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Still Thinking About Licensing Paralegals? Hogwash. Old School Thinking.

Apr 11, 2015

Just about every week, the question of whether to license paralegals comes up. What never comes up is the real "why". Oh sure, you'll hear ramblings on and on as to the pros and the cons. The reasoning includes how paralegals are supposed to come under the supervision of attorneys anyway (as though this relieves them somehow of major responsibility); whether it should be statutory licensing or certification; how it will help to ensure minimum qualification standards for the profession; result in paralegals gaining greater personal respect from attorneys and maybe even result in higher pay. I just read an... Read more →

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Estrin Legal Staffing

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Posted at 02:03 PM in Careers, Paralegal utilization, Regulation | | Comments (0)

Tags: career, education, law, medical, medical field, nurse

"Florida Supreme Court hears paralegal rule argument"

Apr 23, 2007

Paralegals working in Florida will want to keep an eye on the proceedings outlined in the Jacksonville Daily Record: "The Unlicensed Practice of Law (UPL) program was established by the Supreme Court of Florida to protect the public against harm caused by unlicensed individuals practicing law. "This program is a proposal only. It has been approved by the Board of Governors of The Florida Bar. The Supreme Court of Florida must now rule on the proposal. "Monday, the Supreme Court of Florida held oral argument on the proposed Florida Registered Paralegal rule [PDF]. The Court gave no indication as to... Read more →

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Posted at 09:20 AM in Associations, Regulation, Unauthorized practice of law | | Comments (0)

"Paralegal licensing is good news"

Apr 23, 2007

After a hard-fought legislative battle, independent paralegals in in Ontario will become a regulated profession on May 1. This Toronto Star article outlines why licensing is needed: "In recent years, the need for regulating paralegals has been the subject of considerable comment by Ontario judges and in two Ontario government reports. The most recent comment occurred in a Superior Court decision of Justice Deena Baltman last October. It was published last month in the Ontario Reports. "In December 2002, Pamela Elliot received an eviction notice from her landlord claiming rent arrears of $2,700. Shortly afterward, the Ontario Rental Housing Tribunal... Read more →

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Posted at 07:55 AM in Independent paralegals, Lawsuit, Malpractice, Regulation | | Comments (0)

Role of Nonlawyers in Law Practice

Apr 01, 2007

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... Read more →

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Posted at 05:14 PM in Bar association, Paralegal utilization, Regulation | | Comments (0)

Canada's new paralegal regulations study grads

Mar 16, 2007

It will be most interesting to compare U.S. regulation with Canada's approach: "She will be among the first students to graduate from Humber College's first bachelor degree programs. As a newly minted paralegal, Sheelagh McLellan will also be among the first in Ontario to benefit from groundbreaking legislation that will regulate the often-misunderstood profession. "'I was interested in becoming a paralegal because one of their objectives is to provide legal services for people who may not be able to afford a lawyer,' McLellan says. 'I think the regulation of paralegals is a positive. It definitely gives creditability to our profession... Read more →

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Posted at 02:29 PM in Independent paralegals, Paralegal education, Regulation | | Comments (0)

Editorial: 'Lawyers will regulate paralegals'

Oct 23, 2006

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... Read more →

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Posted at 06:13 PM in Associations, Bar association, International law practice, Regulation | | Comments (1)

Ontario paralegal must reimburse client

Oct 21, 2006

Cases like this undoubtedly supported the fight to regulate paralegals in Canada: "It was a dream payday for Brampton, Ont., paralegal Vince Chiarelli: He made $1,800 for just two hours of work. "But for his client, Pamela Elliot, that contract with Mr. Chiarelli would represent her lowest point in a year of sheer hell. "Having already lost her husband and her job, the 39-year-old single mother was facing eviction from her basement apartment. Until Mr. Chiarelli arrived on the scene, that is, and promised to win her a lengthy reprieve. "Five weeks later, a bailiff threw her out. Ms. Elliot... Read more →

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Posted at 03:07 PM in Ethics, Regulation | | Comments (0)

Ontario regulates paralegals, 'puts lawyers in charge'

Oct 20, 2006

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... Read more →

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Posted at 04:46 PM in Associations, Bar association, International law practice, Regulation | | Comments (0)

Paralegal regulation in Canada 'on cusp of becoming law'

Oct 16, 2006

Regulation up north has definitely been a hard-fought battle: "Last month, the Ontario Bar Association managed to lobby successfully for further clarity of the portion of bill 14 that amends the Law Society Act, after it made submissions to the Standing Committee on Justice Policy. "As a result, the legislation now refers to paralegals as 'paralegal members' rather than 'persons licensed to provide legal services.'' [snip] "After bill 14 passes, the Law Society of Upper Canada [PDF link] will be responsible for drafting the bylaws to create the rules and guidelines that will govern the paralegal profession, based on its... Read more →

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Posted at 11:13 AM in Associations, International law practice, Regulation | | Comments (0)

"Paralegals' anniversary marks state recognition"

Oct 12, 2006

My, how time has flown for the paralegal profession in Texas! "Paralegals have made their way out of the figurative woods and into the light of a recognized profession [PDF link] since the State Bar of Texas created its paralegal division 25 years ago, an Austin woman who was instrumental in the landmark said Wednesday. "Debra Crosby [scroll down for bio] told 30 people at a Petroleum Club luncheon that she entered the field more than 30 years ago because her husband was in law school and she had just earned a master's degree in English and needed a job.... Read more →

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Posted at 11:15 AM in Associations, Paralegal certification, Regulation | | Comments (0)

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