Skip to main content

Dreamstimecomp_19500966The other day, a paralegal sent me a panic email.  OMG!  Licensing of paralegals had been introduced as a bill in the state of New York.  Her reaction about the bill was pretty standard.  In a nutshell, she was saying, "What?????"

In short the bill:

    a) Requires mandatory licensing
    b) States that paralegals "practiced" (an ethical question, to be sure)
    c)  States that mandatory minimum standards for qualification into the field are required (but does not state what standards)
    d)  Establishes licensing fees not to exceed $100.00
    e)  Creates an independent board to adopt rules and regulations 
    f)  Is an amendment to the education law
    g)  Offers this justification:  "Every year more and more attorneys are allowing their paralegals to work extensively on important and complex cases: Cases that impact the life of their clients and other people involved. Some of these paralegals tend to commit errors that could lead to nightmares for the clients. This legislation would require paralegal[s] to have the qualification[s] necessary in order to provide improved and more professional services to clients of attorneys."

Taking a look at the bill, my response was:

If this particular document represents the ability of those who would a) pass such a bill and b) draft such a bill, we're all in trouble. It appears to have little thought, research or understanding of the paralegal profession. Further, it is drafted as a punitive action (or reactions) rather than progression of a 40 year old field. 

Generally, certification, licensing or mandatory education of paralegals comes about because too many misinformed and under-educated paralegals deliver markedly poor services directly to the public and consequently, steps are taken for protection. 

This document in particular references those paralegals who work under the supervision of attorneys. It sidesteps the consumer issue completely.

Licensing is not necessarily a bad thing. However, it is putting the cart before the horse. Before licensing any profession, educational standards must first be created. Not establishing mandatory education is the same as handing the keys to a brand new car to a 16 year old and saying, "Here are the keys to the car.  Please, don't take driving lessons, don't wear a seat belt, don't study the drivers rulebook and handbook and laws, don't get tested on your skills and bonus!  No one is looking as to whether you drink while you're driving." What happens? Hate to imagine.

The paralegal profession is one of the few professions where, in most states, anyone who wants to, can become a paralegal. It is to the credit of 13 states that so far, have created mandatory education, that the paralegal "job" has any chance whatsoever of rightfully being called a profession.  But mind you, that means 37 or 74% of all states say that anyone who wants to can become a professional (i.e., paralegal) without any training or educational standards whatsoever including the necessity of having a high school diploma.

In 1986 (yes – before some of you were born), I was asked to address CAPA (California Association of Paralegal Associations) on the issue of licensing paralegals. I took the same position then as I do now: There's nothing wrong with licensing as long as there is a solid foundation leading up to a sound, sensible and well-thought out program. Licensing cannot be accomplished successfully as a punitive reaction to a few complaints.

Regulation for mandatory continuing legal education originally came about in California as a result of continuous mishandling of services directly to the public by what was then called a paralegal. The resulting legislation, AB 1760 that became Business and Professions Code section 6450, took 10 years to pass. That bill sets forth regulation of education for paralegals and is not licensing. (Originally, when licensing was first proposed in California, the Consumer Board of Affairs was set to govern. That agency also governed dog grooming licenses, manicurists, even morticians. It didn't exactly appeal to too many people.)

Licensing or any other type of regulation such as certification starts with first setting down mandatory legal education. There are no other "helping occupation" professions I am aware of handling important criteria affecting the client's life that do not require mandatory education such as nursing, accounting, financial, even dental assisting.

I hope that New York paralegals step in and rally for a better situation than what appears to be careless and random actions by their state government.  Come New York!!!  Let's step up to the issue!

 

Close Menu
Estrin Legal Staffing
Estrin Legal Staffing
42 Google reviews
Linda Gutierrez
Linda Gutierrez
April 20, 2022.
I had the pleasure of working with Madeline and Brett they were quick to respond and get me situated with an amazing opportunity.
Read more
Brittany Toth
Brittany Toth
March 31, 2022.
I really enjoy working with this company. I’ve been working directly with Brett and he’s awesome. Super responsive and works hard to find something for you. He also doesn’t give up on you so if something ends up not working out he’ll get right back to trying to find you something. I’ve really felt supported every step of the way and recommend Estrin Legal Staffing 100%.
Read more
Audrey P.
Audrey P.
March 30, 2022.
My last two hires (different positions) were from Estrin! I am thrilled to work with them!
Read more
Rana Hill
Rana Hill
March 21, 2022.
I can't say enough good things about this staffing company, and in particular Madeline Weissman. She was more thorough and organized than any other recruiter I have worked with in the past. She spelled out everything to be successful during the interview process to make it super easy to be a successful candidate. Do not hesitate to reach out to them (specifically to Madeline!) or to apply for any openings Estrin posts. Thank you Madeline for being so on top of everything!!
Read more
Laurie Gondreau
Laurie Gondreau
March 19, 2022.
Madeline Weissman was an excellent recruiter for me and worked diligently, quickly and effectively to hook me up with a great law firm. I'm overjoyed to have found her and grateful for the hard work and help she provided to me.
Read more
Anush M.
Anush M.
March 18, 2022.
Estrin Legal Staffing is the best in the business - they are professional, provide necessary guidance, encouragement and invaluable advice. Their candidate and employer match up is top notch and delivers successful results. Maggie was a pleasure to work with - amazing personality, super responsive and diligent.
Read more
Esmeralda Weinstein
Esmeralda Weinstein
March 8, 2022.
I worked with Madeline and she was amazing! She’s about business and I love that. She helped me get an interview where I wanted to work for. She is fast at responding and let’s you know every update she has on her end until we know if we got the position or not. Thank you so much!!
Read more
Selene Vega
Selene Vega
March 7, 2022.
Maddie is awesome! She is so supportive and professional. I am so HAPPY to be working with her. I know I am in good hands with Maddie on my side. I cannot stress enough how thankful I am for her and Estrin Legal Staffing.
Read more
Ashley Williams
Ashley Williams
March 7, 2022.
Stacey is the absolute best! She is very diligent and hardworking & strives for the best results & I appreciate everything she’s done to help me in my career! 🤎🤎
Read more