Should Paralegals Be Regulated

Paralegals have been around since the early seventies and the debate whether paralegals should be regulated has been around just as long. Paralegals assist attorneys in various legal capacities including drafting documents, conducting factual and legal research and working with clients. Although many paralegals can do much of the same work as lawyers, they may not practice law or give legal advice to clients. In Catherine R.

Durgin’s piece in the Business Law Today, form the American Bar Association, she writes that “the requirements of regulatory programs vary from state to state. In general, regulation comes in several forms, including registration, certification, and licensure. ” They are defined as follows: “Registration involves the process by which individuals or institutions list their names with an association or agency. It may be voluntary or mandatory. Education, training or bonding requirements are sometimes associated with registration.

Certification programs are designed to validate an individual's specific skill and knowledge at or above an established performance level. Elements of professional certification programs include established standards, consistent and relevant testing, and regular updating and renewal. Certification programs can be administered through private organizations or public agencies. Certification is typically not a legal precedent to gain employment in a particular field.Licensure is the process by which an agency or branch of government grants permission to persons meeting predetermined qualifications to engage in a given occupation or use a particular title. Licensure is a mandatory legal condition for employment and is generally enacted by legislation.

The impetus behind a legislature to license a profession is the health, welfare and safety of the public. ” There are three major organizations that participate in paralegal professional development.They are The American Bar Association (ABA), The National Association of Legal Assistants (NALA), and The National Federation of Paralegal Associations (NFPA). According to the ABA, “at the August 1997 ABA Annual Meeting, the ABA’s policy making body, the House of Delegates, adopted the current definition of "legal assistant/paralegal", as recommended by the Standing Committee on Legal Assistants.

The current definition reads as follows: A legal assistant or paralegal is a person, qualified by education, training or work experience who is employed or etained 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. ” Throughout the years, many paralegals have gone to college to educate themselves in the paralegal field. Questions remain if individuals who work for law firms with no formal education should be allowed to call themselves paralegals. Some licensed paralegals believe that they put in the time and effort in obtaining the proper education and those that do not, be barred from calling themselves as such.In a report from the Ohio State Bar Association dated July, 17, 2006, it reads that the OSBA has established a credentialing program for paralegals. Individuals meeting the eligibility requirements and passing a written examination will be designated as an “OSBA Certified Paralegal.

” An applicant must meet the definition of a paralegal and may be eligible to sit for the written examination only after successfully meeting specified education/experience, continuing legal education and reference requirements. Credentialing of paralegals in Ohio will assist lawyers and law firms in identifying the best qualified paralegal professionals,” said OSBA President Jane Taylor, “and clients and the public will know that these paralegals meet uniform standards of professionalism. ” Two paralegals, Carolyn M. Saenz and Deborah M. McKinney, wrote a paper and say, “since the recovery of lawyer fees and paralegal fees are important to many law firms, all employers should be aware that many courts are looking at paralegals’ education and experience before granting such awards.In 1989, the United States Supreme Court issued a landmark decision awarding fees for paralegal time at market rates.

Missouri et al. v. Jenkins et al. , 491 U. S.

274, 109 S. Ct. 2463 (1989), Justice Brennan stated “[B]y encouraging the use of lower-cost paralegals, rather than attorneys wherever possible, permitting market-rate billing of paralegal hours, encourage cost-effective delivery of legal services…” In summary, I side with paralegals that put forth the time and effort into their education.I believe that paralegals should be certified and continue their legal education.

I believe a license would give paralegals more respect from the courts, potential employers, and their peers. The public in general would feel more comfortable in working with someone who has been educated through a formal program. It is apparent from the split decision from differing states and the major organizations; we are far from deciding the future of regulating. Works Cited Current ABA Definition of Legal Assistant/Paralegal | Division for Legal Services. " American Bar Association. 14 Aug.

2008. Web. 22 Sept. 2011.

. Durgin, Catherine R. "Getting Legal with Paralegals A Look at the State Regulations. " Business Law Today 16. 3 (2007).

American Bar Association. Web. . "OSBA Establishes Credentialing Program for Paralegals.

" Ohio State Bar Association Report July 17, 2006 79. 29. Print. Saenz, Carolyn M.

, and Deborah M. McKiney RP. "Do Paralegals Need to Be Certified? " Web.