Occ. Code 2522210

LEGAL ASSISTANT 1, GRADE 14
LEGAL ASSISTANT 2, GRADE 17

New York State Department of Civil Service

Classification Standard

BRIEF DESCRIPTION OF CLASS SERIES

In close association with an attorney or attorneys, Legal Assistants perform a variety of paralegal activities that require formal education and certification as a paralegal. When classified in agencies other than the Office of the Attorney General, Legal Assistants are typically assigned to Counsel's Offices.

DISTINGUISHING CHARACTERISTICS

The preponderance of duties performed by Legal Assistants is legal work, rather than office management or secretarial keyboarding activities.

LEGAL ASSISTANT 1: performance level; as directed by an attorney or Legal Assistant 2, performs less complex paralegal work, for example, legal research in areas where precedent may be expected; may perform limited analysis of the research obtained; limited program or case involvement.

LEGAL ASSISTANT 2: highest level in the series; independently performs the more complex paralegal work, for example, legal research in areas where clear precedent may not be found; provides an analysis of the information gathered with minimal direction from attorneys; reviews and analyzes complex materials; assignments are varied and require extensive involvement in the program area or cases.

RELATED CLASSES

Law Department Document Specialists type legal documents for attorneys, in the appropriate format, under the supervision of an attorney or higher level clerical staff. They also perform duties similar to those of a Keyboard Specialist 2.

Collection and Civil Prosecution Specialists attempt to collect payment of debts and perform related paralegal work, such as monitoring files in which legal process has been served, drafting papers for review by attorneys, performing occasional legal research, closing files, and monitoring enforcement of judgment.

Attorneys perform professional legal work in a variety of settings for State agencies.

ILLUSTRATIVE DUTIES

LEGAL ASSISTANT 1

When in a litigation or administrative hearing setting, performs pre-trial or pre-hearing related activities.

• Schedules witnesses, takes depositions, and determines and collects information relevant to the case.
• Reviews case-related materials for lines of questioning.
• Assembles exhibits and briefs.
• May assist at trials or hearings by managing the exhibits and suggesting relevant questions for the attorney to raise.
• Prepares and files with the courts all associated court papers as directed or authorized by the attorney.
• When located outside of a litigation or an administrative hearing setting, performs preliminary background work for less complex cases or for administrative review processes.
• Calculates monies owed to the State, determines responsible parties, and locates and notifies them of the amount.
• Reviews administrative procedures and makes initial determinations regarding information releasable under the Freedom of Information Act.
• Negotiates and proposes preliminary settlements of fines as directed or authorized by the attorney.
• Completes routine investigative work for attorney review.
• Gathers complete information from a variety of sources.
• Provides a preliminary analysis of information to attorneys.
• Reviews draft legislative proposals for compliance with bill drafting requirements.

Manages the flow of case-related materials.

• Uses Shepard's Citations or other reference sources to check the cases cited to ensure that the case law is still relevant.
• May maintain or oversee tracking systems, calendars, and reporting systems.
• May open and close files or cases or oversee the process of opening or closing files and cases.
• Performs activities related to docketing, the placement of court-related activities on the court calendar, and on the attorney's calendar.

May draft legal responses to the courts or other interested parties as directed or authorized by the attorney.

• May prepare portions of briefs.
• Answers routine questions from the public.
• Prepares findings of decisions and findings of fact.
• Prepares opinions on routine matters.
• Prepares reports.

May answer routine complaints received from the public, either orally or in writing, and provides routine information regarding processes or procedures to the public.

LEGAL ASSISTANT 2

When in litigation or administrative hearing setting:

• May be responsible for the preparation of arguments in court for pro se and other similar cases or for the preparation of materials related to an administrative hearing. (Pro se refers to cases in which a litigant or claimant against the State represents him/herself before the courts or before a judge.)
• Independently develops assigned cases or files to the point where an attorney need only sign off on the related papers or present the case before the court.
• Prepares correspondence and all relevant case materials for the record.
• May draft various legal documents and assists in the preparation for litigation by completing a variety of activities.
• Drafts responsive motions or answers, affidavits, or discovery demands.
• Organizes exhibits for examination before trial (EBT).
• Organizes, drafts, and prepares motions for summary judgment.
• Works with the assigned attorney to restyle papers as needed.
• Serves subpoenas or arranges service.
• Arranges for filing pleadings and other legal papers with the court clerk of record.
• Analyzes adversaries' responses for their sufficiency and evaluates any objections received.
• Reviews discovery demands received and works closely with clients.
• Drafts responses to interrogatories, notices to admit, and requests for documents.
• Digests transcripts from EBTs or excerpts from trial transcripts.
• Analyzes and processes interim and dispositive decisions and orders.
• Prepares final documents for file closing.

When located outside of a litigation or an administrative hearing setting, performs a variety of activities:

• May write briefs.
• May prepare draft opinions for review by an attorney.
• May perform detailed, open-ended investigations to provide attorneys with ongoing information and leads.
• May review and propose changes in legislation, including drafting language and making revisions, and manage related bill tracking activities.
• May draft contracts and participate in the negotiation of contracts.

INDEPENDENCE OF OPERATION

Legal Assistants 1 and 2 are expected to set their own priorities and manage deadlines in accordance with legal timeframes.

Legal Assistants 1 are expected to work closely with the attorneys that assign the work, but may independently perform portions of the work assigned. The scope and depth of their work is clearly defined by the attorneys.

Legal Assistants 2 are expected to perform independently the full range of duties allowed by their certification. They may be expected to have a caseload and manage all the related activities independently. Their work receives minimal oversight from the attorneys who assign the tasks.

COMPLEXITY

Legal Assistants 1 and 2 are distinguished by the complexity of the work that they perform. Legal Assistants 1 are expected to perform the less complex paralegal activities related to the program area in which they are assigned. The Legal Assistants' 1 involvement is limited in complex programs or cases, but may be moderate to full level in less complex programs or cases. Legal Assistants 2 are expected to perform the highest level, most complex paralegal duties related to the areas in which they are assigned.

COMMUNICATION

Legal Assistants 1 and 2 read, respond to, and prepare legal documents and other written materials. They speak with attorneys and other staff in their own agencies and, depending on the assignment, with outside attorneys or legal, regulatory, or enforcement staff, claimants, litigants, court staff, legislative staff, other interested parties, and the general public. They write letters requesting information, answer questions regarding the status of cases, and write responses to inquiries from the public.

SUPERVISION EXERCISED

Supervision is not required for classification of a Legal Assistant 1 or 2.

Legal Assistants 1 and 2 may directly or indirectly supervise lower level clerical and legal staff.

MINIMUM QUALIFICATIONS

LEGAL ASSISTANT 1

Promotion: one year of permanent service in a position allocated to Grade 4 or higher whose duties are primarily clerical, secretarial, or administrative, and completion of a two-year traineeship.

Open Competitive: an Associate's Degree in paralegal studies; or a certificate of satisfactory completion in general practice legal specialty training from an accredited or ABA-cited institution; or law school graduation.

LEGAL ASSISTANT 2

Promotion: one year of permanent service as a Legal Assistant 1.

Open Competitive: a Bachelor's Degree in paralegal studies; or an Associate's Degree in paralegal studies and a year of experience as a paralegal assistant; or a certificate of satisfactory completion in general practice legal specialty training from an accredited or ABA-cited institution and a year of experience as a paralegal assistant; or law school graduation and a year of experience as a paralegal assistant. Candidates with either the Associate's Degree in paralegal studies or the general practice legal specialty certificate may substitute any Bachelor's Degree for the year of required experience.

NOTE: For current information on minimum qualifications, please contact the Division of Staffing Services.

Date: 6/98