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December 2006



Regulation Update

The role of the NALS Regulation/Certification committee is to:

  • track regulatory agencies or legislative bodies in states regarding regulation
  • monitor bar associations and other associations
  • inform members on the status of regulation

We research paralegal regulation and licensure and other issues affecting legal professionals via NetScan, a research service; Internet research; trade magazines, etc.  Research shows that regulation of paralegals is being introduced, enforced, and/or overseen by different entities, i.e., supreme courts and/or bar associations (often times through paralegal committees/divisions).  It has also become apparent that we are now dealing with two components regarding regulation.  First, there’s “regulation” which is voluntary in some areas and mandatory in others; and second, as bar associations continue to establish paralegal divisions within the bar and allow paralegals to join bar associations, the various association exams are being used as criteria or qualifiers for this purpose.  We are using our best efforts to make sure that NALS' exams are included; fortunately, some doors are being opened.  NALS members have been appointed to task forces in Alabama, Mississippi, and South Dakota.  The research this committee has accumulated is voluminous.  You can find a very small sampling of current research in a handout recently used in the NALS Online Learning Center at:  http://www.nals.org/onlinelearning/materials/olc.111506.doc

There is a recent article written by Claire Estrin who is the CEO of the Los Angeles based Estrin LegalEd, titled “Think You're Not Affected by Regulation?  You Might Want to Think Again.”  (http://www.paralegalgateway.com/Regulation.html).  Her article states that, "[t]his rapidly spreading trend [referring to regulation] across the U.S. sparking arguments both for and against the standardization of the profession shows no signs of relenting."  She goes on to state that, ”[g]oing, going, going are the days when anyone who wanted to could call themselves a paralegal.”  Please read this article and anything else you can lay your hands on regarding paralegal regulation.  Take a few minutes to periodically Google "regulation of paralegals."  If you do it frequently enough, you'll be able to weed out the current information.  NALS members are learning that their careers can and will be directly affected by regulation. 

NALS recently sent a letter to state bar associations to make them aware (or in some cases, remind them) of who we are.  We included background information regarding NALS and its certification program.  We have asked that our certification exams, specifically the Certified Professional Paralegal exam, be considered and that NALS members be included in discussions regarding regulation.  We need to be prepared if NALS members are asked to join in these discussions.  In the coming months we [the NALS Regulation/Certification Committee] will be organizing information to be available to any individual who is asked to serve in this capacity.  Without the local grassroots constituency involved, we cannot possibly expect bar associations (or whatever entity oversees this issue) to include NALS’ exams without input from the people who benefit the most. 

We need the members' help to keep us apprised when they hear about these issues within their states; members need to be vigilant about issues affecting their careers.  But we also need to make sure that our members have the information they need to help us get the recognition we deserve. 

If you have any questions, comments, or information to share, please contact:  September D. Holmblad, PP, PLS (sdholmblad@comcast.net) and Nikkie Rice, PLS (kannr@earthlink.net), Co-Chairs of the NALS Regulation/Certification Committee; or consider posting a question in the NALS Online Community. 

 

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