Regulation/Certification
We have been asked what this committee is all about. This
appears to be a good time to enlighten our members regarding
what this committee does and how very important it is that
all members watch the activities in their states and help
us in our research.
The primary role of this committee is to research regulation
issues and other issues affecting legal professionals
and report the findings to the members of NALS. We do
this by tracking regulatory agencies and legislative
bodies throughout the United States. We also monitor
bar associations and other professional associations
to see what is going on in those associations, as well
as doing internet research and reading trade magazines.
We have members in various states appointed to task forces
that are dealing with these issues in their states.
In our research, we have found that regulation of paralegals
is being introduced, enforced, and/or overseen by different
entities, i.e., supreme courts and/or bar associations
(often 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
striving to make sure that NALS exams are included. Not only is certification
becoming the criteria for regulating paralegals in some states, but also for
joining bar association paralegal divisions.
Below are some definitions that might help you understand
better the issues we are dealing with:
Regulation is defined by Black’s Law Dictionary as “the
act or process of controlling by rule or restriction.”
The term can be used generically to include an array of
different methods of controlling—regulating—any profession.
Various processes may be used to give authority to an individual
to do certain types of work within the profession. Such
processes may include:
Accreditation. This is a voluntary
process through which one may be given recognition after
meeting certain predetermined requirements, qualifications,
or standards. Normally, accreditation is applied to institutions
or programs of study.
Certification is often defined simply
as the “act of certifying.” In this context, certification
is a voluntary process by which an individual is given
recognition, usually by a nongovernmental agency or association,
after the individual has met certain predetermined qualifications
imposed by that agency or association. The
qualifications might include graduation from an accredited
program, successful completion of a qualifying examination,
completion of a given amount of work experience, or a
combination of those elements.
Licensure. The Black’s Law Dictionary
definition of “license” is interesting: “A revocable
permission to commit some act that would otherwise be
unlawful.” “Licensure” would then be the granting of
such a license. Licensure is normally granted by an agency
or branch of government. After meeting certain predetermined
qualifications established by the licensing authority,
an individual would be granted permission to engage in
a given occupation and/or use a particular title. The
license might have restrictions, resulting in one of
the following:
Limited
Licensure, in which the governmental entity would
grant authority that is limited by established parameters,
such as allowing non-lawyers to assume roles that are customarily
performed by lawyers to perform work limited to specific
practice areas, such as domestic relations, real estate,
or bankruptcy law, with strict limitations on the types
or items of work that can be performed.
Restricted Licensure, in which the governmental entity
would grant authority that is restricted to a certain period
of time or specific project.
Specialty
Licensure, in which the governmental entity would
grant authority allowing non-lawyers to assume roles that
are customarily performed by lawyers in a specialty practice
area. This type of license may stand on its own or be the
second tier of a two-tiered licensing program to expand
the scope of work allowed in that particular specialty
practice area.
Registration is merely a process by which an individual
would list his or her name with an association or agency
and could be either voluntary or mandatory. Usually, no
education or training is required, but references and/or
bonding might be.
We need you, our members, to help keep us apprised when
you hear about issues within your states. Not only do NALS
members need to be vigilant about issues affecting their
careers, but we also need to make sure that we have the
information we need to help us get the recognition we deserve.
If you have any questions, comments, or information to share,
please contact: Nancy T. Harris, PP, PLS (nharris@starneslaw.com),
Chairman or Jill J. Hale, PP, PLS, CLA (wandr@cableone.net)
Vice Chairman, Regulation/Certification Committee.
