Paralegal Services Explained

Paralegal support in Texas family law centers on three primary functions: legal drafting, discovery management, and legal research. Each function involves specific tasks and processes that support attorney case handling.

Legal Drafting

Legal drafting involves preparing court documents, pleadings, motions, and settlement agreements according to attorney instruction and legal requirements. Paralegals create initial drafts that attorneys review and approve before filing or delivery to opposing counsel.

Pleadings

Pleadings are formal documents filed with the court that establish the parties, claims, and relief requested. In Texas family law, common pleadings include original petitions for divorce, responses to petitions, and counter-petitions.

An original petition for divorce must include specific information required by Texas Family Code Section 6.401, including the parties' names, marriage date, grounds for divorce, and requested relief regarding property division, conservatorship, and support. A paralegal drafts this document following attorney direction about the facts and desired relief, ensuring compliance with statutory requirements and local rules.

Motions

Motions are requests for the court to take specific action or issue particular orders. Common motions in family law include motions for temporary orders, motions to modify conservatorship or support, motions for enforcement, and motions to compel discovery.

A motion to modify conservatorship under Texas Family Code Section 156.101 must allege either that circumstances have materially and substantially changed since the prior order, or that the child is at least 12 years old and has expressed a preference for a change in custody. The paralegal drafts these allegations based on facts provided by the attorney, includes supporting legal citations, and requests specific relief.

Orders

Proposed orders set forth the specific terms the attorney wants the court to adopt. These include temporary orders, agreed orders, and final decrees. The paralegal drafts the order language following the attorney's direction about what provisions should be included.

A final decree of divorce must address property division, debt allocation, conservatorship, possession and access schedules, child support, and any other relevant issues. The paralegal organizes these provisions in the required format, ensures proper legal citations, and incorporates specific terms the attorney has directed based on settlement negotiations or anticipated court rulings.

Settlement Agreements

Settlement agreements document the terms parties have negotiated to resolve their case. These might be mediated settlement agreements or informal settlement proposals. The paralegal translates negotiated terms into proper legal language, organizing provisions clearly and ensuring enforceability.

Discovery Management

Discovery is the formal process through which parties obtain information and documents from each other. In family law cases, discovery typically focuses on financial information, business documentation, and custody-related records.

Discovery Requests

Discovery requests are formal demands for information or documents. The two primary types are requests for production (demanding documents) and interrogatories (written questions requiring written answers).

Requests for production in a high-asset divorce might target tax returns, bank statements, business financial records, real estate documentation, retirement account statements, and evidence of separate property claims. The paralegal drafts specific requests designed to obtain the information the attorney has identified as necessary for the case.

Interrogatories ask questions about facts, witnesses, or claims. Common interrogatories in family law include questions about income sources, employment history, separate property claims, and custody-related issues. The paralegal drafts questions that elicit the specific information needed while complying with numerical limits and procedural rules.

Discovery Responses

When the opposing party serves discovery, the attorney and paralegal must coordinate a response within the deadline established by Texas Rules of Civil Procedure—typically 30 days. The paralegal works with the attorney to gather responsive documents, prepare objections, and compile complete responses.

For document requests, the paralegal coordinates with the client to obtain responsive materials, organizes documents by request number, prepares a privilege log if withholding any documents, and assembles the production. For interrogatories, the paralegal drafts answers based on information provided by the attorney and client, subject to attorney review and client verification.

Document Organization

Discovery often produces large volumes of documents, particularly in complex cases. The paralegal organizes these documents into usable categories, creates indexes, and prepares summaries to help the attorney identify relevant information.

For example, if the opposing party produces five years of bank statements across multiple accounts, the paralegal might organize them chronologically by account, create a spreadsheet tracking large deposits or withdrawals, and flag transactions that appear relevant to property division or reimbursement claims.

Deadline Tracking

Discovery involves multiple deadlines: service deadlines, response deadlines, and dates by which certain discovery must be completed before trial. The paralegal maintains a calendar tracking these deadlines and ensures responses are prepared with sufficient time for attorney review before the due date.

Legal Research

Legal research involves finding and analyzing statutes, case law, and procedural rules relevant to specific legal issues in a case. Paralegals conduct research based on defined parameters provided by the attorney.

Statutory Research

Statutory research focuses on identifying and interpreting relevant provisions of the Texas Family Code or other applicable statutes. For example, an attorney might ask a paralegal to research the requirements for terminating parental rights under Texas Family Code Section 161.001.

The paralegal locates the statute, reads it carefully, identifies the specific grounds and procedures, and prepares a memo explaining what the statute requires. This might include noting that termination requires both a finding of specific conduct and a finding that termination is in the child's best interest.

Case Law Analysis

Case law research involves finding and analyzing court decisions that interpret statutes or establish legal principles. An attorney might ask a paralegal to find cases addressing whether post-separation appreciation of separate property is community property.

The paralegal searches legal databases for relevant Texas cases, reads the decisions, identifies key holdings and reasoning, and prepares a memo summarizing how courts have addressed the issue. The memo should include proper case citations and explain how the cases apply to the specific facts of the current case.

Procedural Research

Procedural research addresses the rules governing how cases proceed through the court system. This might involve researching notice requirements for hearings, deadlines for filing certain motions, or requirements for serving documents.

For example, if an attorney needs to know the notice period required before a hearing on temporary orders, the paralegal would research the applicable local rules and Texas Rules of Civil Procedure to determine the minimum notice period and any specific requirements for the notice content or method of service.

Research Deliverables

Research results are typically delivered in written memos that summarize findings, cite relevant authorities, explain how they apply to the case, and identify any limitations or unresolved issues. The memo should be organized clearly, use proper legal citations, and provide enough detail for the attorney to understand and use the research without conducting it again themselves.

Quality Standards Across All Services

Regardless of which service is being performed, certain quality standards apply to all paralegal work in family law cases.

Accuracy

All work must be factually accurate and legally correct. This includes proper party names, correct case numbers, accurate statutory citations, and compliance with procedural requirements. Errors undermine attorney confidence and create additional work.

Clarity

Documents should be clearly written and well-organized. Motions should explain requests logically, discovery should be organized for easy reference, and research memos should present findings in a way that allows the attorney to quickly understand and apply the information.

Compliance

All work must comply with applicable rules. This includes Texas Family Code requirements, Texas Rules of Civil Procedure, and local court rules. The paralegal should verify applicable requirements before drafting documents or preparing discovery.

Timeliness

Work should be completed within agreed timeframes, with sufficient time built in for attorney review before any filing deadline. If issues arise that will affect the timeline, the paralegal should communicate with the attorney promptly rather than missing deadlines.