Needed: Fact-Recording Paralegals

18Apr10

People file lawsuits and then wait.  Their expensive attorneys burn up enormous amounts of time and money.  The legal system imposes delays lasting months and even years before there is finally a serious attempt to sort out the facts.  Often, that never happens at all; the parties simply settle the matter on terms that can be completely unfair to one or more parties.

At a time when the country does not have enough jobs for all of the people who need them, it makes sense to divert some of that money away from the attorneys, to paralegals who would be tasked for the specific purpose of nailing down the facts of the case.  One way to do this would be to hold the parties, not the court, responsible for coming up with a coherent statement of those facts.  Sanctions could be developed and revised to give parties an incentive to cooperate with the paralegal; for example, a party denying a point, and thereby requiring the other party to prove it, could be responsible for the expenses (or double the expenses, or the expenses plus fines) that the other party and the paralegal incur in proving it.

For this purpose, suitably trained paralegals could be registered with the court, as mediators and other professionals are, and cases could be assigned to them.  This approach could result in more thorough and accurate development of the factual record – although not, perhaps, in a comparison against the imaginary world in which all parties have adequate legal representation.  In the real world, people who wanted and could afford attorney representation in the factual phase could still have it; the essential point is just that parties would not be railroaded through a commonly bogus factual phase handled by an overly busy judge and overly expensive litigators.

Advertisements


One Response to “Needed: Fact-Recording Paralegals”

  1. Great article. I’m currently working on a blog post about a similar issue of licensing and expansion of scope of practice in New Jersey for paralegals. I hope you check it out when it’s ready. In the meantime, I hope you don’t mind if I add you to my blog roll. I really like your ideas on how to make the system more consumer friendly and still keep the old system “alive.”

    I hope we can get our point heard.

    Ana


Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s


%d bloggers like this: