The difference between a paralegal and a lawyer isn’t always clear. The legal industry can be daunting for non-professionals to navigate, particularly when both lawyers and paralegals seem to undertake many of the same activities. However, they are two very separate roles, and understanding the distinctions is critically important.
Whether you're seeking legal advice, preparing documents, or navigating complex legal processes, knowing who to turn to can save you time, money, and potential misunderstandings. When working with a law firm, you’ll likely interact with both attorneys and paralegals - by understanding the differences between these roles, you’ll be better equipped to engage with the right professional to meet your specific legal needs.
In this blog post, we’ll break down the duties, qualifications and salaries of paralegals vs lawyers, and what to expect from each of these legal professionals.
Paralegals are legal professionals who assist lawyers with their day-to-day legal tasks, working under the supervision of a licensed attorney. The American Bar Association (ABA) states: “A paralegal is a person, qualified by education, training or work experience who 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.”
A paralegal’s duties might include conducting research, drafting legal documents, locating and interviewing witnesses, and organizing files. While a lot of this might sound like the everyday business of being a licensed attorney, a paralegal’s role is clearly defined and comes with significantly more limited responsibilities.
Unlike with attorneys, there is no national regulatory board for paralegals in Canada or the USA. There are some variations by state or province —in Ontario, for example, paralegals need to pass a licensing exam in order to obtain their certificate. In general, however, you don’t need to clear a set sequence of educational hurdles in order to become a paralegal.
While certification programs are voluntary, not mandatory, they do help prepare paralegals for the profession and can help candidates stand out in the job market. There’s a variety of options available, including post-degree certifications, state-based certifications and certification programs run by paralegal associations such as NALA and NFPA.
According to the ABA, “A lawyer (also called attorney, counsel, or counselor) is a licensed professional who advises and represents others in legal matters.”
The word “licensed” is the key distinction here. Unlike a paralegal, a lawyer has a license that grants them authority to practice law. As a result, they represent clients in court, provide advice and prepare and file legally binding documents.
The path to becoming a lawyer is a long one, and while the exact qualifications will vary from state to state, it generally looks something like this:
While both paralegals and lawyers work in the legal field, there are some big differences when it comes to legal authority. Lawyers are licensed while paralegals are not. This means that while lawyers can take on the responsibilities of a paralegal, there are certain tasks that only lawyers can perform. These include:
So when it comes to probate, for example, only a lawyer will be able to sign applications on behalf of a client executor.
Lawyers generally earn higher salaries than paralegals. In 2023 the median pay for lawyers was $145,760 per year, compared to $60,970 for paralegals and legal assistants. This is no surprise when you consider that lawyers have to meet lengthy educational and licensing requirements in order to qualify and have much greater responsibility in their role.
As a result, hiring paralegals brings benefits for both law firms and their clients. Paralegals can perform many of the same tasks as lawyers but at a much lower billable rate. Law firms can then pass these cost savings onto their clients.
Given the differences in legal authority between a lawyer and a paralegal, it’s unlikely that you’ll ever be confronted with a choice about which one to hire. That’s because there are limited scenarios in which you can hire a paralegal, and these apply only in certain jurisdictions. In Ontario, for example, a paralegal can file a claim and even represent you in a small claims court. If you’re bringing a complaint before a government agency (such as a dispute over Social Security) in the USA, you might be able to turn to a paralegal.
But in most cases, it’s illegal for consumers to hire a paralegal directly—even if the difference in hourly rate makes it a tempting thought. If you need a licensed professional to argue for you in court, for example, then only a lawyer is allowed to do so. And paralegals work under the supervision of an attorney, which means that you can’t engage a paralegal as a consumer.
That’s not to say that you won’t encounter a paralegal along the way. Most paralegals work for law practices or in the legal departments of large organizations, so there might well be a paralegal supporting the attorney working on your case—and they might well serve as your main point of contact. While they’re not allowed to undertake tasks such as signing legal documents or representing you in court, they’re perfectly placed to gather information from you and keep you informed about the progress of the case.
Paralegals aren’t the only way to boost efficiency within law firms. Digital platforms can be equally effective at saving time and resources and passing this on to the client. Estateably offers a legal tech solution designed for trust and estate professionals that takes the manual, repetitive work out of estate administration. By handling tasks such as document automation and report generation, they help free up both lawyers and paralegals so that they can deliver better service.
Book a free demo to find out more.
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