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Our philosophy is to provide meaningful
paralegal services to New Jersey law firms at FLAT RATES to ease
their caseloads. Our New Jersey paralegals are thoroughly experienced
in state and federal civil litigation, work completely independent and
require no assistance from counsel.
Our office is modernly equipped with a
Westlaw subscription that allows us access to nationwide cases
and codes along with practice materials relevant to the State of New
Jersey, such as New Jersey Practice.
The use of freelance paralegal services
is explicitly permitted and encouraged by the New Jersey Supreme Court
to increase a law firm's productivity while reducing costs to the client.
Availability of legal services to the
public at an affordable cost is a goal to which the Court is committed.
The use of paralegals represents a means of achieving that goal while
maintaining the quality of legal services. Paralegals enable attorneys
to render legal services more economically and efficiently. During the
last twenty years the employment of paralegals has greatly expanded,
and within the last ten years the number of independent paralegals has
increased.
In re Opinion No. 24 of Committee
on Unauthorized Practice of Law,
128 N.J. 114, 123 (1993).
Please scroll down to see a list of the
types of matters, separated by court, that we can assist
your law firm with, or click one of the links in the side panel on the
left under the section entitled Our Services.
Paralegal Services for the Superior Court of New Jersey
(Law, Chancery and Criminal Divisions):
o Dispositive Motions for Summary Judgment,
Dismiss for Failure to State a Claim, etc.;
o Pre-Trial, Trial-Related and Post-Judgment
Motions, such as Motions In Limine, for Pendente Lite
Relief, Judgment Notwithstanding the Verdict, New Trial and R. 4:50-1
Motions to Vacate or Modify Judgment;
o Any Kind of Procedural Motions, such
as Default Judgment or Vacate Default, File an Answer or Motion out
of time, Compel or Extend Discovery, Emergent Relief / Short Notice,
etc.;
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o Complex Interrogatories, Requests
for Admissions, Notices to Produce and Subpoenas to Third-Parties;
o Trial Briefs and Legal Research Memorandums
on Any Issue;
o Arbitration Statements;
o Complaints, Verified Complaints with
an Order to Show Cause and Brief, Answers;
o Assistance with Preservation of Issues
and Setting the Record for Appeal (our specialty area).
Paralegal Services for the Superior
Court of New Jersey, Appellate Division:
o Appellate Practice is our Specialty
Area. See our appellate websites at www.appealinnewjersey.com
and www.thirdcircuitappeals.com;
o Motions for Leave to Appeal, Summary
Disposition (Akin to a Trial Court Motion for Summary Judgment), Remand,
Attorney's Fees, Stay of Execution, Extension of Time, Leave to Appeal
Out of Time (Nunc Pro Tunc), Strike Brief or Appendix, Reargument
and Emergent / Same Day Relief;
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o Complete Appellate Practice Services
Including Preparation of the Notice of Appeal and Other Supporting Documents,
Reviewing the Record, Isolating the Appealable Issues and Preparing
the Brief and Appendix;
o Preparation of Memorandums Addressing
the Viability of an Appeal, Standards of Review, Procedures and Other
Issues; and,
o Assistance with New Jersey Appellate
Procedure, Formatting and the Like.
Paralegal Services for the Supreme
Court of New Jersey:
o Petition for Certification;
o Supreme Court Brief;
o Notice of Appeal from Appellate Division
to Supreme Court (for an Appeal as of Right to the New Jersey Supreme
Court).
Paralegal Services for the United States
Bankruptcy Court:
o The only Services we Provide for the
United States Bankruptcy Court are for Adversary Actions, Legal Research
of Any Type of Issue and Bankruptcy Appellate Practice. We do not Prepare
Petitions for Bankruptcy.
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Paralegal Services for the Third Circuit
Court of Appeals and the United States Bankruptcy Appellate Panel:
o Appellate Practice is our Specialty
Area. See our appellate websites at www.appealinnewjersey.com
and www.thirdcircuitappeals.com;
o Motions for Leave to Appeal, Remand,
Attorney's Fees, Stay of Execution, Extension of Time, Leave to Appeal
Out of Time (Nunc Pro Tunc), Strike Brief or Appendix and Emergent
Relief;
o Complete Third Circuit Court of Appeals
and Bankruptcy Appellate Panel Services Including Preparation of the
Notice of Appeal and Other Supporting Documents, Preparation of Statement
of Proposed Inclusions for the Appendix, Reviewing the Record, Isolating
the Appealable Issues and Preparing the Brief and Appendix;
o Preparation of Memorandums Addressing
the Viability of an Appeal, Standards of Review, Procedures and Other
Issues.
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Paralegal services are
recognized nationwide as being compensable as part of an award of attorney's
fees. The following is an indepth article drafted by On-Point Paralegal
Services, LLC, regarding the recovery of paralegal fees in New Jersey.
Fees for an experienced New Jersey paralegal are compensable at the approximate
rate of $80 to $85 per hour. This company, however, charges a flat
rate. Our New Jersey per diem paralegals do not bill hourly.
RECOVER OUR PARALEGAL
FEES AS PART OF AN AWARD OF COUNSEL FEES
The term paralegal in previous years was
synonymous with legal secretary, whereas persons having those titles were
of considerable assistance to attorneys on a day-to-day basis, but did
not exactly work independently of the attorney. That has all changed.
The services provided by most paralegals and legal secretaries
are quite distinguishable in the current day. Litigation paralegals are
now proficient in conducting legal research and the preparation of pleadings,
discovery demands, motions and briefs, without the assistance of an attorney.
Courts throughout the United States are cognizant of this and, as a result,
fees for paralegal services may now be recoverable in most cases wherever
an award of attorney's fees or costs is available. The law in this regard
of nearly three dozen states and federal jurisdictions is set forth in
detail below.
Courts in many instances also make an allowance for paralegal
fees in excess of the amount actually paid for the services to allow the
law firm to reap a profit. The prevailing opinion is that this furthers
public policy because it is an incentive to offering more affordable legal
services to the community.
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The United States and New Jersey Supreme Courts concur
in this opinion. "The United States Supreme Court, in upholding an
award of legal fees based on the market value of paralegal services, stated
that the use of paralegal services whenever possible encourages cost-effective
legal services . by reducing the spiraling cost of . litigation. In Re
Opinion No. 24 of Committee on Unauthorized Practice of Law, 128 N.J.
114, 124 (1992), quoting Missouri vs. Jenkins, 491 U.S. 274, 288 (1989),
and Cameo Convalescent Center, Inc. vs. Senn, 738 F.2d 836, 846 (7 th
Cir. 1984), cert. den., 469 U.S. 1106 (1985) (inner quotation marks omitted).
See also Helton vs. Prudential Property and Casualty Co., 205 N.J. Super.
196, 202, fn. 3 (App. Div. 1985) ("It has been stated that the authority
to grant attorney's fees includes . [r]easonable photocopying, paralegal
expenses, and travel and telephone costs ....") (inner quotation
marks and citations omitted).
Fees are recoverable for paralegal services notwithstanding
whether the paralegal is employed by the firm, or retained per diem. "New
Jersey Rule of Court 4:42-9(b) implicitly recognizes that attorneys use
paralegals by permitting awards of counsel fees to include costs of paraprofessional
services ... It does not distinguish between an employed or retained paralegal."
In Re Opinion No. 24, supra, at 126.
The following are just a few of the caselaws from other
states and federal jurisdictions allowing a recovery of paralegal fees
as part of an attorney's fee or actual cost. The Westlaw search used to
do this research reared nearly 2,000 on-point cases.
California:
In re Conservatorship of Green, 2004 WL 1682134 (Cal. App. 2 Dist. 2004)
($1,555 in paralegal fees awarded); Rancho Santa Fe Ass'n v. Dolan-King
, 115 Cal.App.4th 28, 46, 8 Cal.Rptr.3d 614, 626 (Cal. App. 4 Dist. 2004)
(paralegal fees recoverable);
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Delaware:
McMackin v. McMackin, 651 A.2d 778, 779 (Del. Fam. Ct. 1993) ("In
the past, Family Court Judges have treated paralegal fees in a variety
of ways. Some Judges have permitted them. Other have steadfastly denied
them. In my view, paralegal costs should be uniformly allowed, so long
as certain information is specifically addressed by the supervising attorney
in the fee affidavit presented to the Court"); Turner v. Turner,
1994 WL 811734, *18 (Del. Fam. Ct. 1994) (allowing paralegal fee); Krigstein
v. Krigstein, 1997 WL 728333, *1 (Del. Fam. Ct. 1997);
Connecticut:
Jones v. Ippoliti, 52 Conn. App. 199, 208, fn. 13 (Conn. App. 1999) (court
side-steps the issue);
District of Columbia:
Watkins v. Vance, 2004 WL 1763918, *2 (D. D.C. 2004) (award of $75.00
per hour for paralegal time in an IDEA action);
Florida:
Highlands Carpentry Service, Inc. v. Connone, 873 So.2d 611 (Fla. App.
2 Dist. 2004) ($50 to $85 per hour permitted for paralegal time); Rowl
v. Rowl, 864 So.2d 1236 ( Fla. App. 5 Dist. 2004) ($75 per hour is reasonable);
Georgia:
Santora v. American Combustion, Inc., 485 S.E.2d 34 (Ga. App. 1997) (paralegals
fees recoverable as an "actual cost");
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Illinois:
Taylor v. Barnhart , 2004 WL 1114783 (N.D. Ill. 2004) ($75.00 per hour
allowed for paralegal time);
Iowa:
Walker v. Barnhart, 302 F.Supp.2d 1072 (S.D. Iowa 2003) (paralegal fees
awardable in a Equal Access to Justice Act);
Louisiana:
Stagner v. Western Kentucky Navigation, Inc., 2004 WL 253453 (E.D. La.
2004) ($60.00 per hour for paralegal time);
Maine:
First NH Banks Granite State v. Scarborough, 615 A.2d 248, 251
(Me. 1992) ("We adopt no talismanic formula with regard to the inclusion
of paralegal fees. The Superior Court did not abuse its discretion in
concluding that the fees it awarded were fair and reasonable charges for
the legal services rendered.");
Maryland:
In all of the exhausting legal research performed to author this page,
Maryland is the only state that appears to require that paralegal fees
be paid out of the attorney's hourly rate, at least insofar as the state
construes the term "counsel fees" in Maryland Code, Labor and
Employment, § 3-507.1 . Friolo v. Frankel, 373 Md. 501, 530 (Md.
2003) ("Because the statutes allow only reasonable 'counsel fees,';
the court must exclude any fees of non-lawyers. Charges for paralegals
and legal interns are subsumed within the attorney's fees ");
Massachusetts:
Eldridge v. Provident Companies, Inc., 18 Mass. L. Rptr. 91 (Mass. Super.
2004) (paralegal fees are recoverable as part of an attorney's fee); Price
v. Cole, 574 N.E.2d 403 (Mass. App. Ct. 1991) ($60 per hour for paralegal
fees regarding a frivolous appeal);
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Michigan:
Kissinger, Inc. v. Singh, 304 F.Supp.2d 944 (W.D. Mich. 2003) ($95 per
hour allowable for paralegal time);
Mississippi:
Boroujerdi v. Mississippi State Chemical Laboratory, 2003 WL 23199871
(N.D. Miss. 2003);
New York:
McKay v. Barnhart, 2004 WL 1717377 (S.D. N.Y. 2004) (prevailing rate for
paralegal services in the Southern District of New York is $75.00 per
hour); First Trust & Deposit Co. v. Atkinson, 100 Misc.2d 537, 541
(N.Y. Sup. 1979) (paralegal fees recoverable); Baird vs. Boies, Schiller
& Flexner, LLP, 219 F. Supp. 2d 510 (S.D. N.Y. 2002); McIntyre vs.
Manhattan Ford, Lincoln-Mercury, 176 Misc. 2d 325 (Sup. Ct. N.Y. County
1997); Stratton vs. Department for the Aging for the City of New York,
1996 WL 352909 (S.D. N.Y. 1996);
North Carolina:
Deloach v. Philip Morris Companies, 2003 WL 23094907 (M.D. N.C. 2003)
(paralegal fees are recoverable); Guess v. Parrott , 160 N.C.App. 325,
336 (N.C. App. 2003) (same); Okwara v. Dillard Dept. Stores, Inc., 525
S.E.2d 481 (N.C. App. 2000) (same); Smitheman by Godwin v. National Presto
Industries, Inc., 109 N.C.App. 636, 642-43 (N.C. App. 1993) (same);
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Ohio:
Non-Employees of Chateau Estates Resident Ass'n v. Chateau Estates, 2004
WL 1587234 (Ohio App. 2 Dist. 2004) ($75.00 per hour award for paralegal
time); Specht v. Finnegan, 149 Ohio App.3d 201, 209 (Ohio App. 6 Dist.
2002), citing Jackson v. Brown , 83 Ohio App.3d 230, 232 (Ohio App. 8
Dist. 1992) ("This assignment of error is not well taken. Paralegal
fees are compensable as an element of attorney fees ");
Oklaholma:
Taylor v. Chubb Group of Ins. Companies , 874 P.2d 806, 808-09
(Okl. 1994) (fees recoverable for paralegal services);
Pennsylvania:
Vitac Corp. v. W.C.A.B. (Rozanc) , 854 A.2d 481, 485-86 (Pa. 2004) (paralegal
fees recoverable);
Rhode Island:
Schroff, Inc. v. Taylor-Peterson , 732 A.2d 719, 721 (R.I. 1999) ("We
conclude that paralegal fees should not be categorically eliminated from
the calculus of attorneys' fees since reasonable out-of-pocket expenditures,
beyond normal overhead, are routinely included in the counsel fee award")
;
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South Carolina:
McElveen v. McElveen, 332 S.C. 583, 601 ( S.C. App. 1998) ("The $85,000
in fees and costs awarded to Wife included, inter alia, approximately
$11,000 in paralegal fees . we find no abuse of discretion in his award
");
South Dakota:
Duffy v. Circuit Court, Seventh Judicial Circuit, 676 N.W.2d 126 ( S.D.
2004) ($30 per hour for paralegal time);
Tennessee :
In re Estate of Hamilton, 1995 WL 66619, *4, fn. 2 ( Tenn. App. 1995)
("The fees for Mr. Anderson's services as administrator ad litem
are computed as follows: . 4 paralegal hours x $50 per hour .);
Texas:
Camargo v. Trammell Crow Interest Co., 318 F.Supp.2d 448, 451 (E.D. Tex.
2004) (paralegal fees recoverable in a case under the Fair Labor Standards
Act); Martin v. Zieba, 2004 WL 904077 (S.W. 3d Tex. App. 2004) (paralegal
fees awarded in a matrimonial case);
Virginia:
Although some Virginia lower court opinions denied paralegal fees, which
court's found that paralegals must be compensated out of the attorney's
hourly pay, a more recent case of the Virginia Supreme Court affirmed
a recovery of paralegal fees in addition to attorney's fees. Shepherd
v. Davis , 265 Va. 108, 117, fn. 5 (Va. 2003) ("This sum included
$5,761.48 for expenses and $14,279 for attorney and paralegal fees ");
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Washington:
Business Services of America II, Inc. v. WaferTech, LLC, 120 Wash. App.
1042 ( Wash. App. Div. 2 2004) (paralegal fees recoverable);
Wisconsin:
Samuel v. Barnhart, 316 F.Supp.2d 768 ( E.D. Wis. 2004) ($85 per hour
for paralegal time is "reasonable");
District of Columbia Circuit:
Role Models America, Inc. v. Brownlee, 353 F.3d 962 (D.C. Cir. 2004) (paralegal
fees recoverable); In re Mullins , 91 F.3d 1516, 1521 ( D.C. Cir. 1996)
($75 to $100 per hour);
First Circuit Court of Appeals:
Cummings v. Standard Register Co., 265 F.3d 56, 67-68 (1 st Cir. 2001);
McMillan v. Massachusetts Soc. for Prevention of Cruelty To Animals, 140
F.3d 288, 307-08 (1 st Cir. 1998); Lipsett v. Blanco, 975 F.2d 934, 939
(1st Cir. 1992) ("We begin by considering 24.95 hours attributed
to paralegals-- hours that appellants urge were improperly factored into
the fee award. The efficient use of paralegals is, by now, an accepted
cost-saving device. Recognizing this reality, courts generally allow hours
reasonably and productively expended by paralegals in civil rights litigation
to be compensated at market rates when constructing fee awards . The Supreme
Court has given its blessing to such a practice .) (cases and footnotes
omitted);
Second Circuit Court of Appeals:
Community Television Systems, Inc. v. Caruso, 284 F.3d 430, 437 (2 nd
Cir. 2002) ("The appellee's attorneys submitted a detailed affidavit
outlining their fees, carefully calculated to the nearest tenth of an
hour for every aspect of the litigation. The fees per hour ranged from
$90, for work of a junior paralegal, to between $240 to $275, for the
work of the most experienced attorney on the case. We see no basis for
saying that the District Court exceeded its discretion in making the fee
award. Indeed");
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Third Circuit:
Potence v. Hazleton Area School Dist., 357 F.3d 366 (3 rd Cir. 2004) ($85
per hour for paralegal time is reasonable); Hurley v. Atlantic City Police
Dept., 174 F.3d 95, 131 (3 rd Cir. 1999) ($50.00);
Fourth Circuit Court of Appeals:
Hyatt v. Barnhart, 315 F.3d 239, 255 (4 th Cir. 2002) ("Although
fees for paralegal time may be recoverable under the EAJA, such fees are
only recoverable to the extent they reflect tasks traditionally performed
by an attorney and for which the attorney would customarily charge the
client);
Fifth Circuit Court of Appeals:
Allen vs. United States Steel Corp., 668 F.2d 689, 697 (5 th Cir. 1982)
('Paralegal expenses are separately recoverable only as part of a prevailing
party's award for attorney's fees and expenses, and even then only to
the extent that the paralegal performs work traditionally performed by
an attorney. Otherwise, paralegal expenses are separately unrecoverable
overhead expenses.').
Sixth Circuit Court of Appeals:
Bridgeport Music, Inc. v. Sony Music Entertainment, Inc., 2004 WL 1544347
(6 th Cir. 2004) (paralegal fees are recoverable);
Seventh Circuit Court of Appeals:
Krecioch v. U.S., 316 F.3d 684, 687 (7 th Cir. 2003);
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Eighth Circuit Court of Appeals:
Stockton v. Shalala, 36 F.3d 49, 50 (8 th Cir. 1994) (paralegal fees awarded,
but only at rate of $30 per hour); Miller v. Alamo, 983 F.2d 856, 862
(8 th Cir. 1993) ("Having concluded the Millers' are entitled to
attorneys fees and costs, we grant them attorneys fees totaling $11,610.00
and costs (including expenses associated with paralegals) .");
Ninth Circuit Court of Appeals:
In re Hunt, 238 F.3d 1098, 1105 (9 th Cir. 2001); Davis v. City and County
of San Francisco, 976 F.2d 1536 ( 9 th Cir. 1992) ($90 per hour for paralegal
services);
Tenth Circuit Court of Appeals:
Case v. Unified School Dist. No. 233, Johnson County, Kan., 157 F.3d 1243,
1249 ( 10 th Cir. 1988) ("As to services provided by non-lawyers,
if 'law clerk and paralegal services are ... not reflected in the [attorney's
fee], the court may award them separately as part of the fee for legal
services');
Eleventh Circuit Court of Appeals:
Jean v. Nelson, 863 F.2d 759, 778 (11 th Cir. 1988) ("In the context
of a Title VII case, we have held that paralegal time is recoverable
as part of a prevailing party's award for attorney's fees and expenses,
[but] only to the extent that the paralegal performs work traditionally
done by an attorney. The same analysis applies here. To hold otherwise
would be counterproductive because excluding reimbursement for such
work might encourage attorneys to handle entire cases themselves, thereby
achieving the same results at a higher overall cost ") (citations
and inner quotation marks omitted, emphasis in original);
In conclusion, retaining an independent paralegal is
profitable to law firms, furthers public policy and provides quality legal
services to the general public at a fair rate.
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This company is not affiliated with Westlaw
or Thompson-West.
Our New Jersey paralegals serve all of New Jersey: Sussex
County, Hudson County, Passaic County, Morris County, Bergen County, Essex
County, Somerset County, Warren County, Hunterdon County, Hudson County,
Union County, Middlesex County, Monmouth County, Mercer County, Burlington
County, Ocean County, Bergen County, Atlantic County, Cumberland County,
Ocean County, Camden County, Glouster County, Salem County and Cape May
County.
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