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Law and Paralegal

A guide to legal information and an emphasis on the Monroe University paralegal program of study

Civil vs. Criminal Law

The differences between Criminal Court and Civil Court

 

Criminal laws are the rules that apply when someone commits a crime, such as assault, robbery, murder, arson, rape and other kinds of crimes. After a person is arrested and charged with a crime, that person goes to a Criminal Court. 

Civil law refers to almost all other disputes—these are the rules that apply when one person sues another person, a business or agency. This can cover a housing case such as for eviction or foreclosure, a family case such as divorce or custody, consumer problems such as debt or bankruptcy, or when someone sues for money because of damage to property or personal harm. All of these cases go to a Civil Court.

The judges in criminal and civil court have different powers. Criminal Court judges can punish you for breaking the law by sending you to jail. Civil Court judges can order you to pay money or a fine, or make decisions about your family or your home. 

Source: Legal Aid Society of Northeastern New York (LASNNY)

A Lawyer vs. A Paralegal

Difference between a lawyer and a paralegal

To better understand the difference between a paralegal and an attorney, let’s start by clarifying what a paralegal can do. Paralegals may complete many of the same legal tasks that a lawyer does (except those proscribed by law). But paralegals can only do so on behalf of and under the supervision of a licensed attorney. 

So, while they’re both legal professionals who complete substantive legal work, there are a few broad—but important—areas of difference between lawyers and paralegals:

  • The ability to practice law. Put simply—licensed lawyers can practice law. Conversely, there are far fewer formal requirements (we’ll touch on this more later in this post).
  • Tasks and responsibilities. While most legal careers come with a certain amount of stress, lawyers shoulder a greater degree of responsibility for legal work. This is because a supervising attorney is ultimately responsible for their paralegal’s work. 
  • Qualification. Lawyers must meet a specific set of educational, training, and licensing requirements to practice law. Conversely, to work as a paralegal, there are far less formal requirements.

Paralegals often take on the following tasks on behalf of their supervising attorney:

  • Managing client communication and updating clients on their case status.
  • Reviewing and organizing client files.
  • Conducting factual and legal research.
  • Preparing legal documents like drafting discovery notices and pleading and preparing documents for transactions.
  • Case preparation.
  • Document management and drafting legal documents.
  • Interviewing clients and witnesses.
  • Assisting their supervising attorney at closings and trials (for example, by gathering case information).

However, while attorneys may do any of the above tasks, they have the additional job responsibilities that paralegals are not allowed to take on, including:

  • Giving clients legal advice.
  • Accepting or rejecting client cases.
  • Representing clients in court.
  • Setting their attorney fees.

 

Source: https://www.clio.com/blog/whats-the-difference-between-paralegal-and-lawyer/ . Accessed September 9, 2025.

Libraries and Legal Advice

Librarians are generally NOT lawyers (except for a small group of legal librarians). Our job as librarians is to provide you, the patron, with the latest legal information and assist you as a library patron in finding the information that you need. Librarians are expected to avoid giving legal advice or opinions, which falls under the "unauthorized practice of law". (ALA Code of Ethics)

A Monroe University Research Guide

     THIS RESEARCH OR "LIBGUIDE" WAS PRODUCED BY THE LIBRARIANS OF MONROE UNIVERSITY     

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