By Teresa A. Clark, ACP
The changes to our profession over the past 20+ years have
been astounding! Not only because of
technological advances, but in general things are definitely different. I am sure that most, if not all you have
been impacted by changes to the number of staff at your firms, mostly by
lowering the attorney to administrative assistant ratio. Many paralegals that I have talked to, have
been impacted by this, which has often resulted in increased administrative
duties.
There is a trend of a new type of paralegal professional
that has made the news recently.
Different states use different titles, but the first state to recognize
this new profession was Washington. In
June, 2015 the state of Washington had 7 Limited License Legal Technicians
(LLLT) pass their exam. The seven
examinees, as of June still had to show that they had insurance and 3,000 hours
of supervised experience before becoming fully licensed, but they completed the
first hurdle in becoming the nation's first limited license legal
technicians. In December, The Utah
Supreme Court approved Licensed Paralegal Practitioners (LPP) to help clients
navigate the legal system. While I am
not certain how many states currently have "licensed paralegals," it
is my understanding through my own research that they are being considered in
Colorado, California, Oregon, Georgia, Illinois and New York.
In Utah, they will be designated as LPP's and could help
clients fill out legal forms, prepare settlements and represent them in
mediated negotiations, but will not be permitted to appear in court. Utah Supreme Court Justice Deno Himonas,
who chaired the task force on limited legal licensing, told the council that a
licensed paralegal practitioner could help people who can't afford a lawyer or
who don't want to pay for one. The task
force also said that LPPs should have a law degree; or an associate degree with
a paralegal certificate, paralegal certification, paralegal experience and
additional coursework in their practice area. For additional information on Washington's program, you can follow this
link
http://www.wsba.org/Licensing-and-Lawyer-Conduct/Limited-Licenses/Legal-Technicians/Legal-Technician-FAQs.
Whether this profession, or something like it comes to
Virginia remains to be seen. You may
find it interesting to know that Virginia has an historic mark in our
profession, specifically at a Congressional hearing before the Subcommittee on
Representation of Citizen Interest, where Wilbur Allen, Managing partner of
Allen, Allen, Allen, and Allen testified along with Sally Fairbanks, the firms'
administrative manager on the use of Paralegal Assistants on July 23,
1974. The 266 page transcript can be
found here https://archive.org/details/paralegalassista00unit. Mr. Wilbur's testimony is often quoted from
page 83, where he testified saying "If you're really going to get the most
out of a secretary, then you've got to her out from the behind the typewriter
and shorthand pad and put her brain to work." Ms. Fairbanks testimony starts on page 82,
where she outlines the duties of paralegals in their office and makes
suggestions for training and the use of Paralegals.
Of the many positives the birth of our profession and the
evolution of our profession brings to the population; I find it most
interesting that in both instances, a large portion of the discussion focuses
on how the use of paralegals/legal technicians would improve the quality of
legal services while substantially reducing the cost to the consumer. Despite the need for these services, many State
level Bar Associations do not support the use of Legal Technicians, mostly
because they are concerned about the unauthorized practice of law.
Whether you are for or against this movement, it is here and
if successful in Washington and other States, I am sure it will eventually find
its way to Virginia.
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