Leading the Way - June 2009
How Does Paralegal Regulation Affect YOU?
by Shirley Caroline Bryant, PLS, 2009-2010 Regulation/Certification Committee
Paralegal regulation is increasingly affecting legal professionals in the 21st century and creates unique challenges wherever it is implemented. Although only a handful of states have followed through on regulating the paralegal profession, there are several other states that are striving for regulation. There is a good chance that in the future, the states that failed to regulate paralegals on the first attempt will try again to do so. Many believe that regulation is one of the most vital issues affecting paralegals in the future.
However, this does not mean that paralegal regulation will affect everyone in the same way. Regulation takes many forms, including mandatory or voluntary certification, mandatory or voluntary registration, and licensure. Additionally, some states have adopted well-defined standards for paralegals that have some bearing on how paralegals are expected to do their jobs. Currently, Texas, Florida, North Carolina, and Ohio have voluntary certification or registration programs through state bar associations.1 Four other states, specifically Delaware, Iowa, Louisiana, and Pennsylvania, offer voluntary certification through various paralegal associations.2 Several other states have attempted to regulate paralegals, mostly through licensure, the establishment of standards for paralegals, paralegal registration, and mandatory paralegal certification.3
Most paralegals working in states that have adopted paralegal regulation are held to a higher standard through voluntary certification. Regulation affects their professional lives because they are now expected to maintain certain qualifications in order to stay certified. Staying up-to-date with the latest regulatory issues is important to their careers. Certified paralegals are well-versed regarding the requirements needed to comply with voluntary certification. Some paralegals work in states that are considering regulation and, as a result, need to be watchful of any developments that affect their careers. Still others are employed in states that have not yet established any type of regulation. What will happen if and when their states decide to adopt paralegal regulation? What should you do if this happens to you?
The first thing you should do is stay informed regarding the presence of regulation in your state. You should arm yourself with all the knowledge you can find about this issue. One way of achieving this is by being involved in a legal support professional association, which monitors current paralegal issues such as regulation. NALS is an excellent resource for up-to-date information on regulatory activity in the United States and Canada. The Regulation/Certification Committee continually monitors regulation in all 50 states and Canada so that NALS’ knowledge remains current. Additionally, members of NALS have access to publications that report on changes in the legal support services profession as well as current news affecting all legal support professionals. Local and state bar associations will typically have information concerning regulation issues in your state. Some bar associations also have paralegal sections, which are knowledgeable on the subject of paralegal issues. You could also monitor state legislation for paralegal regulation issues. Some state legislative websites allow users to sign up for updates on current proposed legislation. As a last resort, you could also check with the American Bar Association website, which provides information on regulatory activity in all 50 states. To access the ABA’s map, please follow this link: https://www.abanet.org/legalservices/paralegals/pararegdir/home.cfm.4
The second thing you can do is be aware of the different types of regulation that exist in your state. Find out what the regulations say and what you need to do to stay employable. For example, if the regulation is in the form of voluntary certification, then you are not required to certify. However, given the economic downturn and the possibility of your job being in jeopardy in the future, you may decide to certify to in order to remain competitive in the field. If the certification is mandatory, then there may be no choice but to certify with the appropriate organization. The worst thing you can do is ignore the issue, which could eventually cost you your job. Licensure is much more restrictive than certification and will affect your ability to work in your field if you do not comply with the rules outlined therein. Registration, whether voluntary or mandatory, promotes professional recognition for the paralegals who choose to apply, offers the paralegal certain privileges, and grants paralegals permission to perform certain tasks that unregistered paralegals cannot execute.5 How you cope with registration could be similar to your approach to certification.
The third thing you should do is become aware of the specific regulation requirements that exist in your state. In some states, current paralegals are grandfathered in and are given extra time to meet the new regulatory requirements. This policy exists with the North Carolina Bar Association, which has a two-year-long grandfather clause that gives paralegals credit for the on-the-job training they have received.6 If the regulation requirements involve obtaining further education, then you should take a course or earn a degree. If your time is too restricted to attend school during the day or evening, or if you cannot find the appropriate courses, then maybe online courses are the answer. Online courses are much more prevalent now than in the past and their flexibility makes them compatible with a busy professional’s schedule. NALS regularly offers free CLE throughout the year.
Regulation, if not already present, is well on its way. All individuals must educate themselves to minimize the potential negative impact on their careers and to survive the changes that regulation will bring. What a paralegal is willing to do depends on his/her ability and/or willingness to meet certain requirements. For some individuals, it may not be worth the effort or expense to do this. Unfortunately, others may not have a choice..
If you have any information regarding regulatory activity in your state, please contact Antoinette B. Van Schaick, PP, PLS (ambvpls@yahoo.com), Chair of the NALS Regulation/Certification Committee.
References
1American Bar Association, Directory of Paralegal State Activity, 11 February 2008, prepared by the Standing Committee on Paralegals, American Bar Association, [database online], available from https://www.abanet.org/legalservices/paralegals/pararegdir/home.cfm, Internet, accessed 14 May 2009.
2National Federation of Paralegal Associations, Paralegal Regulation by State, February 2009, [database online], available from http://www.paralegals.org/associations/2270/files/REGULATION_CHART_02_09.pdf, Internet, accessed 16 May 2009.
3Ibid, National Federation of Paralegal Associations.
4Ibid, American Bar Association.
5Spokane County Bar Association, Paralegal Registration Procedure, 12 December 2007, [application online], available from http://www.spokanebar.org/paralegal_registration/letter.html, Internet, accessed 16 May 2009.
6“Alliance for Paralegal Professional Standards, Frequently Asked Questions, 2002, [information online], available from http://www.apps-nc.org/faq.html#_What_if_I, Internet, accessed 14 May 2009.