A Legal Assistant who works in criminal law is employed, primarily, by either a prosecutor or by a defense attorney. (The prosecution being the State of Texas or the United States of America and the defense being a law firm or a private attorney.) I began working as a secretary in the Randall County Criminal District Attorney's Office in May of 1989, That office did not employ legal assistants; however, there were many areas in the office which would have benefitted greatly from the employment and utilization of a legal assistant. The office staff consisted of 7 attorneys, 3 investigators, 1 victim-witness coordinator, and 8 secretaries. One attorney's sole responsibility was doing legal research. Due to budget limitations which are always a factor in county government, finding a really sharp attorney to work for $28,000-$32,000 per year was difficult. However, a highly qualified legal assistant could have been hired within that salary range. It would have freed up an attorney to do other jobs which only an attorney can do, such as intake and court appearances. The legal assistant would also have been valuable in drafting pleadings and interviewing witnesses. Although this may not be an issue in larger, richer counties, I am aware of only one county in our area that employs a legal assistant. However, hiring a proficient legal assistant should be considered by county officials to work under the supervision of an attorney and do many jobs an attorney must do. It would certainly save the attorney a great deal of time and allow him to spend his time more productively in the courtroom disposing of the backlog of cases and helping the wheels of justice to move a bit faster.
After several years in a district attorney's office, finishing my paralegal
schooling, and passing the CLA exam, I began working as a legal assistant
in a defense practice. The real irony here is that the attorney now practicing
criminal defense law is the same attorney who was criminal district attorney
at my first job. Working in a private law office has been an invaluable
learning experience. I came from an atmosphere where it was assumed that
every defendant in the criminal system was "guilty". If not, he/she
certainly would not have been charged with a crime. I now know that everyone
who is charged with a crime is not guilty, and that everyone is entitled
to the best defense possible. We are dealing with a person's freedom and,
in some instances, his life. It is crucial for the legal assistant to know
and understand the United States Constitution and the Constitution of the
State of Texas and the rights which they grant to every citizen.
However, the scales of justice are really not level in criminal litigation,
and the rights granted to every citizen by the Constitution frequently have
to be fought for very tenaciously. if the prosecution needs information
concerning a defendant or witness, requesting the information is all that
is necessary to obtain il. However, obtaining the same information on behalf
of the defense is much more difficult. Many prosecutors have an "open
file" policy wherein they allow access to the file, and the defendant's
attorney is allowed to see almost everything in the file. But, if a defense
attorney needs information which is not contained in the file, it is very
difficult to obtain. Most prosecutors will allow legal assistants to come
into their offices to view files and make notes when they have an "open-file"
policy. This is a benefit to the supervising defense attorney because it
allows him or her to do other, more important work. The legal assistant
employed by a defense attorney has to work harder and be more resourceful
in obtaining information than one working for the prosecution. One must
be familiar with criminal methods to obtain information through the Texas
Open Records Act, which guarantees the public access to information in the
custody of governmental agencies, and TEXAS GOVERNMENT CODE, Titles 5,6,
& 10. Whereas the prosecutor may call governmental offices and obtain
any information desired, a defense attorney may have to use these discovery
tools to obtain the same information. When a prosecutor needs the criminal
history of a defendant or witness, he has access to TLETS (Texas Law Enforcement
Tele-communication System) and NLETS (National Law Enforcement Tele-communication
System) and can obtain any information he may need from them. A defense
attorney is required to file motions and get a judge to order this information
to be provided to the defense attorney.
Many times in criminal law, a defendant cannot afford an attorney, and the
court will appoint an attorney to represent tho indigent defendant at the
government's expense. This appointed attorney is seldom an experienced trial
attorney. He chose his field of practice because he had no desire to be
a trial attorney of any kind, much less a criminal defense attorney! I think
we have all heard horror stories about attorneys in Estate/Probate Law or
Administrative Law getting appointed to handle a criminal defense. If the
poor defendant knew the fear and trepidation and uncertainty that his attorney
demonstrates while just trying to discover what pleadings he should file
and the form and sequence in which they should be filed, not to mention
how to argue the case in court, the defendant would just give up and plead
guilty. Although legal assistants help the appointed attorney, their fees
are seldom allowed by the judge who appointed the attorney. The prosecutor
has access to numerous attorneys, investigators, support staff, Sheriff's
department, DPS, and any other law enforcement agencies within the State
and throughout the United States. While judges will, at times, allow employment
of an investigator and other professionals such as experts on behalf of
the defendant, it is unfortunate that they will not pay fees for a legal
assistant who works diligently on the case with the defense attorney.
A legal assistant can sometimes be much more effective in interviewing potential
witnesses, simply because he/she is not an attorney, She can be more relaxed,
conversational, and disarming because she is not having to overcome the
preconceived ideas, prejudices, and distrust many ordinary folks hold about
attorneys.
A legal assistant who works in the criminal law area can be invaluable in
trial, much the same as in the civil law area. As with any trial, a criminal
trial demands the full attention and focus of an attorney. The legal assistant
is invaluable during voir dire, to watch potential jurors, take notes, and
help the attorney choose a jury; in dealing with witnesses before and after
they testify; in organizing and marking exhibits; helping the attorney in
dealing with the defendant; and in taking notes so the attorney can focus
on other aspects of the trial.
The legal assistant profession is rapidly expanding throughout the United
States. According to the National Association of Legal Assistants, as of
February 1,1997 there are 8,343 Certified Legal Assistants in the United
States. Of that number, 1,785 are working in the State of Texas. A legal
assistant may also obtain a "specialist" certification in many
areas of law. I found it interesting to learn that throughout the United
States, there are only 676 Certified Legal Assistant Specialists and of
that number, 174 are in the State of Texas. Nationwide 32 of the 676 CLAS
specialize in criminal law and only 9 of those are in the State of Texas.
It appears that this most crucial area of law is missing out on the benefits
of a lot of sharp paralegals. If some outdated modes of thinking about the
utilization of legal assistants in criminal law could be eliminated, the
issue of finding the funds with which to pay them would, most likely, suddenly
become insignificant.
We should work harder to further the employment and acceptance of legal
assistants in criminal law on both sides of the docket.
Carol McRoberts is a Certified Legal Assistant with the law firm of Rhodes & Sherrod, L.L.P. in Amarillo, Texas. She received her CLA certification in January, 1997. She is a member of Texas Panhandle Association of Legal Assistants. She began her career in the legal field working for Randall Sherrod when he was the Criminal District Attorney of Randall County, Texas. She worked eight years for Sherrod and went with him 21/2 years ago, when Sherrod went into private practice with Dusty Rhodes, a criminal and civil litigation attorney for 37 years.