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Paralegal Regulation Status

Paralegal Regulation Status. Lisa Vessels, CP, FRP NFPA Regulation Review Coordinator South Florida Paralegal Association. 2010-2011 – Year in review. Certified Kentucky Paralegal ( CKP ) voluntary certification launched in November 2010 beginning with Ethics exam section.

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Paralegal Regulation Status

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  1. Paralegal Regulation Status Lisa Vessels, CP, FRP NFPA Regulation Review Coordinator South Florida Paralegal Association

  2. 2010-2011 – Year in review • Certified Kentucky Paralegal (CKP) voluntary certification launched in November 2010 beginning with Ethics exam section. • South Jersey Paralegal Association (SJPA) implemented a voluntary paralegal certification program for its members under a plan introduced in October 2010.  • Paralegal Association of Wisconsin (PAW) meets with public and government relations staff of the Wisconsin State Bar in December 2010 • Oklahoma – Oklahoma Bar Association Updates minimum qualification standards for Paralegals in August 2010

  3. 2010-2011 – Year in review • Connecticut – Legislation proposing stringent guidelines for Notary Publics, and gets paralegals caught in the crossfire. • West Virginia - HB3302 "Certified Legal Assistant Act" (proposed legislation introduced January 13, 2010). Dies in Committee. Reintroduced in 2011 Session as HB 2124, no companion bill in WV Senate, assigned to Judiciary but no movement • South Dakota – Updated definition, qualification, and utilization of paralegals posted August 2010. • Ohio – featured speakers at this year’s conference for a full update.

  4. 2010-2011 – Year in review • New York – Empire State Alliance position paper adopted September 25, 2010 contains basis, recommendations and proposal for certification of paralegals in New York State • Florida – What hasn’t happened here this past year? The Florida Bar decides to undertake another study about mandatory implementation of their FRP program simultaneously with the introduction of legislation to create mandatory licensure to regulate the paralegal profession by Florida Alliance of Paralegal Associations. Stay tuned…

  5. Ontario, Canada • Law Society of Upper Canada (LSUC) terminology: • Benchers = board of directors including lawyers, paralegals and lay persons (non-lawyers and non-paralegals). • Convocation = meeting of Benchers to make decisions regarding governance of Ontario's paralegals and lawyers. • Treasurer= chair of Convocation and the head of the LSUC • CEO and Senior Management Team = oversight of the day-to-day operations

  6. Bencher Elections • Conducted Every Four Years (2011) and includes: • 8 Lay Benchers • non-lawyers and non-paralegals) appointed by Lt. Governor-in-Council (Ontario govt). • 40 Elected Lawyer Benchers • 20 from inside Toronto and 20 from outside Toronto.   • 2 Elected Paralegals • Elected by the Paralegal Standing Committee’s 5 paralegal members and 3 lay benchers.   • Ex-Officio Benchers • Former Attorneys-General of Ontario and former Treasurers of the Law Society

  7. Standing Paralegal Committee • Develops and recommends policies to govern and regulate licensed paralegals (approved by Convocation) • Comprised of 5 paralegals, 5 lawyer benchers and 3 non-lawyer (lay) benchers for 4 year terms. • Chair is elected by entire committee for 1 year term. • 2 paralegals are elected as Benchers by the paralegals and lay benchers on committee • First election held in 2010, initial members were appointed.

  8. Scotland’s Registered Paralegal • Law Society of Scotland in partnership with the Scottish Paralegal Association launches August 16, 2010 • Transition – Stage 1 • 16th August 2010 to 15th November 2010. • “High Grade” Members of SPA, SSP, or SOLAS qualify • Transition – Stage 2 • 16th November 2010 to 15th August 2011 • Meet standards, but not criteria for Stage 1, two methods to qualify: • Applicants holding assessed qualification for area of practice • Applicants not holding assessed practice (more complex waiver application, because qualification is crucial .) • The Full Route • 16th August 2011 forward

  9. The Full Route • Required to hold a ‘formally recognized and assessed qualification’. • First recognized as a ‘Trainee Registered Paralegal’. • One year training period during which paralegal and solicitor work together to achieve both general and specific competencies for the legal specialty area in which the paralegal is working. • After one year training period and competencies are achieved, becomes Registered Paralegal • http://www.lawscot.org.uk/paralegals

  10. Paralegal Standing Committee • 2 members nominated by the Council of Law Society • 2 representatives of the Scottish Paralegal Association • Representatives of paralegal associations with a ‘relevant interest’ (Society of Specialist Paralegals (SSP) and Society of Law Accountants in Scotland (SOLAS)) • 1 solicitor (not member of Council or Committee) • 2 ordinary ‘Registered Paralegals’ (elections taking place after first 100 registrations processed.) • 3 ‘public interest’ members (not currently or previously a solicitor, paralegal, advocate, or equivalent.)

  11. England and Wales • National Association of Licensed Paralegals working with NFPA • “As the world grows smaller and international business relationships increase, international legal issues intertwine. NFPA strives to keep abreast of legal trends within the US as well as abroad and building links and exchanging information with paralegal associations in the UK are essential elements in our efforts.” Tracey Young, NFPA President

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