Today’s post returns to a frequent topic here – volunteering as an essential part of being professional. (See the “Volunteering” category.) But today instead of the sermon coming from me, I’m relying heavily on two posts from other blogs. First, Lynne DeVenny at Practical Paralegalism has a post entitled “Be the ONE – Message to Paralegals,” that reports, ” Kathy Para, an attorney for Jackonsville Area Legal Aid in Jacksonville, Florida and the Jacksonville Bar Association’s Pro Bono Committee Chair, is looking for legal professionals to be “The One” to help make a difference, even if it’s in a single pro bono case.”

This post is excellent not only for the report, but for the additional information Lynne provides including these links:

The National Pro Bono Volunteer Opportunities Guide
Directory of Pro Bono Children’s Law Programs
The National Domestic Violence Pro Bono Directory
CASA State and Local GAL programs

Finally, Lynne provides her own story as encouragement:

Many of my posts here have pointed out that volunteering is an opportunity to network, gain experience, and satisfy ethical obligations. The bottomline though is that it is an opportunity to do good. Networking, experience, satisfying ethical obligations and feeling better about oneself are just terrific side-benefits that contribute to professionalism.

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Yesterday’s post concerned a non-paralegal accepting a position as a paralegal while not having the qualifications required for the job and then quitting because she was not given any meaningful work. This story seems somehow related, but I can’t quite put that relationship together. Anyway, a candidate for Kenner (Louisiana) mayor, is having trouble justifying his claim that he worked as a paralegal in the Jefferson Parish Attorney’s Office. He has

produced a copy of a Nov. 9, 1998, letter on Jefferson Parish letterhead from Tom Wilkinson, the parish attorney at the time, to then-Finance Director Penny Anderson, transferring Yenni from Citizens’ Affairs to the attorney’s office as a full-time paralegal making $11.75 per hour effective two days earlier. He also provided a parish personnel form noting his Jan. 15, 1999, resignation as a paralegal.

But in response to a request for public records of Yenni’s work as a paralegal, the parish on Wednesday released only a form indicating he started working as a temporary “typist clerk” making $5.23 per hour on Aug. 31, 1998. Handwritten on that form is “Resigned 1/15/99.

I let the Louisianan politicians and voters sort out whether Yenni actually worked for the parish attorney or was just paid from his budget for working as a typist clerk in another department, something which appeared to have happened with some regularity in Jefferson Parish. My question is by what standard did Yenni qualify to work as a paralegal anywhere at anytime? According to the report at Nola.com,

Two weeks ago, The Times-Picayune reported that the biography page at www.electmikeyenni.com said Yenni at one point in his career was “Director of Communications with the Jefferson Parish Sheriff’s Office.” The page also said that when he became director of the Citizens Affairs Department, he oversaw an operating budget of $116 million.

In reality, while working in Citizens Affairs, Yenni said he “directed communications” with the Sheriff’s Office during Carnival parades. And his budget was closer to $1 million.

Be that as it may, there is no indication under either description of his experience that he has any experience, education, or certification that qualifies him as a paralegal. I don’t know about the courts in Louisiana, but I am sure the Minnesota Court of Appeals would agree. Unfortunately it continues to appear that just about anyone can call themselves a paralegal.

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The Minnesota Court of Appeals has ruled that an unemployment law judge used the wrong standard in determining what was suitable work for a position advertised as a paralegal position. The unemployed person had had ten years experience as a contract manager drafting, analyzing, and negotiating contracts. She then accepted a position paralegal position with  an annual salary of $60,000:

The description provided by UCare summarized the position’s major responsibilities as: “Provide the General Counsel with legal support, particularly in contract drafting, review and management. Serve as a key legal resource for the Government Programs Department, providing assistance in regulatory research, review of RFP or application documents, and legal support in conjunction with regulatory audits.” Relator remained at UCare for 23 days. She attended some training sessions and meetings, but was given little work to do. Relator requested additional work from her supervisor and was given a couple of projects, including looking in the file cabinets where contracts were kept, but not the type of extensive contract work that she had been accustomed to working on in her previous positions. Relator later asked her supervisor if she could look into getting some contract database-management software for UCare, but “was basically making work for [herself].” Relator was also asked to look up agency addresses for the Government Programs Department.

There was a lot going on in this case, much of it confusing. The part that caught my interest was this:

In addressing suitability, we begin by reviewing relator’s challenge to one of the ULJ’s findings. The ULJ found that relator “has more than ten years experience as a paralegal and has extensive experience in contract management.” While it is undisputed that relator has extensive experience in contract management, there is nothing in the record to support the ULJ’s finding that relator has more than ten years of experience as a paralegal. As relator points out, she has over ten years of experience as a contract manager, but has never asserted that she has any experience as a paralegal. We agree that there is not substantial evidence in the record to support the ULJ’s finding that relator had more than ten years of experience as a paralegal. …. The paralegal position advertised by UCare required a bachelor’s degree in paralegal studies or a similar legal-assistant program. UCare also required “[a]t least three years experience as a paralegal or legal assistant, including experience in contract review and drafting as well as legal and regulatory research.” The ULJ concluded the paralegal position with UCare was suitable for relator because “[t]here is no evidence in the record showing that the employer breached any promise to [relator] or made any misrepresentation as to the nature and type of work assigned to a paralegal in this organization.”

A lot of questions arise, including why UCare offered and the employee accepted a position requiring a bachelor’s degree in paralegal studies, when she did not have the required degree and experience she did not have for work the employer did not need to be performed. But most interesting is the fact that the Court of Appeal recognizes that being a paralegal requires more than just being able to “drafting, analyzing, and negotiating contracts.” It would have been dicta, but it still would have been especially interesting for the court to state exactly what more was required to convert experience drafting, analyzing, and negotiating contracts into experience as a paralegal. (The degree is education rather than experience.)  Inquiring minds want to know!

The court’s opinion is unpublished but posted at Leagle: Popularizing the Law

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The Lake County News-Sun reports on a “Guardianship Help Desk” set up by the Lake County Bar Association:

“It’s to help assist these people going through the process and making the court process more efficient,” Rochford said.

Staffed by volunteer bar association attorneys and paralegal student volunteers from the College of Lake County, assistance is provided for people petitioning the court for guardianship of a minor child. The free service is for people establishing a legal relationship with a child not their own to make decisions about the child’s education, health and welfare, Rochford said.

Many people were involved in making the project work.

Circuit Judge Diane Winter, who presides over Probate Court, said many people coming into her courtroom often had incomplete or incorrectly completed paperwork, forcing the judge to assist with the paperwork.

“This was all very time-consuming for me to get these cases into court. I was only able to hear a few cases in a few hours. Now we can serve more litigates,” Winter said.

She said the help desk makes the system more efficient. Rochford said many people were frustrated with the system and previously had to come to court multiple times due to paperwork issues.

The help desk was in planning for about a year and involved cooperation by many, including county clerks and administrators, the bar association, the sheriff’s office and College of Lake County students, Winter and Rochford said.

But, of course, I am focusing on the paralegal students. I generally promote and encourage this kind of volunteering anyway, but this one is of particular interest because it demonstrates how access to justice can be improved through wise utilization of paralegals. Since each attorney can supervise several well-trained paralegal, more people gain access.

Paralegal assistants from the college received special training last fall so they work on the help desk, said Gayle Miller, CLC’s department chair of paralegal studies.

Nearly 30 students signed up, and about 20 attorneys have registered to supervise, Miller said. Because paralegals are not qualified to offer legal advice, Miller said there is always a supervising attorney at the help desk.

This project also provides a networking opportunity and experience for the students, as well as good exposure to the public. Those helped by the project, at least, will have a better understanding of the role of a paralegal as part of the legal profession.

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The Hartford Courant reports on foreclosure prevention forums presented by the Greater Hartford Association of Realtors. They are “aimed at borrowers who have questions about the foreclosure process, avoidance programs and legal services.”  According to the report:
The forums will include a panel of experts that include: an attorney from the Connecticut Fair Housing Center; an official with the Connecticut Housing Finance Authority; and a real estate agent.

Free one-on-one counseling with trained paralegal students from the University of Hartford and the University of Connecticut. Real estate agents also will field questions.

Aside from the fact that “Free one-on-one counseling with trained paralegal students from the University of Hartford and the University of Connecticut” is not a sentence (I often threaten to have a “Not a sentence” stamp made for correcting papers), it is an interesting concept. I assume the students are somehow working under the supervision of the attorney. In any case, it is an excellent opportunity for the students to gain experience, begin what I hope will be a lasting practice of providing pro bono service, and for the borrowers to gain useful information – not only about foreclosure but about the role paralegals can play in providing access to justice.

I’d like to hear from anyone who knows more about this project.

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Several threads on discussion boards I’ve been reading laterly concern the difficulty of getting hired with no experience and the difficulty of getting experience if you can’t get hired. As mentioned in a previous post, one way to get that experience and network at the same time is through volunteering. Here’s an opportunity from the LinkedIn Paralegal Network:

From the Chicago Paralegal Network:
Volunteer with Illinois Legal Aid Online

http://www.illinoislegalaidonline.org/index.php?volunteer

Volunteer Opportunity Description: In an effort to make the legal information on http://www.illinoislegalaid.org , http://www.illinoislegaladvocate.org , and http://www.illinoisprobono.org available to a wider range of Illinois residents, we are looking for paralegals and other professionals to transcribe video webcasts that appear on these websites. The websites have over 400 webcasts that need to be transcribed for the deaf and hearing impaired. Webcast trainings are sponsored by a variety of organizations and present material in a variety of legal practice areas. The legal information presented in these webcasts is intended for low income Illinois residents, pro bono attorneys and legal aid advocates.

Volunteers with paralegal or transcription experience are preferred, but is not required for this work. Volunteers must be proficient typists. Legal expertise in a specific area is not necessary, as all transcribed material will be reviewed by an attorney prior to being posted on the website. Volunteers can be located anywhere, as all work can be conducted over the internet.

Interested volunteers should contact Multimedia Coordinator Susan Muirhead at 312.977.9047 ext. 17 or smuirhead@illinoislegalaid.org.

To paraphrase a previous post, doing good for others makes you feel better about yourself. The decision to do something beneficial to others with your time puts you in charge of that time rather than letting your circumstances be in charge of you. These two “attitude adjustments” will go a long way towards helping you find employment. After all, other factors being equal the candidate with the professional attitude is more likely to be hired than the one with out. These attitude adjustments will also take some of the sting out of the waiting-to-be-hired period.

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The paralegal profession continues to deal with questions of identity and definition as can be seen by responses to this post on the Legal Assistant Today listserv:

I am new to this blog, new to this profession-I’m actually finishing my certificate in the spring.Although I hope to get into mediation practice, I want to spread my skills out as far as I can over the legal spectrum. So in order for me to get started as an independent paralegal, I’m trying to design a business card. Does anyone have any ideas about what I can put on my business card other than just “Independent Paralegal”?

Aside from the question of whether there is a role for truly “independent” paralegals within the current American legal system and, if so, what that role should be, there is some confusion in this instance as whether the person making the post means “independent” or “freelance.”  The post also raises questions about education, certification, and experience. All of these questions are raised by Rachel in her response:

The paralegals I know who are freelancers all have years–as in 20, 30 years–experience in this profession and did not jump from a certificate to a full blown, attorneys knocking down their doors, career.

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Marianna Fradman of Real Estate Paralegal at Blank Rome LLP posts on the NFPA Linkedin webpage, a paralegal volunteering opportunity in the Safe Horizon Domestic Violence Law Project:

Day Time Pro-Bono Paralegal Volunteer Opportunity for NYCPA members
Safe Horizon Domestic Violence Law Project
Day Time Pro-Bono Paralegal Volunteer Opportunity
New York City Paralegal Association Members are welcome to apply.

Background:
• The Safe Horizon Domestic Violence Law Project (DVLP) provides Legal Information, Advocacy, and Representation to Low-Income and Indigent Victims of Domestic Violence, in Family Justice Proceedings within New York City.
• Family Justice Proceedings Include: Order of Protection, Custody, Visitation, Support, and Divorce Cases.
• DVLP Staff Members also Provide Basic Legal Information and Referrals via a Legal Intake Line.

Project Requirements:
• Volunteer Paralegal should have Knowledge of or Willingness to Learn Family Law and Domestic Violence Related Issues.
• Required Experience: One Year Legal Work Experience, Family Law Experience Preferred.
• Responsibilities Include: Filing Legal Documents in Court, Assisting with Trial Preparation and Discovery Requests, Proofreading Legal Documents, Cite Checking, Preparing Correspondence, Transcribing Recordings, and Assisting Clients with Uncontested Divorce Cases.
• Scheduling/Location: One Day a Week, Five Hours, in Brooklyn, New York (Day Time Only)
• No College Credit nor Stipend Offered (Credit Towards a Graduate School Clinic available)

I have previously posted here regarding the important role volunteering plays in satisfying a paralegal’s ethical obligation to “serve the public interest by contributing to the improvement of the legal system and delivery of quality legal services, including pro bono pubilco services,” (NFPA Model Code of Ethics, Rule 1.4) and the networking benefits. This one looks as thought it would also be a good addition to a resume and provide invaluable experience.

It is good to see these opportunities posted, but you do not have to wait for them. Often they can be created by paralegals seeking to volunteer, network and gain useful experience. Look around, be creative and approach organizations in need of help.

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California’s legislation relating to paralegals has come up in previous posts, particularly Independent Paralegals and UPL. The legislation capped “CAPA’s [California Alliance of Paralegal Association] longtime goal of obtaining a statutory definition of the paralegal/legal assistant titles came to fruition in 2000 with the passage of AB 1761, now codified as California Business and Professions Code sections 6450 et seq..”

The definition itself does not add much to that agreed upon by ABA and NALA:

6450. (a) “Paralegal” means a person who holds himself or herself out to be a paralegal, who is qualified by education, training, or work experience, who either contracts with or is employed by an attorney, law firm, corporation, governmental agency, or other entity, and who performs substantial legal work under the direction and supervision of an active member of the State Bar of California, as defined in Section 6060, or an attorney practicing law in the federal courts of this state, that has been specifically delegated by the attorney to him or her. Tasks performed by a paralegal include, but are not limited to, case planning, development, and management; legal research; interviewing clients; fact gathering and retrieving information; drafting and analyzing legal documents; collecting, compiling, and utilizing technical information to make an independent decision and recommendation to the supervising attorney; and representing clients before a state or federal administrative agency if that representation is permitted by statute, court rule, or administrative rule or regulation.

However, the legislation puts some meat on the bones of the phrase “who is qualified by education, training, or work experience,” stating,

(c) A paralegal shall possess at least one of the following:
   (1) A certificate of completion of a paralegal program approved by the American Bar Association.
   (2) A certificate of completion of a paralegal program at, or a degree from, a postsecondary institution that requires the successful
completion of a minimum of 24 semester, or equivalent, units in law-related courses and that has been accredited by a national or
regional accrediting organization or approved by the Bureau for Private Postsecondary and Vocational Education.
   (3) A baccalaureate degree or an advanced degree in any subject, a minimum of one year of law-related experience under the supervision
of an attorney who has been an active member of the State Bar of California for at least the preceding three years or who has
practiced in the federal courts of this state for at least the preceding three years, and a written declaration from this attorney
stating that the person is qualified to perform paralegal tasks.
   (4) A high school diploma or general equivalency diploma, a minimum of three years of law-related experience under the
supervision of an attorney who has been an active member of the State Bar of California for at least the preceding three years or who has
practiced in the federal courts of this state for at least the preceding three years, and a written declaration from this attorney
stating that the person is qualified to perform paralegal tasks. This experience and training shall be completed no later than December
31, 2003.
   (d) Every two years, commencing January 1, 2007, any person that is working as a paralegal shall be required to certify completion of
four hours of mandatory continuing legal education in legal ethics and four hours of mandatory continuing legal education in either
general law or in an area of specialized law. All continuing legal education courses shall meet the requirements of Section 6070.
Certification of these continuing education requirements shall be made with the paralegal's supervising attorney. The paralegal shall
be responsible for keeping a record of the paralegal's certifications.
   (e) A paralegal does not include a nonlawyer who provides legal services directly to members of the public, or a legal document
assistant or unlawful detainer assistant as defined in Section 6400, unless the person is a person described in subdivision (a).

Many persons within the paralegal profession argue against regulation of the profession. On the other hand, independent paralegals may point to the fact that this legislation was sought by CALA and question the motivation behind the legislation. Still other note that the preference given to ABA approved programs is intended to create or advance a monopoly by the ABA on the legal profession.

So the question remains, does minimal regulation such as California’s benefit the paralegal profession? Whether or not it does, does it benefit the public?

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In her comment to a previous post on independent paralegals Melissa H. of Paralegalese expressed a concern regarding UPL issues. This concern is well grounded. As noted by Mary Kay Lieberman, RP, in DCBA Brief: Journal of the De County Bar Association in May of 2002,

There are cases on point about paralegals and other nonlawyers being prosecuted for the unauthorized practice of law. Although not all cases have been included, listed below are some cases of interest.

a. Statewide Grievance Committee v. Patton:1 Defendants provided customers a form to indicate the type of service they requested. The service provided legal documents for nonlawyers to file in their own uncontested legal actions. The question was whether the acts performed were those commonly understood to be the practice of law.

b. Attorney Grievance Commission v.Hamilton:2 The attorney was charged with violating the rule that prohibited a lawyer from assisting unlicensed persons in the unauthorized practice of law when the attorney failed to adequately supervise a paralegal in the representation of a church at a zoning hearing.

c. Davis v. Woolridge:3 Lawsuit filed against 40 independent paralegals in the San Bernardino County Superior Court charging the paralegals with unauthorized practice of law. This suit was filed in 1997.

d. In re Reed:4 The court ruled that Christine Mandjik, who runs Affordable Court Assistance and is a nonlawyer bankruptcy petition preparer, did not engage in the practice of law by advising a debtor about which exemption to select on her bankruptcy papers.

e. In the Matter of Arons:5 A lawsuit was filed in the Supreme Court of the State of Delaware by the Office of Disciplinary Counsel against Marilyn Arons and others for engaging in the unauthorized practice of law. Arons runs the Parent Information Center of New Jersey and provides services to parents of disabled children in due process headings before administrative agencies.

f. Florida Bar v. Catarcio:6 Florida Supreme Court ruled that a paralegal may not use the phrase “free consultation” to advertise legal form preparation service.

g. Furman v. Florida Bar:7 The Florida Bar prosecuted a former legal secretary and tried to have her jailed for helping poor and middle-income people complete routine divorce forms. The Florida’s governor granted her a pardon and she did not serve any jail time.

h. Oregon State Bar v. Smith:8 Robin Smith, an independent paralegal who ran Peoples Paralegal Service, was put out of business after being successfully sued for unauthorized practice of law.

In the Furman matter the former legal secretary was sentenced to eighteen months of jail time. This is significant even though she did not serve the time due to the pardon.

In some states a distinction is made between “paralegals” and “legal document preparers” with the latter being subject to regulation. the California Legislature enacted legislation recognizing and regulating the industry. Since 2000, all California independent paralegals have been classified as Legal Document Assistants and have to register with the Department of Consumer Affairs, post a bond, and meet minimum education and experience qualifications. Paralegals working under the supervision of an attorney have escaped this type of regulation. The regulation that does exist, according to ABA.net,

In California, the desire to increase standards has resulted in legislation that sets out a higher standard of education and mandatory continuing education for paralegals. Sponsored by the California Alliance of Paralegal Associations, California Business & Professions Code Sections 6450-6456 became effective on Jan. 1, 2001. Under the California statute, it is unlawful for a person to identify himself or herself as a paralegal unless he or she has met the qualifications of the statute and performs all services under the direction of a qualified lawyer. Further, the terms “paralegal,” “legal assistant”, “lawyer assistant,” “freelance paralegal,” “independent paralegal,” and “contract paralegal” are synonymous under Section 6454.

The California statute does not establish a governing body, mandatory competency testing, or mandatory registration for the paralegal profession. It does not provide for moral character checks or a disciplinary system. However, it creates a crime enforceable by the courts and allows consumers to bring a cause of action against an individual who violates the law.

I have received communication from Efrem Martin of  Martin Paralegal Services LLC  www.martinparalegalservices.com addressing this issue. It states in part,

Thank you for putting our conversation for others to view and I am always open to good discussion regarding the paralegal profession.  I am a rare breed of paralegal because I know most paralegals are really concerned about being accused of UPL but I have been in this field too long and understand the difference between answering questions and giving legal advice, my entire background in the Criminal Justice System has prepared me to address any attorney, judges and anyone else regarding UPL, the Supreme Court has already spoken on this issue and their is case law so I am never concerned.  Efrem

For Efrem, as I suppose it was for Furman, this is more than simply a matter of career or profession. In discussion another point regarding blogs, he states (again in part),

I will not ever provide a forum like yours for just paralegals there are too many of them out there and they are used primarily to give information to paralegals.  I have a greater mission and that is to make sure those people who represent themselves in court that I provide to them information in order for them to make a better decision, I cannot help all Pro Se Litigants trust me I refer a lot of people to attorneys because their cases are more complicated then they think and only an attorney will be able to help the.

I think one point on which we can all agree is that the ultimate goal must be to benefit the public as much as possible. I like to focus in particular on the role paralegals can play in bring services to those who might otherwise not be able to afford or obtain access to legal services. The question, of course, is how best to accomplish this goal.

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