?
Why regulation?
Currently there is no regulation for paralegals in the state of North Carolina. This may come as a surprise to consumers who find that
paralegals are involved in every aspect of legal practice today and often serve as the client’s primary contact at a law firm, corporation, non-profit organization, or governmental agency.
Why should paralegals be regulated? Paralegals are doing substantive legal work under the direction of an attorney in virtually every area
of law. Despite the substantive work performed by paralegals, there is no standard for education or training. As one attorney stated, “I can
hire the person outside my door sweeping the streets to be my paralegal.” Is this situation good for consumers? Is this situation good for the
paralegal profession? The Alliance for Paralegal Professional Standards didn’t think so.
Attorneys in most states are required to complete three years of formal schooling in addition to a bachelor’s degree. After they have
completed this training, the State of North Carolina has deemed it necessary for most prospective attorneys to take a “bar exam” which tests the familiarity of prospective attorneys with legal theory and the laws of North Carolina.
As society has determined that the law is so important that extensive and specialized training is necessary to perform substantive legal work, it seems equally important that if paralegals are also doing substantive legal
work, they should also have education, training, and continuing education standards.
What type of regulation are you advocating?
The regulation will create a
form of certification under the auspices of the NC State Bar.
Only those individuals who choose to be regulated may use the title
"North Carolina Certified Paralegal," "North Carolina State Bar
Certified Paralegal," or "Paralegal Certified by the North Carolina
State Bar Board of Paralegal Certification.”
The regulation does not limit your ability to perform any task under the
supervision of an attorney or under state or federal law when your title
is other than those listed above.
Is there support for regulation?
For the past several years a number of paralegal associations and the bar association have been looking into regulation. A number of
surveys have been completed by these different associations as well as studies of other states’ progress through regulation. The surveys all showed support for some type of regulation.
In the fall of 2000, there seemed to be a convergence of goals among a number of different associations. As a result of its extensive
research regarding paralegal regulation and with the support of its membership, the North Carolina Paralegal Association, Inc. (NCPA) invited paralegals, paralegal associations, paralegal educators, and attorneys from around the state
to attend a meeting to discuss regulation. The response from these groups (and from individuals) was enthusiastic. The groups that met
determined that it would be important to develop and sponsor regulation that would have broad popular support and take into account the needs of the paralegals, attorneys, paralegal educators, and the public.
All evidence suggests that support for regulation is strong.
What are other states doing about regulation?
Many states are in the process of studying the issue of paralegal regulation, are drafting a regulatory proposal, or have implemented voluntary or mandatory regulation.
For example, Wisconsin has drafted a proposed regulation that is
currently being considered by its Supreme Court, which is the regulatory body for the legal profession in that state.
California and Maine currently have laws that regulate those performing legal tasks.
What if I am already working as a paralegal?
This regulation is meant to provide support for paralegals, not to be a hurdle. The
Plan includes a generous “grandfather clause”
during the first two years the regulation is in effect which will
take on-the-job training into account. Continuing education will be required of all paralegals, including those who meet the
grandfathering provisions.
Does this mean that I will have to take a test?
No test is required for the first two years the Plan is implemented (July
1, 2005 through June 30, 2007).
A test will be required in addition to the educational requirements
after the initial two year period.
Does this mean that I will have to go back to school?
While education and continuing education are strongly recommended for all paralegals, again, this regulation is meant to provide support for paralegals, not to be a hurdle.
The Plan includes a generous “grandfather clause” during the
first two years the regulation is in effect which will take on-the-job training into account. Continuing education will
be required of all regulated paralegals, including those who meet the grandfathering provisions.
Will I need continuing education?
Continuing education is a necessity for the paralegal professional to remain current in an increasingly complex legal world.
Six
hours of CLE will be required each year which includes at least one hour
in professional responsibility. Most professions require continuing
education in order to keep skills and knowledge up to date. Six hours of CLE should not place an undue hardship on paralegals as this would amount to only one full day or two half-days per
year.
What if I do not want to be regulated?
While you would not be
able to call yourself a
"North Carolina Certified Paralegal," "North Carolina State Bar
Certified Paralegal," and "Paralegal Certified by the North Carolina
State Bar Board of Paralegal Certification" after the regulation
takes effect, you could still perform substantive legal work under the
supervision of an attorney as a "Paralegal," "Legal Assistant,” “Legal
Secretary” or any title other than those
listed above.
Will this negatively impact my CLA, CLAS, or RP designation?
All of the members of the Alliance for Paralegal Professional Standards are supportive of voluntary certification for paralegals, with or without regulation.
The CLA (Certified Legal Assistant), CLAS (Certified Legal Assistant Specialist), and RP (PACE – Registered Paralegal) designations have been, and should continue to be, a demonstration of excellence and commitment to the
paralegal profession.
How does this affect freelance paralegals?
This Plan is particularly important to the freelance paralegal. The professional standards created by the
Plan will provide the
freelance paralegal who chooses to be regulated an opportunity to be clearly identified by attorneys, consumers, and other paralegals as having met high professional standards. Three
individuals represented the interests of freelance paralegals on the Alliance for Paralegal Professional Standards and each is currently working as a freelance paralegal or has had extensive experience in working as a freelance
paralegal in the past.
When will this be implemented?
The statutory
changes to NCGS 84-23 and 84-37 giving the NC State Bar authority to
regulate North Carolina Certified Paralegals and to seek injunctive
relief for the improper use of the title became effective October 1,
2004. The Plan was adopted by the NC Supreme Court during its
administrative session the week of October 4, 2004. The initial Board of Paralegal
Certification was appointed on October 22, 2004.
The Board is continuing the process of implementing of the Plan. Initial applications for certification
were first
accepted on July 1, 2005.
To obtain further information about the Plan for Certification of
Paralegals visit
http://www.nccertifiedparalegal.org
How much will this cost me?
If you choose not to call yourself
one of the titles listed in the Plan, nothing.
If you choose to call yourself one of the titles listed in the Plan, the
Board of Paralegal Certification has set an application fee of $125 and
a renewal fee of $50. To obtain further information about
the Plan for Certification of Paralegals visit
http://www.nccertifiedparalegal.org
Where
can I take the three hour ethics course required for some applicants?
If I choose to be regulated, will I earn more money?
Not necessarily. While there is no assurance that attorneys will pay higher salaries for regulated paralegals – paralegals required to act
ethically and professionally with a basic education level and continuing education courses -- regulation will clearly identify those who have met the high professional standards
established by the Plan.
If I am an attorney, how will this affect my law practice?
The hope is that it will be of assistance to attorneys in all areas of practice. The regulation will allow attorneys to hire regulated
paralegals knowing that they have a basic minimum standard of education and continuing education.
It will also allow attorneys to continue to hire whomever they want to
perform the work necessary in their law office, corporation, non-profit
organization, or governmental agency, but they will not be able to call
the employee one of the titles in the Plan unless the
employee is registered.
If I am an attorney, do I have to worry about competition from paralegals?
No. This regulation does not change the Authorized Practice of Law statute at all. This
regulatory scheme is not meant to expand the duties of paralegals; in fact, it is hoped that this scheme will create ethical duties to further support the Authorized Practice of Law statute.
Why is the NC State Bar
involved in paralegal regulation?
In North Carolina the State Bar is the
agency tasked with regulating the practice of law. When the Paralegal Profession Act was
introduced in the NC General Assembly in April 2003, the NC State Bar
expressed to APPS its belief that regulation of paralegals should be
within its jurisdiction. Following
preliminary discussions with APPS,
the NC State Bar formed its Legislative Study Committee on Paralegal
Regulation
in July of 2003 to study the need for paralegal regulation in North
Carolina and draft regulation within the State Bar's framework that all affected parties could
endorse. The Plan for Paralegal Certification was the result of
these efforts.
