Transcript text: The three major characteristics of the definition of the term "paralegal" are (1) has acquired legal skills through education, training, or on the job experience; (2) works under the supervision of an attorney; and (3) performs substantive legal work that the attorney would otherwise have to perform. In determining if the third characteristic, the absence test may be used. Under the Absence Test, a paralegal
Has acquired legal skills through education, training, or on-the-job experience and works in a law office or is an independent contractor who provides legal services for an attorney.
Must have the skills to perform the task, which most secretaries do not have the skills to perform, and an attorney would have to perform the task if the office did not have a paralegal but did have a secretary.
Must possess the legal skills described in the definition of a paralegal written by the state legislature, the state courts, the State or local bar association, and the American association for Paralegal Education.