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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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Will Paralegals Disappear? The Paralegal Mentor Says “No”!

Recent headlines on the Internet have been alarming:

• Paralegal Jobs are Vanishing….
• Rise of Technology Causing Paralegal Jobs to Disappear?
• Recession, tech killing middle-class jobs…
• Paralegal jobs being overtaken by technology…
• As technology evolves, jobs disappear…

Instead of allowing these dire, attention-grabbing headlines to create a profession-wide panic, let’s give some common sense thought to these predictions.

Background Information:

As recently as 2010 the U.S. Department of Labor, Bureau of Labor Statistics, predicted there will be an 18% growth rate in paralegal jobs through 2020 and that this is one of the fastest growing professions.

It is insulting that the work of a paralegal would be classified as a “routine and repetitive” job, similar to those of a meter reader. The American Bar Association defines paralegals as performing specifically delegated substantive legal work for which a lawyer is responsible. Working as a paralegal is not just a job, but a career. It’s doubtful meter reading can be considered a career.
The reality:

Paralegal jobs will not be obliterated by technology. Instead, technology will change paralegal jobs, as well as paralegal responsibilities and skill requirements. But what’s new?

From the time this profession emerged in the 1970’s, paralegals have had to deal with change. The unwritten rule has always been that you either kept up or you were out of a job.

From the manual typewriter to the good old Selectric to today’s desk tops, iPads, laptops, and smart phones, paralegals have accepted new challenges and met expectations. Often it is the paralegal who introduces the new technology to their employers and then trains the staff to use it.

One more thing: the legal field will always require the human touch. Software cannot soothe clients, decide what must be done, or run by itself. Software cannot deal with court staff. Software cannot be relied upon to be correct. A good example is your spell check! The training and expertise of the paralegal, as well as the ability to deal with people, will always be needed.

What should you do?

Don’t be frightened by these headlines. Instead, do what you have been told to do over and over again:

• Observe trends in the industry. If business is slow in your focus area, take necessary steps ensure you will have a job, perhaps in another specialty area.
• Never stop learning; take advantage of CLE opportunities.
• Pursue professional certification.
• Become an expert in your focus area.  This will require work on your part which might include pursuing advanced certification, returning to college, and keeping up with new rules and case law.
• Be the one establishing systems and routines that will help your employer.
• Watch for new technology, adopt it, and learn it. Never — ever — refuse to use it.
• Prepare a great resume and keep it up to date.
• Use social media. It’s here to stay, folks, and it’s a great networking tool, as well as an excellent way to learn about new trends, technology and tools.

The bottom line? Remember that headlines are designed to grab your attention. Lately, they have caused paralegals to fear for their future.

Don’t fall for this! Instead, study and interpret the materials yourself so that you can make wise decisions. Then follow the steps above so your career will continue to move in the right direction: forward.
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© 2013 Vicki Voisin, Inc.  Do you want to use this article in your newsletter, ezine or Web site? You can, so long as you include this entire blurb with it:

Vicki Voisin, “The Paralegal Mentor”, delivers simple strategies for paralegals and other professionals to create success and satisfaction by setting goals and determining the direction they will take their careers. Vicki spotlights resources, organizational tips, ethics issues, and other areas of continuing education to help paralegals and others reach their full potential. She is the co-author of The Professional Paralegal: A Guide to Finding a Job and Career Success. Vicki publishes Paralegal Strategies, a weekly e-newsletter for paralegals, and hosts The Paralegal Voice, a monthly podcast produced by Legal Talk Network.

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• Volunteers to apply stickers to multiple Superstorm Sandy Helping Legal Handbooks.
• Before these legal handbooks can be mailed to the victims of the hurricane, an error in the handbooks must be corrected.
• These legal handbooks are in great need in the areas hard-hit by the storm.
• We will coordinate one mailing project date and time according to the majority of the available volunteers.

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Australian Experts Report First Known Quintuple Negative

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