I'd like to describe what's happening in my "other field", that of Legal
Assistant/Paralegal. It is about 30 years old, but is a bit more settled, but
still has a bit of an identity crisis as some people are breaking from the "holy
ABA" (American Bar Assn) and going independent.
By definition, an LA can do everything an attorney can do except: 1) represent
clients before the Bar in court, 2) quote prices an accept clients for the
atty/employer, and 3) give legal advice - referred to an unauthorized practice
of law (UPL). One exception: in some cases, an LA can attend Administrative
hearings (Social Security Admin, for example) with a client to help them present
their side of the dispute. That's not technically "court".
The field was created by attorneys so they could have specialized assistants,
and LAs were trained by their attys. Unlike other office staff, LAs bill for
their hours on a case, like attys do. They are supervised by their atty/employer
whose legal license is at risk when the LA does something incorrectly or
improperly. Now, the trend is to standardizing the training thru courses of
study in private schools and public colleges. The desirable programs are
ABA-approved but not sponsored by them. LAs who are trained by their atty/empl
is stuck with that one law firm without this training.
The professional assn is the Natnl Assn of Legal Assts. (NALA), which now
sponsors a professional certifying examination. It is unlikely that an LA would
pass this exam without taking the training, and perhaps a specialized prep
course. The designation for those who pass is Certified Legal Assistant (CLA).
The closest comparison is the difference between an accountant and a CPA. The
exam costs $250 and takes 2 - 8 hour days. One must test on 4 mandatory topics,
which I believe are Communications, Legal Research & Writing, General Law, &
Administrative Law. In addition, one must select 4 of 8 remaining topics like
Probate & Wills, Criminal Law, Contracts, Corporate Law, Bankruptcy, Civil
Litigation, Personal Injury, etc. (No Domestic Relations - its the ugly
step-child). When the LA passes the 4 mandatory & 4 chosen topics, she earns
the CLA designation. She (generic "she") must pass at least 4 topics the first
try and has 3 years after that to pass another 4 topics, at an add'l fee of $50
each. After taking the basis CLA exam, one can opt for more testing, about
another half day, in a chosen specialty. It would be taking one of these topics
into much greater depth. Passing this would earn a CLA with a specialty
in...(field of practice). State certification is still being discussed but may
not be necessary when the CLA designation is more universally accepted. With
some very large firms, the CLA can mean a promotion. It can be crucial to being
hired if the LA/CLA is moving to a new city and is unknown to the local legal
community. It can also be important to one who is going independent as a
private document preparation service assisting people who want to represent
themselves in court in uncontested actions. That's where attys become paranoid.
They have tried to drag many independent paralegals (IPs) to court in many areas
of the country for UPL charges. Some succeeded, some did not. They see the IPs
as a threat to their own profession. The gen'l public tends to like them. The
IP cannot help the client make legal decisions, but they can instruct the client
on court deadlines and procedures, and direct the client to resource books, law
libraries, or attorneys for advice.
The most important thing is that the CLA is the last step before removing the LA
from the coat tails of the atty's license. Any improper conduct or errors of
practice made by the CLA would be answerable by the CLA personally before the
local Bar Assn.
I don't ever want to see LCs under the direct supervision of doctors unless they
are employed by one, and I don't think any doctors out there want to put their
license to practice on the line for anyone, RN, CLC, IBCLC, or whatever. But I
think some aspects of the structure of this testing might be applicable to
certifying LCs.
NALA is like a combination of IBCLE and ILCA. Local affiliates offer CEUs which
are required for all CLAs. The local affiliate even offers CEUs, or half of
one, for attending the monthly luncheon ($15.00) and listening to some 'expert'
speak for 30 minutes. Their association with the ABA and local Bar makes them
frown on IPs, who are considered to be renegades and "this close" to being
guilty of UPL. (Is that why I'm thinking about doing doc prep on my computer at
home?) I also don't want to see any aspect of LC/CLC/IBCLC certifications under
the auspices of the AMA or its local affiliate. IBCLE and ILCA are just fine,
thank you. By the way, CLAs do not have to retest, just earn stated numbers of
CEUs every year.
I am just offering this as a springboard for thought and discussion.
Phyllis Adamson, BA, AAS Paralegal Studies, IBCLC, & who knows what in the
future?
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