Posts Tagged ‘anthology’

Professionalism Anthology Orders Being Taken

Saturday, August 6th, 2011

Carolina Academic Press has posted The Empowered Paralegal Professionalism Anthology on its website. Most of page is posted here, but you can click through to the Table of Contents and Introduction at the webpage.

Thanks again to all of you who contributed to this project as contributors, editors, and reviewers!

The Empowered Paralegal Professionalism Anthology

Edited by: Robert E. Mongue

Forthcoming August 2011 • $40.00 • 370 pp • paper • ISBN: 978-1-59460-821-6 • LCCN 2011013633


Professionalism is more than dressing well and a profession is more than a group of people engaged in the same career. This book takes a comprehensive approach to paralegal professionalism and the paralegal professional, discussing topics such as establishing a professional identity, regulation, certification and licensing, paralegal associations, paralegals from the perspective of the courts, paralegal utilization, paralegal professionalism, paralegal practice outside the United States, and paralegal education.

“This important book addresses issues that either are or should be at the forefront of every discussion of the paralegal professional today. Paralegals are beginning to acknowledge the heights they have attained, but they have lacked a major scholarly treatise that has examined the profession in a systematic and insightful way. This book provides that scholarly examination. Beginning with a thoughtful overview of professional identity and all its elements, the book then goes on to examine each element of that identity — education, regulation, professional ethics and the attorney/paralegal relationship, and utilization — in academic detail. This framework echoes the issues that define the profession as a whole today. Thus, it is likely that this book will provide the intellectual framework for the discussions that will take place throughout the professional sphere.” — Toni Marsh, Esquire, Director, George Washington University Paralegal Studies Programs

“This anthology delivers on the title’s promise: it is a thought-provoking compilation of issues facing paralegals today and a challenge to individual paralegals to embody professionalism as the profession itself grows and develops.” — Kristine M. Hill, ACP, FRP, Advanced Certified Paralegal, Pensacola, Florida

The Empowered Paralegal Professional Anthology approaches the inherent questions posed to the modern day paralegal in terms of where we have been, who we are, and where we go from here. There is such a diverse background, with regard to education and preparation, in the field that it is refreshing to see a guide that incorporates a historical context, as well as future goals of the profession. It is so very important to understand the value of personal identity in terms of professionalism and ethics, which is crucial, or should I say integral, to how the legal community and the general public view the paralegal or legal assistant. I would highly recommend this book to all presently in the paralegal profession, as well as those interested in pursuing a paralegal career.” — Toylaine Hayman Spencer, Environmental Paralegal, Houston, Texas

Defining Professionalism

Friday, June 24th, 2011

Judge Larry Primeaux posts today on his Chancery Court blog on a post on The Legal Ethics Forum. While it relates to lawyers, its applicable to paralegals as well. Defining professionalism (or even a profession) is not easy and is the subject of The Paralegal Professionalism Anthology which is on the way to the printers and should be available from the publisher soon, as well as a key part of The Empowered Paralegal: Effective, Efficient, and Professional and many posts here.  While the Judge does a good job of summarizing the original post, it is well worth clicking through to the original for a take on professionalism that is not often discussed.

Here’s Judge Primeaux’s post:

The Legal Ethics Forum has a thought-provoking post about a study in Minneapolis in which lawyers were called upon to define professionalism by identifying lawyers they considered exemplars, and by identifying the traits they displayed.  ” … [T]hese exemplars talked about a way of being, of acquiring habits of reflection and soul searching, of questioning their personal assumptions about how to be an effective lawyer, or how to lead other lawyers.”  It’s an interesting addition to the concept of professionalism.

To Regulate or Not to Regulate – a Wisconsin Question

Friday, July 16th, 2010

Back in April I used the state of affairs regarding UPL in Wisconsin to launch a discussion of the possibility of licensing and regulating paralegals as a means of addressing the access to justice problem in the United States. As discussed in previous posts UPL laws and regulations of legal professionals exist amid tension between the need to provide the public with access to justice and the need to protect the public from snake-oil salesmen posing as legal professionals. I noted that what I read on the bar website does not deal at all with the access to justice issue.  I do not favor unregulated snake-oils salesman practicing law – as attorneys or as paralegals. However, it does seem clear we must do more to allow if not provide access to legal services than we do now. A well educated, well trained, well regulated paralegal profession may just be the answer.

Today a paralegal from Wisconsin posted on the Paralegal Today Forum stating,

I’m in Wisconsin, a state which doesn’t license (or register, or certify) its paralegals.  Anyone can call themselves a paralegal here, regardless of whether they’ve worked as one, or studied to be one (I’m getting a post-college certificate).  In recent years, paralegals here have asked the state for permission to be licensed.  The state courts declined the request.  I’ve noticed lots of UPL articles and legislative proposals on our state bar website.  I agree that UPL needs to be prevented, of course, but anyone who attends paralegal school knows how to avoid UPL.  My questions to the list-serv are these:
1) Do you live in a state that doesn’t regulate paralegals?
2) How do you deal with this in your work as a paralegal?

This led to several interesting responses including these:

Ditto for Louisiana. We do have a state certifying exam administered by NALA, but a lot of paralegals do not avail themselves of this certification, because (1) it doesn’t automatically increase their salary, (2) you have to study to take the exam and pass, and then have to pass the CLA exam within 2 years to get the certification, (3) why bother when you can call yourself a paralegal even if you mostly do secretarial work.

Until paralegals across the nation realize that education and continuing education is what puts them above the run of the mill employee, anyone and everyone is going to apply for a paralegal job and give the rest of us a lot of disrespect when they can’t do the job.

AND before we get into that age-old debate about education vs. experience, ALL JOBS, including paralegal jobs include OTJ training and always will. Education only enhances skills.

and

I often see a lot of misunderstanding, misperception, and misinformation about ‘regulation’ of paralegals.  There is only one state that has any sort of mandatory regulation of paralegals and that is California.  Interestingly enough, the California regulatory scheme doesn’t have any kind of agency, board, or other such entity to administer or oversee the regulatory scheme.    There is not one single state that requires paralegals to be licensed, certified, or ‘registered’ in order to function as a paralegal.

NFPA has a section of their website devoted to the regulation issue: http://www.paralegals.org/displaycommon.cfm?an=1&subarticlenbr=795 Scroll down the page and check out their comprehensive chart that details the efforts towards regulation for each state.  Some states offer a voluntary certification program through the state Bar, e.g. TX, OH, and NC.  Florida offers a voluntary registration program.  The WI Supreme Court recently rejected a proposal for mandatory regulation and suggested the proponents look at the Florida FRP scheme as a possible alternative.

Personally, I believe that the UPL issue and regulation of paralegals are two separate and distinct issues.  Most every state has UPL laws, statutes or Bar rules prohibiting UPL by anyone.  Florida has an aggressive Bar and UPL Committee that investigates and prosecutes UPL claims.  The Florida Bar Rules specifically state that non-lawyers offering services directly to the public cannot use the title of ‘paralegal’.  Mandatory regulation of paralegals (who by definition work under the supervision of a licensed attorney) will not prevent ‘John Doe’ from setting up his own shop and offering his services directly to the public.

Whether one agrees with mandatory regulation or not, it would be helpful if we all spoke knowledgeably on this issue.  I think the dissemination of inaccurate information clouds the issue and distorts the message.

Elona M. Jouben, FRP
NWFPA Parliamentarian/Membership-Student Liaison Chair
Litigation Paralegal
Wilson, Harrell, Farrington, Ford
Pensacola, FL 32502

Several months ago I posted a Call for Papers for an anthology on paralegal professionalism. One article submitted is a very good statement of the current status of regulation in the United States and two articles argue in favor of regulation. No one submitted an article opposing regulation – which means I’ll probably have to do that one myself!

I do agree with the last paragraph of Elona’s response above: Whether one agrees with mandatory regulation or not, it would be helpful if we all spoke knowledgeably on this issue.  I think the dissemination of inaccurate information clouds the issue and distorts the message.

The Importance of Writing Right

Sunday, March 28th, 2010

I have often posted here on the importance of writing skills to the professional paralegal. Thus I am pleased to see this announcement and urge you all to check the newest edition of The Paralegal Voice:

The ability to write well is critical for successful paralegals. On this edition of The Paralegal Voice, co-hosts Lynne DeVenny and Vicki Voisin welcome Sally Kane, Esq., Editor-In-Chief of Paralegal Today, to talk about the importance of a paralegal’s writing skills. They will discuss why it’s important for paralegals to write and publish, how to get published, common writing problems and how paralegals can improve their writing skills.

Speaking of publishing, this is a good opportunity to remind you all of the Call for Papers for the upcoming professionalism anthology. The call requests that a notice of intent be submitted in February but such a notice is helpful not required. We are still interested in hearing from paralegal educators, practitioners, and students that would like to participate in this project.

Call for Papers – Paralegal Professionalism Anthology

Monday, January 11th, 2010

Paralegal Professionalism Anthology

R. E. Mongue, Managing Editor

Carolina Academic Press, Publisher

 

The Paralegal Professionalism Anthology announces a Call for Manuscripts. The anthology will be a one-volume edited, peer-reviewed publication addressing the need for scholarly materials relating to many aspects of paralegal professionalism other than the basics of dress, grooming and manners. Manuscripts are sought from paralegal educators, practicing paralegals, paralegals seeking post-graduate degrees and other qualified authors.

The Anthology Editorial Board will consider two types of articles:

  • Major articles—current research, theoretical models, and conceptual treatments— of up to 7,000 words. Manuscripts should address both theoretical and practical implications.

 

  • “Best Practices” articles of up to 4,000 words.  These “Best Practice” articles contain descriptions of new, innovative, and successful programs or practices.  The programs or practices should be replicable and of significance to paralegal education.

 

  • Opinion pieces of up to 2,000 words addressing issues directly relevant to paralegal education.

 

Potential topics for papers include

  • Licensing,  regulation and certification of the paralegal profession
  • Comparative jurisdictional practices
  • Profession identity and development
  • Personal and professional integrity
  • Work Ethic
  • Comparisons to other professions
  • Professional associations
  • Client management
  • Attorney relationship management
  • UPL
  • “Independent,” freelance and contract paralegals
  • Other professionalism topics suggested by authors or discussed at http://www.theempoweredparalegal.com

 

Manuscripts must be submitted by June 30, 2010.  To assist the Editorial Board, a Notice of Intent to Submit with a short statement regarding the type of submission and the topic of the submission should be sent to the managing editor by February 15, 2010. Additional submission information will be provided to potential authors upon receipt of the Notice of Intent to Submit.  Potential authors should feel free to consult with The Anthology managing editor, Robert E. Mongue.  He can be reached at rmongue@olemiss.edu or (662) 915-7293.

Please share this announcement with colleagues and graduate students who may be interested in submitting manuscripts.