by Suzanne Mathews

Created on: August 15, 2010   Last Updated: March 24, 2012

The difference between a legal secretary and a paralegal may be an individuals perception.  For instance, some may have the perception that the functions of a legal secretary is to perform only clerical  duties like filing, typing, answering the phone, greeting clients, and scheduling appointments. Then again, some may have the same perception that a paralegal performs similar duties.

The American Bar Association (ABA) adopted in 1997 the definition of a paralegal as “… a person, qualified by education, training or work experience that is employed or retained by a lawyer, law office, corporation, governmental agency or other entity and who performs specifically delegated substantive legal work for which a lawyer is responsible” (ABA, 1997).  The same definition could be true for a legal secretary. For example, in the state Michigan a level (9 ) legal secretary  is “… person responsible… in such areas as interpreting the supervisor's point of view; serving as liaison to the court system, staff, and higher level management; researching and preparing materials for administrative decisions and briefs; and participating in other advanced, legal secretarial activities” (Michigan Civil Service Commission, 2006).

The role of a legal secretary in some small law firms , depending on the employer’s preference, may require the individual to have vocational training or a two-year degree to perform only clerical functions. It is possible for the individual to gain more responsibilities if they have a higher level of education or legal expertise. Yet the title or position continues to be referred to as, a legal secretary. From a different perspective, the supervising attorney may employ an individual with a four-year degree to perform clerical duties as well as assist in substantive legal work all the while referring to this person as a paralegal. Larger law firms may have a legal secretary to perform clerical and/or administrative duties and a paralegal to assist the supervising attorney’s in substantive legal work.

In terms of producing revenue for the law firm, there is a difference between billable and non-billable service performed by either a legal secretary or a paralegal. For instance, clerical duties such as answering the phone and filing are not billable as a separate service to the client. However, substantive legal work like preparing legal documents or performing

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