The role of a Paralegal can be defined various ways, some of which are as follows:
Bureau of Labor Statistics defines paralegals or legal assistants as individuals that “assist lawyers by investigating facts, preparing legal documents, or researching legal precedent…conduct research to support a legal proceeding, to formulate a defense, or to initiate legal action.” (http://www.bls.gov/oes/current/oes232011.htm#nat)
American Bar Association: “A legal assistant or paralegal is a person, qualified by education, training or work experience who is employed or retained by a lawyer, law office, corporation, governmental agency or other entity and who performs specifically delegated substantive legal work for which a lawyer is responsible.” (http://www.americanbar.org/groups/paralegals.html)
National Federation of Paralegal Associations: A Paralegal is a person, qualified through education, training or work experience to perform substantive legal work that requires knowledge of legal concepts and is customarily, but not exclusively, performed by a lawyer. This person may be retained or employed by a lawyer, law office, governmental agency or other entity or may be authorized by administrative, statutory or court authority to perform this work. Substantive shall mean work requiring recognition, evaluation, organization, analysis, and communication of relevant facts and legal concepts.” (http://www.paralegals.org/displaycommon.cfm?an=1&subarticlenbr=788)
The above definitions beg the question of which definition is correct and which one fully defines a paralegal. Which definition fully states what we believe to be a paralegal? What definition should associations adopt across the United States? Which definition will the Courts accept? Each definition stated above stresses the importance of education, supervision by an attorney and substantive legal work (that is non-clerical in nature) that would otherwise be completed by an attorney. So, what can a paralegal really do? What are our limitations? Here is the short list:
A. Paralegals must communicate to the client that they are not an attorney;
B. Paralegals cannot be partners in a law firm;
C. Paralegals cannot share legal fees;
D. Paralegals are permitted to have business cards, their name on firm letterheads and sign correspondence as long as it has the appropriate designation;
E. Paralegals cannot give legal advice; and/or
F. Paralegals cannot sign pleadings, appear in court, set fees or receive bonuses that are tied to a particular case.
What is the difference between a paralegal and a legal document assistant? According to the Alliance of Legal Document Assistant Professionals, “A Legal Document Assistant (LDA) is a non-attorney, qualified by experience and education, who is authorized to provide self-help legal services to a consumer who is representing himself or herself in a legal matter. A Paralegal is authorized by law only to perform substantive legal work for a licensed attorney, law firm or in-house legal department. Paralegals are not permitted to provide services directly to members of the public.” (http://www.aldap.org/ethics.htm)
Some states have already adopted definitions for legal document preparers, but have not clearly defined paralegals. Who should make these types of decisions? The Courts, the States - should there be statutes and legislation or reliance upon case law? Who will ultimately respond to these questions?
What are the educational differences and requirements to sit for the various tests offered by the following organizations: National Association of Paralegals (NALA) (http://www.nala.org/) - the Certified Paralegal/Certified Legal Assistant Exam (CP/CLA) and the Advanced Paralegal Certification (APC); National Federation of Paralegal Associations (NFPA) (http://www.paralegals.org/) - the Paralegal CORE Competency Exam (PCCE™) and the Paralegal Advanced Competency Exam (PACE®); American Alliance of Paralegals, Inc. (AAPI) - the American Alliance Certified Paralegal application (AACP); National Association of Legal Secretaries (NALS) (http://www.nals.org/) - the Professional Paralegal Exam (PP)? Which test is the right test? Will any of the tests be approved by the Courts to certify a paralegal? Who will monitor the UPL requirements of paralegals? States like Florida, Ohio and North Carolina are some of the few that have Certification programs through their state bar associations. States like Pennsylvania, New Jersey and Delaware have Certification programs through their state or local paralegal associations. Other states like Florida, Ohio, Kentucky and North Carolina are some of the few that have Certification programs through their state bar associations.
There are three (3) types of regulation: Registration, Certification and Licensure. Why is regulation important? As attorneys confront challenges in their daily practices to provide quality legal services to their clients, attorneys need to be assured that the paralegals they employ to assist in their practice are better educated and qualified to provide legal services. Members of the public indirectly rely on the work performed by paralegals and many times directly rely upon information given to them by paralegals. Paralegals should know and understand their ethical duties, their limitations under the Unauthorized Practice of Law statutes, and meet minimum standards of paralegal competency. Although most states with a regulatory scheme have a voluntary program, it does give the attorney a much-needed benchmark to assist with hiring practices and hopefully reduce ethical violations, unauthorized practice of law violations, and malpractice claims. Regulation will not prevent attorneys from hiring any non-lawyer as a legal assistant or paralegal but it will help attorneys to identify qualified candidates and allow the attorney to publicize the employment of a certified or registered paralegal
There seem to be more questions than answers; more gray areas than clear black and white ones. How can individuals hold themselves out as professional paralegals when no one knows or even understands what that role means and entails? What should the requirements be? Should someone right out of school hold the same position and salary recommendation as someone who has been in the legal field for over ten (10) years and is just now getting the recognition they deserve? What are the educational requirements, degrees or certificates which should determine becoming a paralegal?
Some of the benefits for employers to utilize paralegals are reduced costs to clients, lower legal fees, increased client contact, court approved paralegal fees, pro bono opportunities, liaison with Court personnel, proficiency in electronic filings, specialized services and competitiveness in legal community (http://www.americanbar.org/groups/paralegals.html). Some of the issues facing the paralegal profession include outsourcing, disbarred/suspended attorneys working as paralegals, cutbacks, work satisfaction and growth/promotion opportunities. However, according to the Bureau of Labor Statistics, “The number of jobs for paralegals is expected to grow much faster than the average for all occupations through 2018. Law firms will hire more paralegals to help lawyers prepare their cases. More people and businesses will need legal help. Many people like these jobs, so new workers are expected to face competition.”
A student and/or a working paralegal should be interested in these issues and many of the other issues facing the paralegal profession. A way to do that is to make professional development a part of your daily program or schedule. Remember VIPER:
A. Volunteer - for pro bono or community service projects or assignments
B. Involve - get involved in a committee or group with the local paralegal association
C. Participate - in a luncheon or special event in the legal community or local paralegal association
D. Educate - continue your legal education through seminars or conferences
E. Respect - continually have respect for your chosen career
Valerie A, Dolan, R.P.®, Pa.C.P. is a litigation paralegal with the law firm of Hangley Aronchick Segal Pudlin & Schiller and currently serves as Region IV Director of the National Federation of Paralegal Associations, Inc. (NFPA®). NFPA is a non-profit professional organization representing more than 10,000 paralegals and is headquartered in Edmonds, WA. NFPA’s core purpose is the advancement of the paralegal profession. Information about NFPA can be found at www.paralegals.org.
