The Estrin Report

"Hutchens, Senter & Britton Announces Certified Paralegals"

Well, isn't this encouraging news? Law firm sends out press release praising its paralegals!

"Fayetteville, North Carolina-based law firm Hutchens, Senter & Britton, P.A., which specializes in foreclosure and civil litigation, announced that employees Lesley Cavenaugh, Dianne Dunn, and Aileen Gibson have qualified as North Carolina state bar certified paralegals. All three support the firm's bankruptcy group.

“'We congratulate Lesley, Dianne, and Aileen on this important achievement,' said Terry Hutchens, managing partner of Hutchens, Senter & Britton. 'Individually, each one's dedication to the profession is to be commended; collectively, they bring a concentration of expertise and talent to our Bankruptcy Group, which is a significant asset for the firm.'”

Too bad the firm doesn't (yet) post paralegal profiles...

Role of Nonlawyers in Law Practice

What the Michigan State Bar has to say about the utilization of legal assistants:

"Article 1, Sec 6, of the Bylaws of the State Bar of Michigan defines 'legal assistant' for purposes of membership in the State Bar Legal Assistant Section as follows:

"Any person currently employed or retained by a lawyer, law office, governmental agency or other entity engaged in the practice of law, in a capacity or function which involves the performance under the direction and supervision of an attorney of specifically delegated substantive legal work, which work, for the most part, requires a sufficient knowledge of legal concepts such that, absent that legal assistant, the attorney would perform the task, and which is not primarily clerical or secretarial in nature . . ."

"While the Guidelines are directed primarily at the utilization of legal assistants as defined above, many of the same considerations would apply in the utilization and supervision of any other nonlawyer assistants. While the Guidelines necessarily discuss the conduct of legal assistants, they are directed at lawyers who use or supervise legal assistants. The Guidelines are intended to aid the lawyer in fulfilling responsibilities under the Michigan Rules of Professional Conduct."

You can find more info in the detailed 9 Guidelines.

"Paralegals in position to improve reputation of legal profession"

Well, yeah! This is indeed a welcome news article:

"Paralegals are critical to improving the reputation of lawyers in the community. The legal profession still suffers from negative stereotypes and some do indeed think we're better off 'at the bottom of the sea,' as the lawyer joke goes. Paralegals can pull lawyers out of this muddy, messy, pool of disrepute by displaying the following qualities.

* Honesty and integrity
* Professionalism
* Giving back through pro bono work and volunteering
* Enthusiasm"

Author Elizabeth Balfour's speech at the annual San Diego Paralegals' Association Luncheon in June 2006 provided criteria for the Distinguished Paralegals Awards.

Paralegal: “A Fairly Well-Educated Chimp Could Practice Law”

Like the creativity involved in this paralegal's pursuit of a law degree, but truly enjoyed all the comments following the blog's post [link in original]:

"A Connecticut paralegal has sued the state’s bar exam committee because it won’t let him take the bar, despite his earning a degree from an unaccredited Internet correspondence law school....

"Mel Thompson took law courses at West Coast School of Law, an Internet correspondence law school based in Downey, Calif., not accredited by the ABA. The school’s program — which has graduated ten students in its brief history — is designed for students who want to practice in California; it requires out-of-state students to sign a waiver before enrolling.

"Connecticut has filed a motion to dismiss the claim. Meanwhile, Thompson has some choice words for the legal profession: 'A fairly well-educated chimp could practice law. It’s not hard to understand. For [the defendants] to put [the legal profession] on this pedestal . . . it’s a lie.'”

No offense to lawyer friends, but here's my favorite comment: "I personally would hire a chimp to represent me than any lawyer."

Editorial: 'Lawyers will regulate paralegals'

Another strong opinion about regulating Canadian paralegals:

"Ontario has passed a law that will regulate paralegals. This is good news. Until now, what has it taken to be a paralegal? Call yourself one. That's it. No training required. No liability insurance. No minimum standards. No discipline for bad ones.

"I've seen some good paralegals. I've seen some bloody awful ones too. Of course, the skeptics will say the same about lawyers. At least lawyers have certain minimum training, have passed competency exams, pay liability insurance in case they screw up, and they can get booted out of the profession if they are unethical. Until now, there was virtually nothing you could do about a bad paralegal.

[snip]

"With the Law Society in charge [PDF link], it will have to strike a balance that protects the public and preserves the roles of both paralegals and lawyers. I'm hoping that it will find the right balance.

"I don't consider paralegals to be competition for me in my practice. We are simply not going after the same work. On the other hand, there are paralegals doing some things that are way out of their league.

"In my view, paralegals should never be doing separation agreements or family law. They should not be doing wills and estate planning. They should not be doing real estate transactions. These are areas of law where the amateurs think that it is just filling in the blanks on a 'standard' form. It isn't."

By Ian Johncox, a partner with the Mason Bennett Johncox law firm in Whitby, Ontario.

Ontario regulates paralegals, 'puts lawyers in charge'

This news is not a surprise, but it does sound like the battle continues:

"Ontario became the first province in Canada to regulate paralegals Thursday, but many in the profession worry they could be forced out of business because they will be regulated by lawyers - the very people they compete against for most of their work.

"The Liberal government had to use its majority to out-vote the Conservatives and New Democrats, who stood in opposition to the Access to Justice Act - a new law that puts the Law Society of Upper Canada in charge of regulating paralegals [PDF link].

"For the first time, paralegals will be required to receive training, carry liability insurance and report to a public body that can investigate complaints.

"'We are really witnessing the birth of a new profession,' said Attorney General Michael Bryant. 'Paralegals are joining the ranks of doctors, lawyers and teachers as a regulated and respected profession in Ontario.'

"But the Paralegal Society of Ontario is fearful the Law Society will stop paralegals from providing a low-cost alternative to lawyers for civil cases, incorporations, wills, divorces and other family law disputes.

"'This legislation is going to hurt the public, as they're going to be limited in choice because it's going to go back to just being lawyers,' warned spokeswoman Susan Koprich.'"

"Lawyer, paralegal square off for justice position"

Love this news story!

"Columbia Falls paralegal Jerry O’Neil and Whitefish attorney Mark Sullivan were the top vote-getters among four candidates for Flathead County Justice of the Peace in the June primary.

"Now they face off Nov. 7 for the judge job that will expand from part time to full time in January. Incumbent Dale Trigg is not running for re-election.

[snip]

"The Flathead County commissioners briefly changed the requirements for the position last spring, requiring the judge to be a lawyer.

"O’Neil challenged that and the commissioners withdrew the requirement.

"Sullivan said he believes the justice of the peace should be an attorney; O’Neil said there is no reason to change the requirements now."

Law firm runs clothing drives for needy women

Good news about a Seattle firm & its managing partner:

"When Russell M. Aoki took a break from college and worked on the maintenance crew of a golf course, he discovered his calling.

"Seniors who he met while on the job 'took me aside and encouraged me to go back to school and consider going to law school,' said Aoki, who was recently installed as one of the board of governors for the Washington State Bar Association.

[snip]

"Aoki is a trial attorney who specializes in criminal defense and business litigation. One of his most prominent cases involved representing a business that was attempting to recover assets from a bookkeeper who allegedly embezzled $5 million. This was considered the largest embezzlement case in Washington state at the time. Aoki and his client were successful, and the defendant was found guilty of embezzlement. Businesses throughout the country have hired Aoki when they are defendants in Internet advertising violation cases.

"A former president of the Asian Bar Association of Washington, Aoki is a director on the board of the America Civil Liberties Union, and a trustee on the King County Bar Association. Aoki has worked as a judge pro tem, mediator and arbitrator besides being a lecturer with the Washington Criminal Justice Institute and has taught people about the Bill of Rights for the Heritage Institute.

"His law firm has been involved for more than a decade in clothing drives which help collect clothing donations for women who need proper attire for job interviews and work. Aoki said the idea came from one of his paralegals and started small but now amasses significant amounts of donated clothing."

We always say paralegals have the best ideas!

Ohio State bar develops paralegal certification program

Another state announces [scroll down] mandatory requirements for paralegals -- YAY!

"The Ohio State Bar Association (OSBA) announced at the end of June that it was implementing a new paralegal certification program. The program will not only make it easier for attorneys to hire well-trained legal staff, but will also bring professional esteem to paralegals in the state.”

Also see this earlier post....