11.6

The Paralegal as Advocate

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INTRODUCTION

This section includes a selection of true stories from working paralegals. We have only included a few here. Paralegals are now an important part of the process of advocacy.

Lecture Notes . . .

THE ATTITUDE OF ADVOCACY
These pages are fairly self-explanatory. It is impossible to test the concept of advocacy because every individual finds techniques and skills that are best suited to him/her. Advocacy, like investigation, is mostly a matter of attitude. You are not representing just your client, but that client's right to a fair trial and competent representation. In fact, you are representing the Constitutional right to such basic, fundamental rights, and no one will prevent you from ensuring your client's access to those rights. (Do I hear patriotic music playing somewhere?) The manual discusses many different methods of advocacy. What works for one paralegal may not work for another. Find what works for you. It can make your job more enjoyable, and being a good advocate can increase your value as a paralegal.

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Paralegal Perspective . . .

ADVOCACY
Some attorneys are very sensitive about the word "advocacy." Some argue that only attorneys can advocate on behalf of a client.

Two points: First, a paralegal assists an attorney in his or her role as advocate. When a paralegal is acting in the scope of her or his duties, the paralegal must act as the attorney would act.

Advocacy is not just in court representation, but also the process of obtaining information, documents, and authority that benefit the client.

Second, many administrative agencies and even some small claims courts allow paralegal representation. To represent a client under such circumstances certainly constitutes advocacy. In any case, a paralegal should understand the concept of advocacy.