegals.
NALA is a professional organization formed in 1975 to increase the professional standing of legal assistants by establishing national standards of professional competence in order to provide uniformity (NALA 2015). While NALA represents over 18,000 legal assistants, the Bureau of Labor Statistics (BLS) estimates there were over 272,000 legal assistants in the U.S. as of May 2014 (BLS, 2015). Paralegals and legal assistants perform a variety of tasks in support of attorneys like conducting legal research, managing files, writing reports, and drafting legal documents. This frees up valuable time that attorneys can use doing more important things like meeting with clients, conducting depositions, mediation sessions, or preparing for hearings.
Paralegals and legal assistants often work in other settings besides law practices such as with financial institutions, insurance companies, real estate brokers, title companies, court offices, or other corporations. These organizations must carefully navigate through mountains of legal requirements and documentation that can cost them a great deal of money if done incorrectly. In this sense, competent paralegals and legal assistances can be an indispensable part of an organization at a fraction of the cost of a licensed attorney.
Most civilian paralegals and legal assistants hold at least an associate’s degree or have completed a certificate program in paralegal studies. While there are no standard requirements or mandatory certification required for paralegals and legal assistants, the American Bar Association (ABA) approves all educational programs. NALA offers voluntary certification for those who wish to do so and improve their marketability (NALA, 2015). The ABA requires that at least ten semester hours of coursework must be completed in a traditional classroom setting, so programs that offer an entirely online degree are not ABA-approved. In fact, only about 25% of associate and bachelor’s degree programs are ABA-approved (Study.com, 2016).
Certificate programs are the quickest way to becoming a paralegal or legal assistant. This option is generally only open to those who already hold an associate’s or bachelor’s degree in another area. These programs do not include general education courses that would be redundant for those with degrees. Instead, certificate programs focus only on covering information essential to paralegal work such as “law and ethics, legal research, legal writing, business law, family law, intellectual property, and personal injury” (Study.com, 2016).
Paralegal specialists are paralegals or legal assistants that work for the federal government, usually within the U.S. military. While their roles are generally similar to those of civilian paralegals and legal assistants, there are some important differences in their responsibilities and education requirements. For instance, paralegal specialists are required to also be familiar with military and international law in addition to civilian law. They may be called upon to interview witnesses, provide support to unit commanders and judges, and assume more of an active role in the legal process than their civilian counterparts (ParalegalEDU.org, 2015). Generally this more active role entails things like providing services for family law like drawing up wills, powers of attorney, and separation decrees (ParalegalEDU.org, 2015).
Paralegal specialists in the military are not required to hold a college degree or complete a certificate program like their civilian counterparts. They cannot however have any criminal record aside from minor traffic offenses and must complete basic combat training. The education program for paralegal specialists is a 10-week school called Advanced Individual Training (AIT). This program focuses on the Uniform Code of Military Justice (UCMJ), a much different system than civilian law. One of these major differences is familiarity with nonjudicial punishment (NJP) proceedings.
NJP are imposed when service members are accused of commiting minor violations of the UCMJ. Several terms are used for NJP proceedings in different branches of the military. The Army uses the term “Article 15,” the Navy and Marines call it “Captain’s Mast,” and the Air Force calls the procedure “Office Hours” (Karns, 2016). NJP proceedings are much different from civilian law procedures because unit commanders act as judge, jury, and executioner. Although the accused have the right to present their side of the case and retain counsel, ultimately it is up to their commander to determine guilt and mete out punishment, which they can choose to suspend based on mitigating circumstances (Karns, 2016). Should they choose to turn down NJP, service members have the right to demand a court-martial trial, another legal process different from anything in civilian law.
Paralegal specialists in the military must understand a complex legal system distinctly different from civilian paralegals and legal assistants. In many ways, paralegal specialists play a much more active role in legal proceedings than their civilian counterparts, especially in relation to family law. They are also able to obtain training and experience on the job, whereas civilians are expected to possess formal degrees or certificates in a competitive environment. However, the fundamental role paralegals play is virtually the same in the military and civilian worlds.

References

Bureau of Labor Statistics (BLS). (2015). Occupational Outlook Handbook: Paralegals and Legal Assistants. Retrieved from http://www.bls.gov/ooh/legal/paralegals-and-legal-assistants.htm
Karns, S. P. (2016). Non-Judicial Punishment/Article 15/Captain’s Mast. Retrieved from http://www.usmilitarylawyer.com/military-non-judicial-punishment-article-15.asp
National Association of Legal Assistants (NALA). (2015). Definitions of “Paralegal.” Retrieved from http://www.nala.org/terms.aspx
ParalegalEDU.org. (2014). What is a Paralegal? Retrieved from http://www.paralegaledu.org/paralegal-specialist/
Study.com. (2016). Paralegal Education Requirements and Career Info. Retrieved from http://study.com/paralegal.html