Here it is! California State Bar’s Limited License Legal Technician Proposal:

http://board.calbar.ca.gov/docs/agendaItem/Public/agendaitem1000010722.pdf

The proposal’s Executive Summary says:

EXECUTIVE SUMMARY

In March 2013, the Board Committee on Regulation, Admissions & Discipline Oversight created the Limited License Working Group  (“Working Group”)  to explore the issue of licensing legal technicians and whether to create a limited license to practice law program in California. Legal Technicians are not fully licensed attorneys. They would be licensed to provide limited, discrete legal services to consumers in defined legal subject matter areas only.

The bottom line:

ISSUE – Should the State Bar of California propose a further study, development, and implementation of  a limited license to practice law program in California?

CONCLUSION -Yes.

So some progress is being made, but I am always leery of the study groups conclusion that an issue should be further studied. Sometimes that’s just a way to bottle up a proposal. (See, e.g., Congress.)

Thanks to Barbara there’s been a lot of discussion of this issue on various LinkedIn discussion boards. Some of that discussion is excerpted on this blog here.

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The Paralegal Place has an article entitled, “The Importance of an ABA Accredited Paralegal School” that suggests that it is only worthwhile getting an degree or certificate from an ABA Accredited program. This is simply not the case. While I do not have the time for a full statement of why this is so, I did make this comment:

It is important that students investigate the quality of the program they are considering before enrolling and committing to the expenditure of thousands of dollars on a degree or certificate. However, there are many fine programs that are not ABA Accredited. ABA Accreditation itself costs schools thousands of dollars and hours of time that could be expended on student services if not devoted to the ABA. Some programs, while meeting most or even all of the ABA requirements, chose to put those funds into the program rather than into the ABA coffers. Note that there is no documented evidence for the often made claim that “most” law offices and legal departments only hire graduates of accredited programs. While this may true in some areas, it is far from true in many others.

Note also that the ABA Guidelines for Approval are designed by attorneys, not paralegals or paralegal educators. While I’ve been proud to be an attorney for over 35 years, it was not until I became a paralegal educator that I really understood the paralegal education process. The American Association for Paralegal Education’s mission statement is “Recognizing the need to increase and improve access to the legal system, the American Association for Paralegal Education (AAfPE) promotes quality paralegal education, develops educational standards and encourages professional growth, in order to prepare graduates to perform a significant role in the delivery of legal services.” Rather than run automatically to the ABA, prospective students should check the AAfPE website for assistance in Finding a Quality Program.

Our program at Ole Miss is not ABA Accredited as a result of a decision on how best to expend resources in an age when legislatures are cutting budgets, but an even better example is the George Washington University master’s degree program.

It should also be noted that the ABA does not accredit paralegal programs. This is done by regional accreditation boards. The ABA just “approves” paralegal programs. For more on this click here.

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A passion for the practice of law and a dedication to clients in need were two of the reasons that Dennyce Korb of Rapid City was recently named the 2013 AAJ Paralegal of the Year.

Korb, a paralegal at the Johnson Eisland Law Offices in Rapid City, has been a paralegal for 30 years and has participated in nearly 100 cases at trial, mostly on behalf of clients injured by nursing home abuse, medical malpractice or defective products.

Korb was nominated for the national award by Gregory A. Eisland; she was unanimously selected by a panel of judges from the American Association of Justice, which administers the award.

Congratuations, Dennyce.

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The discussion is based on a story in the California Bar Journalthat states:

Looking for ways to increase consumer protection and expand legal services to poor Californians, the State Bar’s Board of Trustees began studying the idea of limited-practice licensing following a bar retreat in San Diego this January. The working group, an advisory body that will ultimately make a recommendation to the Board of Trustees’ Regulation, Admissions and Discipline Committee, held its first public meeting on April 11. The group heard from Littlewood and other speakers, including a representative from the Law Society of Upper Canada.

The article also does a fairly good job of describing the program recently initiated in the state of  Washington.

Of particular interest is Barbara’s initial comment and Kathleen Mountjoy’s response, both of which are set forth below in full. I haven’t asked for permission to do this re-posting so Barbara, Kathleen, and NFPA, if there’s an objection, please let me know and I’ll remove them.

Barbara:

The concern I have is about whether the California State Bar is the appropriate vehicle for oversight of any limited license legal technician or whether instead a division of the California Department of Consumer Affairs is the better avenue. At present, Consumer Affairs has a division for licensed professional fiduciaries and private investigators. The Secretary of State’s office is charged with monitoring immigration consultants (and hasn’t done a very good job of it, frankly, but that’s not entirely the SOS’s fault, the code is missing any educational requirements and doesn’t specify any continuing legal education requirements either).

The State Bar is the entity that monitors lawyers’ behavior and makes sure that the lawyer monopoly is protected. Therefore, it would have a direct conflict of interest if it was also charged with determining what falls in the realm of work for limited license legal technicians and what is outside the scope and thus UPL. It seems to me that a more independent board charged with this responsibility, answerable to the Dept. of Consumer Affairs would be the better and more objective entity to make that call.

Kathleen:

Regarding Barbara’s comments. Good thinking on the DOCA oversight authority. However, LDAs are governed by the DOCA and it does nothing. ALDAP complained to the DOCA, providing investigative reports and evidence concerning fraud upon unknowing consumers (we performed a number of sting operations much like contractors do). We reported to the State Bar, local law enforcement, including District Attorney’s offices and DOCA. No response from the DOCA. The other agencies did respond, but it took months.

Before its demise, ALDAP was working on a proposal that the Secretary of State should be the agency to govern LDAs inasmuch as it already governs notaries and immigration consultants. I really like how the SOS maintains a page on its website where consumers can look up an immigration consultant’s credentials and photograph. I also like how the SOS sent me a re-register letter the week before my IC registration lapsed.

I transcribe immigration trial tapes and can tell you from the testimony I have banged out that the ALJs are well aware of the fraud and incompetence of ICs and actually, many know the worst ICs by their business or personal name. They ask who did your paperwork and they ask other questions such as where did you meet this person, how much did you pay, what is their address, phone? It is up to the ALJ and the federal attorney to report these abusers and they do – or at the least, it has been placed on record that they plan to do so.

It seems to me that the SOS would be the best “monitor” as you are correct, Cal Bar only has quasi authority over non-attorneys. In any event, as we at ALDAP were told, California does not have a budget or means to investigate non-attorney consumer protection fraud. Some of the DA offices told us that its fraud unit can only handle child abuse, elder abuse and bad checks – all due to budget cuts.

I doubt this licensing will gain teeth just yet. And it will be interesting to see the legislation itself if and when it appears. Registration vs. licensing? Law Students or law grads? But let us hope, for the sake of consumers, that paralegals and LDAs not be allowed to provide legal advice. Yes, there are those that would be exceptional, but there are far more who could cause harm consumers’ rights and remedies due to lack of knowledge and misperception of the law/statutes. I have seen paralegals time and time again, create documents with points and authorities which were incomprehensible. As a paralegal I know to seek legal advice from competent attorneys and I do for my own personal legal matters.

LDAs are, pursuant to statute, allowed to provide published information to their clients. In that regard, I supply my clients with rules of court, attorney practice guide information and sample documents – and any other writings or publications I can locate if necessary. This helps self-representing court users to gain success with their legal matters and I avoid UPL. If my clients are unable to comprehend the materials, I tell them that they should seek the services of legal counsel. This is also pursuant to statute. However, such a determination is in and of itself UPL. My provision of the published information creates a threshold for which such a determination may be made.

Finally, AB 590 provides for mandatory attorney pro bono work on behalf of impoverished parties in civil cases who meet the “criteria.” I would like to see Cal Bar institute mandatory pro bono attorney clinics – to work much like MCLE – where attorneys are required to donate so many hours to providing any and all inquiring consumers with free legal advice (much like the law library programs).

The article states, “If Washington State’s experience and California’s history is any indication, it could be a long and contentious road ahead for a State Bar of California group exploring the idea of a limited-practice licensing program.” This is likely true. However, I do hope that at the end of that road is a good legislation creating the limited license. It is important for the paralegal profession, but even more important is the effect it can have on the access to justice problem in the United States.

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The article is A Little Primer on Citation. As you might suspect based on the title, the article does a good job of setting out the basics of legal citation setting out a quick “anatomy of a case citation” lesson. Citations are part of legal writing. Like grammar, spelling, and punctuation, getting the citations right is an important part of any writing assignment completed by a legal professional. As Daphne states, “because if their citations aren’t uniform, they look…well…unprofessional.” So take a few minutes to follow the link and read the article. While there take a few more minutes to look around the Paralegal Society’s website. It’ll be worth the time.

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The article covers several common mistakes: 1. You’re vs. Your, 2. They’re vs. Their vs. There, 3. Lose vs. Loose, 4. It’s vs. Its, 5. Effect vs. Affect, 6. Alot, and 7. Then vs. Than, giving examples of each. Ilya gives this advice:  Edit your work, or ask someone else to glance at it for you. These errors may seem insignificant, but your intelligence will be questioned when these mistakes are discovered…and they will be.  One that I’ve notice cropping up more and more lately is “sell v sale,” i.e., people using the noun “sale” when  meaning the verb “sell” and the verb when meaning the noun.

One commentator responding to the article states, “Such a strong judgement. Erroneous typos happen. Makes us human.. Just saying…” It is true that typos occur especially in informal writing like this blog, but the misuse of words in their entirety is commonly not a typo but a misunderstanding of the meaning and correct use of the words themselves. Also, the article asks people to “edit their work.” While typos occur professionals do all they can to minimize them and must certainly make every effort to see that their work product – correspondence (including email), pleadings, memoranda, and the like use correct grammar. I frequently suggest that students and practitioners alike consult Grammar Girl’s website and subscribe to the podcast. The podcast lessons are short, clear, informative, and well-researched. Most of us can (and should) always learn a bit more and all of us can use refreshers!

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This blog is not on any ABA blog lists of which I am aware. I like to think it is because I am an attorney writing for and about the paralegal profession not a paralegal, so it does not qualify for the paralegal blog list or the attorney blog list. I suppose it just be though that they don’t like the blog.

In another NFPA LinkedIn discussion, Jaylin asks, “Hi! I work in a small law firm with three attorneys, and I am the only paralegal. I want to create a checklist to keep track of the routine process that each file goes through. It is meant to be a reminder to me and the attorneys of what still needs to be done with that specific client. The checklist should include items such as retainer amount, received Attorney-Client Agreement, checked deadlines of Statutes of Limitation, tasks requested by the client, etc. Do any of you have such a checklist that you like that you can forward to me? I appreciate any ideas that you have. Thank you!” Marianna Fradman of the NYCPA responds with a reference to a piece by Oliver Gierke, a contributor to The Empowered Paralegal Professionalism Anthology, “I would recommend an article posted on IPE website by Oliver Gierke. Although written with a complex litigation case in mind, it spells the basic rules that can be applied to any case. I hope that you will find it helpful. Here is the link http://www.nbi-sems.com/Enbi/Email/cToolsOfTheTradeFebruary2013.htm?goback=%2Egde_1124767_member_210285841. “ I’m a big fan of checklists and organizational aides. A paralegal professional is well-organized and, like Jaylin, takes the initiative to assist in making the entire law office more effective and efficient.

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Chapters 12 and 13 are clearly the high points!

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