Virtual Paralegal Client Blog (VirtLawyer)

With advance technology, there has been a steady increase in virtual law firms in the past year hence there have been an increase in the need for virtual paralegals.

There is a growing market for virtual paralegals and assistants.

As a result of the recent economic downturn, most lawyers who were laid off were unable to find work and have decided to start small law firms and solo practices using virtual paralegals and assistants to help them reduce and control their overhead cost.

In-house legal departments are putting pressure on their law firms to reduce their legal fees. More law firms and corporation are outsourcing paralegal and secretarial functions to reduce their clients’ fees.

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• Some of the expenses associated with the start up cost of starting a virtual paralegal business may include: incorporation, practice areas software, office supplies, website design and hosting.
• Do not purchase your practice areas software before you secure your first solid client.  Some clients prefer that you purchase the same software they use and other clients may give you remote access to their software to complete their assignments.
• Research and become familiar with the software commonly used in your practice areas.

Virtual paralegals fees vary by experience, location, practice areas and volume of work. However, in general virtual paralegals charge anywhere from $30 - $100 per hour. Some virtual paralegals only charge flat fees, some charge a combination of flat fees, hourly fees and some require a retainer.

The attorney should discuss all fee arrangements with the virtual paralegal before hiring.

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Virtual paralegals should provide the following software and equipment to complete their clients’ assignments.

•·         Computer with Internet access

•·         Fax

•·         Email

•·         Printer

•·         Scanner

•·         Computer backup system

•·         Anti virus protection

•·         Cell phone

•·         Office supplies

•·         Practice areas software

•·         Ability to create PDF documents

•·         Billing and time tracking system

•·         Document management system

•·         Conflicts check system

•·         Confidentiality and privacy policies

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Virtual paralegals must avoid the unauthorized practice of law. Generally, paralegals may not represent clients in court, take depositions, or sign pleadings.

Virtual paralegals may not establish the attorney's relationship with the client or set fees to be charged, and may not give legal advice to a client. See, Guideline 3 of the ABA Model Guidelines for the Utilization of Paralegal Services (PDF).

Typical tasks delegated to virtual paralegals in various areas of the law are described on the websites of national paralegal associations, such as the National Association of Paralegals (NALA), the National Federation of Paralegal Associations and the International Paralegal Management Association (formerly known as the Legal Assistant Management Association) (LAMA).

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Lawyers are ultimately responsible for the work product of paralegals. Lawyers are responsible for the ethical conduct of the paralegals whom they employ. Any transgressions by the paralegals may subject the lawyer to professional discipline. See, Rule 5.3 of the Model Rules of Professional Conduct.

Lawyers who supervise paralegals must develop, implement, and enforce policies to ensure that paralegals understand how their conduct must conform to lawyer's professional obligations. See, Rule 5.3 of the Model Rules of Professional Conduct.

Many state bar associations have adopted guidelines for the utilization of paralegals. These guidelines often include commentary describing specifically authorized or proscribed local practices. For example, there is a split of opinion on whether paralegals may attend real estate closings unaccompanied by a lawyer. See chapter 8 in Paralegals, Profitability, and the Future of Your Law Practice, by Arthur G. Greene and Therese A. Cannon. 

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Virtual paralegals must have the ability to work independently with little or no supervision. However, it is always the responsibility of the attorney to review and sign off on all final projects completed by the virtual paralegal before it is forwarded to the client, or securities and government agencies.

Virtual paralegals are not required to hold a license in order to perform their duties as paralegals.

The majority of virtual paralegals work under the supervision of an attorney.

A legal restriction for operating a virtual paralegal business is that a virtual paralegal should NEVER give legal advice.

Typically, paralegals are not permitted by law to give legal advice. In most states it is a violation of the law for anyone other than a licensed attorney to give legal advice.

Virtual paralegals must always represent his/herself as the paralegal and never an attorney.

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It is recommended that virtual paralegals have at least 3 years working experience as an in office paralegal in one or more specialized areas. Virtual paralegals should be familiar with professional and government agencies associated with their practice areas. The attorney only needs to provide the virtual paralegal training on his/her office procedures.

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The skills and education required of virtual paralegals are the same as a paralegal who works in an office.  Education varies but basic knowledge of the law is required. Knowledge of technology, the ability to do thorough research and an eye for details are some of the key skills of virtual paralegals.

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Virtual paralegals are not paid any medical, dental or insurance benefits and they provide their own equipment and software to complete their assignments.

Virtual paralegals reduce the overhead cost for lawyers and small businesses as there is no need for: training, employee insurance, benefits, superannuation, workers compensation, taxation, sick leave, personal leave, holiday leave, maternity leave, parental leave, coffee breaks or any other cost incurred by employing full or part time staff. When the service of a virtual paralegal is engaged, the attorney only pays for the time it takes to complete a task or specified assignment.

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