As a paralegal with over 15 years of experience in civil litigation, I’ve seen firsthand the indispensable role we play in supporting attorneys and achieving successful case outcomes for clients. Without paralegals, it’s no exaggeration to say that the civil justice system would grind to a halt. We take on a massive amount of substantive legal work that allows attorneys to focus their time on the most complex and strategic aspects of litigation.

In this comprehensive blog post written from a paralegal’s point of view, I’ll give you an inside look at exactly how we support civil litigators. I’ll share details on the typical paralegal responsibilities, insights into how our duties evolve through every phase of litigation, reflections on the immense value paralegals add to legal teams, and the special skills that make top litigation paralegals shine. My goal is to provide a transparent, candid picture of what paralegals do behind the scenes to make attorneys’ jobs easier and get results for clients. There’s no question – paralegals are the unsung heroes of civil litigation. So let me sing our praises and illuminate the critical paralegal role!

What is a Paralegal?

Before I get into the nitty gritty litigation duties, let me start with a quick overview for anyone unfamiliar with what a paralegal actually is.

Paralegals are professionals who support attorneys in delivering a wide range of legal services. We’re not lawyers ourselves – we can’t give legal advice or represent clients in court. But under attorney supervision, we take on many substantive legal tasks including legal research, drafting documents, preparing court filings, communicating with clients, organizing case details, and assisting at trial. We’re an attorney’s right-hand person, taking care of critical background work that enables them to operate efficiently and focus on winning legal strategy.

There are paralegals who specialize in all different legal practice areas – corporate law, intellectual property, real estate, family law, and many more. My expertise is specifically in supporting high-volume civil litigation attorneys. This fast-paced work keeps me on my toes, with new cases constantly arriving! I’ll concentrate this post on the unique litigation support paralegals provide.

To become a paralegal, most complete either an Associate’s degree in Paralegal Studies or a post-baccalaureate certificate program. I chose the certificate route after college which provided intensive training in just 1 year. Continuing education is also crucial as laws and best practices evolve. It’s a rewarding career for those with a passion for law and a meticulous attention to detail. That brings me to the first key skill…

Key Responsibilities of Litigation Paralegals

Now that we’ve defined the general paralegal role, let’s look at the typical responsibilities litigation paralegals take on to help attorneys win civil court cases.

Legal Research 

One of the paralegal’s most important jobs is performing substantive legal research. When attorneys take on a new civil case, they rely on paralegals to research the relevant laws, court procedures, prior similar cases, and legal concepts that will be central to building their client’s case. 

Paralegals access legal libraries, Westlaw, LexisNexis, government databases, and other sources to find case law, statutes, codes, regulations, analytical works, verdicts, pleadings, and more. They keep comprehensive research records and prepare memos summarizing their findings for the attorneys they work under.

Evidence Gathering

Fact finding and evidence collection is also a crucial litigation support task delegated to paralegals. Under attorney supervision, paralegals utilize interviews, site visits, public records searches, FOIA requests, discovery filings, and other investigative work to gather physical evidence, document evidence, photographic evidence, video evidence, digital forensic evidence, and expert testimony. 

Paralegals organize the voluminous evidence and review discoveries from the opposing counsel, ensuring the attorney has all the facts and exhibits needed to prove their case. Tracking down elusive but critical evidence is one of the paralegal’s key roles.

Document Drafting

Paralegals are also highly valued by litigators for their legal document drafting skills. Paralegals take on document drafting tasks including:

– Pleadings – e.g. Complaint, Answer, Motions

– Written Discovery – e.g. Interrogatories, Requests for Production 

– Settlement Agreements

– Trial and Appellate Briefs

– Trial Exhibits and Filings

Under attorney direction, paralegals draft detailed, customized legal documents, ensuring they meet court requirements. Attorneys review the documents and have paralegals revise them as needed until they are ready for filing.

File Organization

Staying on top of deadlines, dates, facts, documents, and other case details is imperative in civil litigation. Paralegals keep the attorney organized through meticulous file management systems. 

Paralegals open new case files, develop organization frameworks, compile all physical and electronic documents, track key dates/deadlines in calendars, and keep everyone informed on case progress. Their organizational skills ensure the attorneys have what they need when they need it.

Client Communication

Client relations are another area where paralegals provide invaluable assistance to litigators. Paralegals are often the main point of contact for clients throughout a case, answering questions, gathering needed information, explaining legal concepts, and managing client expectations.

Sensitive clients need special handling, and the paralegal helps the attorney keep the client satisfied. They reassure anxious clients and temper overly demanding clients while protecting attorney time. Paralegals are essential liaisons between the busy attorney and the client.

Paralegal Duties Throughout the Litigation Process

Now that we have covered the core responsibilities paralegals take on for civil litigators generally, let’s look specifically at how those duties unfold during each phase of the litigation process – pre-trial, trial, and post-trial.

Pre-Trial

The pre-trial preparation phase is when paralegals take on the bulk of their litigation work. Key paralegal duties during pre-trial include:

– Reviewing intake documents, contracts, or evidence from potential new cases to prepare case summaries and recommendations on whether the attorney should accept the case

– Communicating with new clients to gather background facts and documents 

– Researching the legal merits, judicial climate, potential defenses, and procedural requirements for new cases

– Drafting initial pleadings like the complaint and motions for filing

– Organizing physical and electronic case files, evidence exhibits, and calendars to track deadlines

– Managing communication and information flow between attorney and client

– Performing exhaustive legal research to develop the legal theory and identify applicable laws, successful strategies used in similar cases, and potential counter-arguments 

– Drafting detailed memos summarizing research findings for attorneys 

– Developing discovery strategy and drafting written discovery requests like interrogatories and requests for production as well as responses to opposing counsel’s discovery

– Gathering evidence through interviews, public records searches, site visits, expert testimonies, FOIA requests, etc. 

– Reviewing records, documents, and physical evidence obtained through discovery and investigations to summarize relevant information for attorneys

– Communicating with clients and witnesses to prepare them for depositions and trial testimony

Paralegals handle a huge number of essential pre-trial tasks, enabling the attorney to focus their time on high value work like case strategy, discovery motions, and deposing witnesses.

Trial 

Leading up to and during trial, paralegals continue supporting the litigation team:

– Preparing trial exhibits, visual aids, and evidence files in proper format for use in court

– Drafting any necessary trial briefs, proposed jury instructions, and motions in limine 

– Coordinating logistics like trial technology, war rooms, and evidence storage

– Attending trial to assist with exhibits, take notes, locate additional evidence if needed, and provide general support

– Researching legal issues, case law, and new strategies that arise during trial

– Drafting daily trial summaries for attorney review

Even during the intensity of trial, paralegals remain a key part of the team inside and outside the courtroom.

Post-Trial

Post-trial, paralegals shift focus but continue assisting the attorney:

– Drafting settlement agreements, releases, and orders if the case settles

– Filing post-trial motions if necessary

– Preparing appeals by drafting briefs and record excerpts

– Supporting collection of judgements from the losing party

– Closing case files and compiling documents from the case that may assist in future litigation

The paralegal continues to support the attorney long after trial to bring the case to its final resolution.

The Benefits of Having a Paralegal on Your Litigation Team

Now that we have detailed the extensive responsibilities paralegals take on during civil litigation, it is easy to see why they are considered indispensable members of any litigation team. Here are some of the key benefits paralegals provide:

– Increased Efficiency – Paralegals greatly expand the volume of legal and factual work an attorney can handle, increasing overall efficiency.

– Leverage Legal Expertise – Paralegals perform complex legal work under attorney supervision, leveraging the attorney’s expertise. 

– Focus Attorney Time on Winning Strategy – Paralegals handle time-intensive tasks, freeing the attorney to focus on high-value work.

– Increased Thoroughness – Paralegals meticulously gather facts and research the law, ensuring no stone is left unturned. 

– Streamlined Client Communication – Paralegals field most client inquiries, resolving issues quickly and managing expectations.

– Bolstered Organizational Habits – Paralegals implement and maintain detailed systems for tracking deadlines, documents, and case details.

– Reduced Stress – Paralegals handle administrative burdens and sensitive client communications, reducing attorney stress.

– Lowered Costs for Clients – Paralegals bill at lower hourly rates than attorneys, keeping legal costs down.

– Expanded Firm Capacity – Paralegals multiply what a legal team can handle, allowing firms to take on more clients.

Paralegals are truly force multipliers for litigation attorneys. Forming an attorney-paralegal team illuminates a clear path to greater legal success.

Essential Skills and Qualities of a Litigation Paralegal  

Not just any paralegal has what it takes to provide effective litigation support. Certain skills, character traits, and qualifications set elite litigation paralegals apart. Here are some key qualities attorneys look for:

– Meticulous Attention to Detail – Juggling deadlines, documents, discoveries, and evidence requires extreme organizational discipline.

– Analytical Thinking – Synthesizing research and case facts into legal theories and strategies involves strong analytical ability.

– Superb Legal Research Skills – Mastering print and digital legal research tools is mandatory.

– Excellent Writing Ability – Drafting legal filings, memos, briefs, and correspondence necessitates polished writing skills.

– Client Management Skills – Paralegals must maintain client satisfaction through case delays and complexities. 

– Investigative Curiosity – Digging for obscure but critical evidence demands an inquisitive spirit.

– Comfort with Technology – Leveraging eDiscovery tools, databases, and organizational software is increasingly important.

– Teamwork Ethic – Paralegals must work cohesively with attorneys, clients, experts, and legal staff.

– Discretion and Integrity – Paralegals must protect client confidences and privileged information.

– Passion for Justice – The drive to secure just legal outcomes for clients keeps paralegals engaged.

When assembling a litigation team, attorneys will prioritize paralegals displaying these invaluable attributes.

Conclusion

Paralegals play an absolutely essential role in helping civil litigation attorneys achieve successful case outcomes for clients. They amplify an attorney’s effectiveness throughout all phases of litigation through excellent legal research abilities, organization and detail orientation, client management, discovery skills, and tireless work ethics. 

Lawyers and clients alike can depend on skilled paralegals to expertly tend to procedural formalities, factual investigations, document preparation, and overall case management. By leveraging the talents of qualified paralegals, litigators can focus more time on developing winning legal strategies, resulting in excellent case outcomes. The attorney-paralegal team truly forms the foundation of a thriving civil litigation practice.