Paralegal in the America and Iran Legal System

Safari, Nahid

doi:10.22034/jlvi.2024.1998692.0

Paralegal in the America and Iran Legal System

Document Type : p

Author

nahid safari

university of Maragheh

10.22034/jlvi.2024.1998692.0

Abstract

Paralegal is one of the official jobs in the American legal system. Paralegal refers to people who assist lawyers in providing legal services. In Iran's legal system, despite the informal presence of some people as paralegal in lawyers' offices, this profession is not officially provided in the statute. In this research, paying attention to this profession as a way to solve part of the unemployment problems of legal graduates and to benefit from advantages such as facilitating the work of lawyers and increasing the quality of their services and improving access to justice has been considered. Considering that the lack of legalization of this profession in practice has created obstacles for lawyers and deprived Iranian lawyers of fully benefiting from the advantages of this profession, in this research, considering the positive experience of America in using paralegals, while introducing the paralegal in this legal system, by examining the advantages and obstacles of this profession in Iran's legal system, the feasibility of its acceptance has been studied. Legalizing this profession and determining its precise conditions in the laws and removing the existing obstacles is the author's suggestion to benefit from the positive effects of this profession and solving part of the employment problems. This research is written with a comparative approach and descriptive and analytical method. The method of collecting information is library and field working. In order to investigate the obstacles of this profession in practice in Iranian law, a questionnaire was compiled and we interviewed with a number of lawyers who used Paralegals in practice, and by evaluating and analyzing the information obtained, the advantages and obstacles of this profession in practice were explained.

Keywords

paralegal

legal assiatance

apprentice

american law

20.1001.1.22520007.1403.29.105.8.5

ب) منابع انگلیسی
- American Bar Association Standing Committee on Paralegals (2018), Aba Model Guidelines for the Utilization of Paralegal Services.
- Buchholz, R. M., E. Cassidy Chivers, et al. (2021), Regulation of the Legal Profession in the United States: Overview.
- Campbell, J., & the American Bar Association Standing Committee on Paralegals (2005), “The Economic Benefits of Paralegal Utilization”, American Bar Association. C Available at: https://cdn.ymaws.com/www. paralegals.org/resource/ resmgr/files/ migration/e/economic_ benefits_ of_ paraleg.pdf.
- Cannon, Th. A. (2011), “Ethics and Professional Responsibility for Paralegals”, Wolters Kluwer Law & Business, New York. 6th ed.
- Crossett, L. (2017), “Regulation of the Paralegal Profession and Programs for Limited Practice by Non-Lawyers”, law. 95, availabe at: https://heinonline.org/HOL/LandingPage?handle=hein.journals/profeslwr2017&div=7&id=&page=
- Hudspeth, G. L. (1952), “Privileged Communications- Attorney and Client-2”, Duke bar journal.
- Mongue, R. E. (2017), “From Apprentice to Paralegal: The Rise of the Paralegal Profession in America”, Issues Leg. Scholarsh, No.15(1).
- Nala Code of Ethics and Professional Responsibility (2007).
- Nala- the Paralegal Associations, Model Standards and Guidelines for Utilization of Paralegals (2018).
- National Federation of Paralegal Associations (2011), Paralegal Responsibilities.
- NFPA Regulation Review Committee (2017), Paralegal Regulation by State.
- Open Society Institute (2010), Community-based Paralegals, A Practitioner’s Guide, New York, United state. Available at https://www.justiceinitiative.org/ uploads/6001868b-f85d-4883-8da7-bdf2ebc93a4c/OSJI-Paralegal-Manual-US-11-05-2014.pdf.
- Statsky, W.P. (2016), Introduction to Paralegalism, Perspective, Prioblems, and Skills, 17 edition. Delmar Cengage Learning.
- Trabucco, L. D. (2020), The Regulation of Paralegals in Ontario: Increased Access to Justice? Graduate Program in Law, Osgoode Hall Law School York University Toronto, Ontario.