The Empowered Paralegal

Karen Greer McGee, ACP
NALA President 2010-2012

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One of my areas of research is the development of the paralegal profession in other countries. In many paralegals serve a different function than that served here in the U.S. This article from the Punjab Newsline has an almost military tone when describing people volunteering to serve as paralegals:

4th batch Paralegal Volunteers given training in Ferozepur

Thursday, March 29, 2012 – 14:15
By Harish K Monga
FEROZPEUR : In the judicial complex of Ferozepur, the 6th session training of 4th paralegal volunteers was given to different category of people under the leadership of Rekha Mittal, District and Session Judge, Ferozepur, with the motive of training them as Paralegal Volunteers.

Karnail Singh, Civil Judge Senior Divison cum-Secretary District Legal Services Authority, Ferozepur gave the knowledge to the volunteers on cases relating to civil laws, cheque dishonour and the schemes being run under the District Legal Service Authority.

On this occasion, Harish Umar, Civil Judge, Junior Division, Surinder Sachdeva, ADA Legal, K.D.Syal, President Bar Association, Ferozepur were also present. Karnail Singh hailed the volunteers to work for the betterment of the society and motivated them to make people aware about the legal rights and duties. He said that these trained paralegal volunteers will be put on duty at legal aid clinics being opened at the village level and thirty volunteers were also issued the identity cards on this occasion.

There are some common threads in all countries though. For example, just as in Punjab, American paralegals are “hailed…to work for the betterment of the society and motivated them to make people aware about the legal rights and duties.” I and other bloggers such as The Paralegal Mentor and Chere Estrin of “The Estrin Report” do some of the hailing, but more so the various paralegal professional associations such as NFPA, NALA, and NALS, all of which feature these as parts of their ethical codes and mission statements. But I think the drive to work for the betterment of society and motivation to make people aware of their legal rights and duties is so common to those who chose paralegalism as a career (as opposed to as just a job) that it must be an inherent trait.

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Deadline Extension – April 1

The deadline for submitting student nominations for the NALA Certified Paralegal Scholarship Award has been extended to April 1. The award will recognize two graduating paralegal students who excel in their academic paralegal studies, have demonstrated strong leadership, and plan to take the CP Exam.

Visit www.cengage.com/community/paralegal for complete award details and guidelines.

Submit your student nomination today!

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There is proliferation of website proporting to give information about paralegal careers, educational opportunities, and the like. Unfortunately some, even if well-intentioned, ought not to be relied upon by anyone. For example, one such site (no, I will not give a name or link) states, “Obtaining paralegal certification in Colorado is relatively simple witih some excellent community college and degree programs available to those seeking a paralegal qualification.” Aside from the poor proofreading and editing (yes, I expect more from this type of website than I do of a blog), this is quite misleading and contributes to the general confusion regarding the distinction between obtaining a paralegal certificate and getting paralegal certification.

I do not believe that Colorado as a state requires or provides for certification of paralegals. (Please feel free to forward me the information if I am wrong on this.) In any case, this website provides no information on paralegal certification either as it pertains to Colorado or to certification exams offered by NFPA or NALA. Rather they offer some, not really helpful information regarding some paralegal programs that provide paralegal certificates and degrees.

Bottom line – if you want to know about paralegal education go to a well-established, respected source such as the American Association for Paralegal Education. (Disclosure: I am on the Board of Directors) Likewise for paralegal certification: check the websites for NFPA, NALA, and comparable professional associations. FMI: Check out The Paralegal Professionalism Anthology.

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One of the many keyword searches that brought a searcher to this blog was “what are the benefits of membership in NALA and NFPA?” Part of the answer can be found by clicking on the significant number of posts in the “Professional Associations” category link. But this search was of particular interest to me because I am in the middle of doing a final edit on the galley proofs of the chapter on paralegal associations in The Empowered Paralegal Professionalism Anthology. So this provides me with an opportunity outside of the acknowledgments pages of that book to thank NFPA, NALA, and NALS for their permission to reprint materials from their websites that assist in illustrating the many benefits of belonging to the respective associations.

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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.

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The benefits of belonging to a paralegal professional association have been discussed often on this blog. (See Professional Associations category) They are also the subject of a recent post on the Paralegal Today discussion forum: “Hello, I am about to complete my BA in Criminal Justice and plan to pursue a Master of Professional Studies (Paralegal) in January. Do you think it would benefit me (networking, possible scholarship opportunities, etc.) to join an organization like NALA as a student?” I agree with the answer given by Tina Medlock,

I’d suggest joining a national association and your local affiliate of that organization. Networking at the national level is always great, especially if you want to relocate, or you work throughout the country, or national involvement is part of your professional goals. However, your networks built through local affiliate will give you a much more specific chance to learn and grow as a professional. You’ll have more chances to meet people within your local legal community; more chances to volunteer; and more chances to be able to pick up the phone, call across town, and say “Hey Alice, how do you do this?

Benefits of membership are also the topic of a Paralegal Voice podcast that I recommend:

On this edition of The Paralegal Voice, co-hosts Lynne DeVenny and Vicki Voisin welcome Patricia E. Infanti, PP, PLS, President of NALS, the Association for Legal Professionals, and Kathleen R. Amirante, PP, PLS, the association’s President Elect, who discuss the opportunities provided by membership in a professional association. They look at the history and mission of NALS, what NALS is doing to attract a diverse membership and how they are informing attorneys and the general public about the qualifications for using the title ‘paralegal’.

However, I’d like to emphasize that paralegal professional association provide more than just networking and similar benefits. They provide opportunities – opportunities to advance not only oneself, but the paralegal profession itself and the communities to which the paralegal professionals belong.  So, yes, join paralegal professional associations, but do not just join them – participate, volunteer, lead those associations.

By the way, NALA 35th Annual Convention and Exhibition will be in Jacksonville, Florida July 14-17, 2010, the NALS 59th Annual Education Conference & National Forum is scheduled for October 21-24, 2010 in Branson, MO, and the 2010 NFPA Regulation / National Leadership / PACE Ambassadors Joint Conference will be June 4-6, 2010 in Washington DC.

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Lest one gets the wrong impression regarding the paralegal profession from the goings-on in Jefferson Parish, I am taking this opportunity to point out that NALA’s new president elect is Karen Greer McGee, ACP, First Deputy Clerk for the Second Circuit Court of Appeal in Shreveport, and a member of both the Louisiana State Paralegal Association and the Northwest Louisiana Paralegal Association. NALA’s announcement was made on March 26th, but I’m just getting to it, inspired by being in New Orleans for a visit and planning taking a look at the paralegal studies program at Tulane University tomorrow.

Congratulations, Karen! The demonstration of your qualifications and dedication to the profession could not have come at a more opportune time for the paralegal profession in Louisiana.

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I had a very interesting and enjoyable time last night as The Paralegal Mentor’s“Mastermind” Call of the month. I believe there is still time so sign up for a recorded version of the call at The Paralegal Mentor’ssite. Alsom, check out the other services, many free, offered there.

There is only time for a quick follow-up today and I will focus on Vicki Voison’s statement that as a new paralegal in a small town she found it necessary to “enlarge her world.” It seems to me that this is sound advice not only for each paralegal individually but for the profession as a whole.

In order for the profession to obtain a unified identity (which is not the same as unanimity of opinion), there has to be as much interaction between the members of the profession as possible, together with an exchange of ideas, concerns, problems and solutions. This has, in the past, been done through personal participation in professional associations such as NALA, NFPA and NALS, and I believe that is still the best way. However, social media presents an additional opportunity in this regard through listservs, forums and blogs.

I encourage each of you to participate as fully as you can in each of these opportunities. Professional associations provide opportunities for you to network and satisfy ethical obligations. Listserv, forum and blogs provide opportunities not only to learn, but to contribute to the development of the profession. Each of you has something valuable to contribute through your comments to blog posts, responses to listserv questions and, in general, the telling to others of your experiences, espeically those experiences that result in solutions to problems.

Certainly I view that this blog not as a forum for me, but for the paralegal profession. Your contributions are not only welcome, but strongly solicited.

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Check out what the Lafayette Paralegal Association (Louisiana) has done as it celebrates its 25th anniversary as reported at theadvertiser.com:

Celebrating their 25th Anniversary this year, the Lafayette Paralegal Association (LPA) was organized in 1984 to identify common goals and objectives in the paralegal profession. The number of paralegals in the workforce has more than doubled in recent years, and so has the LPA membership. LPA members live and work in Lafayette and the surrounding Parishes. Open to all paralegals, the Association has categories for persons who are actively working as a paralegal under an attorney’s supervision and for those who are not actively working (associate members) as paralegals. There are also categories for students and sustaining members.

LPA strives to promote the paralegal profession through continuing education, fellowship, and networking within the legal community, and by encouraging professional ethics. LPA works closely and coordinates with local Bar Associations. In the last few years, we have made great strides in promoting continuing education by encouraging certification and by providing guest speakers at monthly meetings who present varied topics of interest to members and to members of our community. Continuing Legal Education (CLE) credits have been approved by NALA (National Association of Legal Assistants) for most of our presentations.

Consider especially the inclusion of the term “fellowship” as well as “networking.” Almost all associations provide an opportunity for networking. A group that provides fellowship is a treasure, indeed! Given its twenty-five year history with increasing membership it appears that LPA is such a treasure.

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