Paralegal Legal Services in New York

There’s a growing demand for paralegals in New York – and it’s time to consider becoming one. You’ll enjoy many benefits, including good salaries and career growth opportunities.

Paralegals are vital members of legal teams across diverse industries, too. Their ability to handle legal tasks and, thus, make work easier for lawyers is part of it. Their work also improves efficiency and productivity in their workplaces.

But before you can perform paralegal duties in New York, you must be aware of certain things. For starters, you must understand state-specific laws and ethics that govern paralegal work. Otherwise, you can be at risk of unauthorized practice of law (UPL), among others.

So, if you’re wondering what legal services can a paralegal do in New York, read on. We’ll clarify what paralegals can and cannot do in the Empire State.

Related:

Definition of a Paralegal in New York

First off, every paralegal job description in New York differs based on many factors. These include the type of company and its services, and the paralegal’s position.

For example, a paralegal in a small law firm may perform all the legal tasks. But a paralegal in a large law firm may focus on one responsibility only.

But the New York State Bar Association (NYSBA) has a clear definition of the term “paralegal”. In its definition, a paralegal is a person who:

Possesses the required education, training, or work experience to become one
Performs substantive legal work under the direct supervision of a licensed lawyer

Emphasis must be made that paralegals aren’t authorized to practice law. Instead, their primary work involves providing legal support services to licensed attorneys.

Also, paralegals aren’t the same as legal assistants and legal document preparers.

	Paralegal	Legal Assistant	Legal Document Preparer
Primary Responsibility	Performs substantive legal work	Provides administrative support	Prepares legal documents for individuals in non-litigation matters
Education and Training	Formal education and training or relevant work experience	Varies, but usually little legal training is needed	No formal legal training needed
Supervision Level	Works under the supervision of a licensed lawyer	Usually works under the supervision of a lawyer and/or office managers	Works independently

All these professionals cannot give legal advice. These include interpreting laws, suggesting legal strategies, and predicting legal outcomes.

We cannot overemphasize the importance of attorney supervision. Under the paralegal regulations in New York State, all legal work done by paralegals must be under it. If not, the paralegal, supervising attorney, and law firm can face serious consequences.

Authorized Legal Services a Paralegal Can Perform in NY

Here are the legal tasks a New York paralegal can perform under attorney supervision.

Legal Research and Drafting

Paralegals perform these tasks well, thanks to their legal knowledge and writing skills. But their outputs are subject to their supervising attorneys’ final review.

Summarizing case law: Their summaries aid lawyers in analyzing relevant precedents and making informed decisions.
Drafting legal memos and routine documents: These documents include motions, complaints, and contracts.

Legal research and drafting are the primary supervised legal services by paralegals.

Discovery and Case Preparation

Paralegals are vital during the discovery phase and trial preparation. Their work aids lawyers in creating a compelling presentation, among other purposes.

Preparing discovery materials: Requests for production, interrogatories, and responses are among these materials. Paralegals not only draft these materials but also compile and review them. Again, their supervising attorney must review and approve all final materials.
Organizing exhibits, evidence, and deposition summaries: These documents must be well-organized, easily accessible, and available on short notice. Paralegals must then have strong organizational skills.

Client Communication (Non-advisory)

Paralegals can communicate with clients but only for certain matters. Again, legal opinions and advice are out of their scope of work.

Client intake and follow-up: Paralegals may complete intake forms and client information. Then, they can follow up to collect factual details and supporting documents.
Scheduling and relaying case updates (without legal advice): Only non-substantive updates are allowed; legal advice in any form is prohibited.

Administrative and Procedural Tasks

Paralegals aren’t administrative staff per se. But their work is vital in the efficient administrative flow of legal procedures.

Filing court documents: These include motions and pleadings, among others, whether in written or digital form. All documents must be approved and signed by the supervising attorney before filing.
Managing calendars, databases, and case files: These tasks ensure that supervising attorneys comply with rules and procedural requirements.

Legal Limitations and Unauthorized Practice of Law

New York State doesn’t grant licenses or certify paralegals. But paralegals are bound by the legal limitations set forth by state authorities.

Under state guidelines, the following constitute New York unauthorized practice of law (UPL).

Giving legal advice
Representing clients in court
Negotiating legal fees or signing pleadings

Only licensed lawyers can perform the activities mentioned above.

The New York Judiciary Law §§ 478 and 484 covers UPL. Under it, UPL refers to engaging in legal activities without a law license. As such, it’s illegal for any non-lawyer to:

Practice law
Offer legal services to individuals, groups, and the public
Hold themselves as authorized to do so

Any violation of the NYSBA guidelines for paralegals can lead to serious consequences. Both the paralegal and supervising attorney can face:

Criminal charges (i.e., misdemeanor with fines or jail time)
Civil liability (e.g., damages)
Loss of employment
Disciplinary actions (e.g., suspension or disbarment)
Malpractice risk

Indeed, compliance must be taken seriously.

Supervision and Ethical Guidelines

The paralegal regulations in New York State set clear expectations for attorneys, too. NYSBA emphasizes that attorneys using paralegal services have the ultimate legal responsibility.

In short, a licensed attorney must oversee the supervised legal services by paralegals. A lawyer must delegate and review a paralegal’s duties. These include:

Direct supervision of all tasks performed by a paralegal
Delegation of appropriate tasks (i.e., don’t demand independent legal advice)
Review and approve all legal documents before filing
Ensure proper legal training for paralegals under their supervision
Maintain accountability for their paralegals’ work

Paralegals must also be mindful of their ethical responsibilities, including:

Confidentiality
Conflicts of interest
Avoiding legal advice

Indeed, paralegals and lawyers must follow these guidelines to stay in the profession.

Education and Certification in New York

Again, there is no state licensing for paralegals in the Empire State. But employers either seek or prefer paralegals with formal legal education.

Check the paralegal job description in New York when applying first. You may find that it has specific requirements, education-wise. Why? Paralegals with formal education and training can deliver better work outputs.

The preferred formal education for paralegals in New York is:

ABA-approved paralegal programs
Certificate or associate’s/bachelor’s degree in paralegal studies

Certified paralegal requirements in New York vary depending on the issuing authority. Note that certification isn’t required by law. But it boosts professional credibility and commitment.

Popular certifications for paralegals are:

Certified Paralegal (CP) by NALA
Registered Paralegal (RP) by NFPA

Paralegals may also become voluntary members of the Empire State Alliance of Paralegal Associations (ESAPA).

Practice Areas and Work Settings in New York

You can perform paralegal duties in New York in diverse areas of practice, including:

Corporate law
Real estate
Immigration
Criminal defense
Family law

The common legal tasks a New York paralegal can perform occur in these work settings:

Law firms
Government agencies
Corporate legal departments
Legal aid nonprofits

There’s a high demand for paralegals in New York City and other urban centers, too.

Career Outlook and Salary in New York

Every paralegal job description in New York has its specific salary, if it’s stated. But we must point out that New York is among the top-paying states for paralegals.

In New York, the average salary ranges between $60,000 and $85,000+ per year. The salary depends on region and specialization, among other factors. In New York City, for example, paralegals earn $80,947/year, on average.

On the national level, the median annual wage for paralegals is $61,010 (BLS, May 2023).

Paralegals in New York can also look forward to steady job growth at 7.2% through 2032.

On another note, certified paralegal requirements in New York aren’t easy to meet. But when you’re a certified paralegal, opportunities open up. You can tap into high-growth and in-demand specializations, including:

Compliance
Litigation
eDiscovery

With these figures, you’re well-advised to consider New York for your paralegal career.

Conclusion

So, what legal services can a paralegal do in New York? Paralegals can conduct legal research, draft documents, and assist in trial preparation.

But their work demands attorney supervision and ethics compliance. The NYSBA guidelines for paralegals set clear expectations of what they can and cannot do.

What then can you do to become a successful paralegal in New York? Complete an ABA-approved program or a certificate or degree program in paralegal studies. Then, earn a professional paralegal certification. The combination can lead to the best career outcomes.

On a final note, paralegals are vital to legal access and case success. Along with the good pay and career growth, you’ll want to be one, too.