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PARALEGALS FAQ's
What is a paralegal?
Is there a difference between a legal
assistant and a paralegal?
What does a paralegal do?
What are things a paralegal cannot do?
How important is confidentiality in the paralegal
profession?
May a paralegal work directly for the public?
What is California AB 1761?
Who regulates paralegals in California?
What are the educational and work experience requirements
for paralegals in California?
What if I come from another state to work in California? Can
I qualify under the code?
Do I need to attend an ABA Approved
Program?
Where can I attend a paralegal education program in San
Diego?
What is CLE or MCLE?
What are the continuing education requirements for
paralegals in California?
Do I have to submit proof of my CLE hours?
How do I determine when I should start my continuing
education?
What types of continuing education courses
qualify under Business & Professions Code § 6450?
What does general or specialized
continuing legal education mean?
How do I get my first paralegal job?
How much money will I make?
What is NALA?
What is NFPA?
What is AAPI?
What is CAPA?
What is the difference between certificated and
certified?
Do I have to be certified to work as a paralegal?
Why should I take an exam to be certified?
What is an Advanced Certified Paralegal?
What is a California Advanced Specialist (CAS)?
What is a paralegal?
Pursuant to California Business & Professions Code §
6450(a), "Paralegal" means a person who holds himself or herself
out to be a paralegal, who is qualified by education, training,
or work experience, who either contracts with or is employed by
an attorney, law firm, corporation, governmental agency, or
other entity, and who performs substantial legal work under the
direction and supervision of an active member of the State Bar
of California, as defined in Section 6060, or an attorney
practicing law in the federal courts of this state, that has
been specifically delegated by the attorney to him or her…”
The following definition was adopted by the National
Association of Legal Assistants (NALA) membership in 1986:
“Legal assistants, also known as paralegals, are a
distinguishable group of persons who assist attorneys in the
delivery of legal services. Through formal education, training
and experience, legal assistants have knowledge and expertise
regarding the legal system and substantive and procedural law
which qualify them to do work of a legal nature under the
supervision of an attorney.”
In recognition of the similarity of the definitions and the
need for one clear definition, in July 2001, the NALA membership
approved a resolution to adopt the definition of the American
Bar Association (ABA) as well.
The ABA definition reads as follows: “A legal assistant or
paralegal is a person qualified by education, training or work
experience who is employed or retained by a lawyer, law office,
corporation, governmental agency or other entity who performs
specifically delegated substantive legal work for which a lawyer
is responsible.”
As defined by the American Association for Paralegal
Education (AAfPE): “Paralegals perform substantive and
procedural legal work as authorized by law, which work, in the
absence of the paralegal, would be performed by an attorney.
Paralegals have knowledge of the law gained through education,
or education and work experience, which qualifies them to
perform legal work. Paralegals adhere to recognized ethical
standards and rules of professional responsibility.”
As defined by the National Federation of Paralegal
Associations (NFPA), a “…Paralegal is a person, qualified
through education, training or work experience to perform
substantive legal work that requires knowledge of legal concepts
and is customarily, but not exclusively, performed by a lawyer.
This person may be retained or employed by a lawyer, law office,
governmental agency or other entity or may be authorized by
administrative, statutory or court authority to perform this
work. Substantive shall mean work requiring recognition,
evaluation, organization, analysis, and communication of
relevant facts and legal concepts.”
Is there a difference
between a legal assistant and a paralegal?
According to California Business & Professions Code § 6454,
the terms "paralegal," "legal assistant," "attorney assistant,"
"freelance paralegal," "independent paralegal," and "contract
paralegal" are synonymous.
What does a paralegal do?
The tasks performed by paralegals vary by attorney, offices
and the specialized area of law in which you work. It is
highly probable your duties will include all or some of the
below, with variations depending on the situation.
Under California Business & Professions Code § 6450(a),
tasks performed by a paralegal include, but are not limited to:
1) Case planning, development, and management;
2) Legal research
3) Interviewing clients
4) Fact gathering and retrieving formation
5) Drafting and analyzing legal documents;
6) Collecting, compiling, and utilizing technical
information to make an independent decision and recommendation
to the supervising attorney; and
7) Representing clients before a state or federal
administrative agency if that representation is permitted by
statute, court rule, or administrative rule or regulation.
What are things a paralegal cannot do?
Under Business & Professions Code § 6450(b), a paralegal
shall not do the following:
1) Provide legal advice.
2) Represent a client in court.
3) Select, explain, draft, or recommend the use of any legal
document to or for any person other than the attorney who
directs and supervises the paralegal.
4) Act as a runner or capper, as defined in Sections 6151
and6152.
5) Engage in conduct that constitutes the unlawful practice
of law.
6) Contract with, or be employed by, a natural person other
than an attorney to perform paralegal services.
7) In connection with providing paralegal services, induce a
person to make an investment, purchase a financial product or
service, or enter a transaction from which income or profit, or
both, purportedly may be derived.
8) Establish the fees to charge a
client for the services the paralegal performs, which shall be
established by the attorney who supervises the paralegal's work.
This paragraph does not apply to fees charged by a paralegal in
a contract to provide paralegal services to an attorney, law
firm, corporation, governmental agency, or other entity as
provided in subdivision (a).
How important is confidentiality in the
paralegal profession?
Extremely! Under California Business & Professions
Code § 6453, a paralegal is subject to the same duty as an
attorney specified in subdivision (e) of Section 6068 to
maintain inviolate the confidentiality, and at every peril to
himself or herself to preserve the attorney-client privilege, of
a consumer for whom the paralegal has provided any of the
services described in subdivision (a) of Section 6450.
May a paralegal work directly for the
public?
No. Under Business & Professions Code § 6450(a), paralegals
work under the direction and supervision of active members of
the State Bar of California or attorneys practicing in the
federal courts of California.
What is California AB
1761?
In January 2000, Assembly Members
Marilyn Brewer and Rod Pacheco introduced Assembly Bill 1761, to
establish the qualifications for practice as a paralegal and
make it unlawful for any person to identify himself or herself
as a paralegal unless he or she meets those qualifications and
performs all services under the direct supervision of an active
member of the State Bar of California. The bill also make
a paralegal subject to the same confidentiality requirements as
an attorney.
The bill also sought to make it unlawful for a paralegal to
perform any services for a consumer, except as directed by the
attorney or entity employing or contracting with the paralegal.
Furthermore, it prohibited a paralegal from performing various
acts, including giving legal advice, presenting a client in
court, and acting as a runner or capper. Also, the bill
made an attorney using a paralegal's services liable for the
negligence or misconduct of the paralegal. Finally, the
bill provided for the recovery of attorney's fees in a civil
action brought in connection with a violation of these
provisions.
The bill was codified and signed by Gov. Gray Davis in
September 2000 and was effective as Business and Professions
Code § 6450, et seq. on January 1, 2004.
Who regulates paralegals
in California?
Currently, there is no entity regulating paralegals. A
paralegal in California is responsible for acting ethically and
maintaining the appropriate educational and work experience
requirements, along with the Continuing Legal Education (CLE)
requirements outlined in California Business & Professions Code
§ 6450-6456.
However, under California Business & Professions Code §
6451, it is unlawful for a paralegal to perform any services
except under the direction and supervision of the attorney, law
firm, corporation, government agency, or other entity that
employs or contracts with the paralegal.
Under California Business & Professions Code § 6452(a), “(i)t
is unlawful for a person to identify himself or herself as a
paralegal on any advertisement, letterhead, business card or
sign, or elsewhere unless he or she has met the qualifications
of subdivision (c) of Section 6450…”
Additionally, under California Business & Professions Code §
6452(b),an attorney who uses the services of a paralegal is
liable for any harm caused as the result of the paralegal's
negligence, misconduct, or violation of this chapter.
Finally, California Business & Professions Code § 6455(a)
states “(a)ny consumer injured by a violation...may file a
complaint and seek redress in superior court for injunctive
relief, restitution, and damages. Attorney's fees shall be
awarded in this action to the prevailing plaintiff.”
Subsection (b) states “(a)ny person who violates the provisions
of Section 6451 or 6452 is guilty of an infraction for the first
violation, which is punishable upon conviction by a fine of up
to two thousand five hundred dollars ($2,500) as to each
consumer with respect to whom a violation occurs, and is guilty
of a misdemeanor for the second and each subsequent violation,
which is punishable upon conviction by a fine of two thousand
five hundred dollars ($2,500) as to each consumer with respect
to whom a violation occurs, or imprisonment in a county jail for
not more than one year, or by both that fine and imprisonment.
Any person convicted of a violation of this section shall be
ordered by the court to pay restitution to the victim pursuant
to Section 1202.4 of the Penal Code.
What are the educational
and work experience requirements for paralegals in California?
Under California Business & Professions Code § 6450(c), a
paralegal shall possess at least one of the following:
(1) A certificate of completion of a paralegal program
approved by the American Bar Association.
(2) A certificate of completion of a paralegal program at,
or a degree from, a postsecondary institution that
requires the successful completion of a minimum of 24 semester,
or equivalent, units in law-related courses and that has been
accredited by a national or regional accrediting organization or
approved by the Bureau for Private Postsecondary and Vocational
Education.
(3) A baccalaureate degree or an advanced degree in any
subject, a minimum of one year of law-related experience under
the supervision of an attorney who has been an active member of
the State Bar of California for at least the preceding three
years or who has practiced in the federal courts of this state
for at least the preceding three years, and a written
declaration from this attorney stating that the person is
qualified to perform paralegal tasks.
(4) A high school diploma or general equivalency diploma, a
minimum of three years of law-related experience under the
supervision of an attorney who has been an active member of the
State Bar of California for at least the preceding three years
or who has practiced in the federal courts of this state for at
least the preceding three years, and a written declaration from
this attorney stating that the person is qualified to perform
paralegal tasks.
What if I come from
another state to work in California? Can I qualify under the
code?
There would be no problem with a paralegal coming from
another state to work in California as long as the educational
requirements are met.
Where can I attend a
paralegal education program in San Diego?
Each school listed below has certification or degree
programs available. Refer to the school program for more
information related to full time and part time programs, classes
and tuition/fee amounts.
· University of San Diego Paralegal Program (ABA
Approved)
· http://www.sandiego.edu/paralegal/
· University of California, San Diego Paralegal
Certificate Program (ABA Approved)
· extension.ucsd.edu/paralegal
· Cuyamaca College Paralegal Studies Program (ABA
Approved)
· http://www.cuyamaca.edu/paralegal/
· San Diego City College Paralegal (Legal Assistant)
Program
· http://www.sdcity.edu/catalog/LegalAssistantParalegal_city2007-2008.pdf
· San Diego Miramar College Paralegal Program (ABA
Approved)
· http://www.sdmiramar.edu/instruction/LEGL/
· Southwestern College Paralegal Studies Program
· http://www.swccd.edu/Pdfs/Catalog/ParalegalStudies.pdf
Additionally, there are numerous paralegal programs on-line
that you can also attend.
Do I need to attend an ABA Approved Program?
No, so long as you fulfill any of the other requirements
listed under Business & Professions Code § 6450 (c).
What is CLE or MCLE?
CLE stands for Continuing Legal Education and MCLE stands
for Mandatory Continuing Legal Education. Both phrases can
be used interchangeably. According to the American Bar
Association (ABA), attorneys are required to take a certain
number of hours of educational courses over a period of time in
order to maintain a valid bar license. The CLE/MCLE
requirements vary from state to state for attorneys.
In California, Business & Professions Code § 6450(d)
requires paralegals maintain CLE/MCLE hours.
What are the continuing
education requirements for paralegals in California?
Under Business & Professions Code § 6450(d), California
paralegals must meet the following continuing education
requirements:
· Four hours of general or specialized legal education
every two years; and
· Four hours of legal ethics every two years.
Do I have to submit proof
of my CLE hours?
In California, there is no mechanism for reporting or
monitoring compliance with this requirement.
According to Business & Professions Code § 6450(d),
certification of these continuing education requirements shall
be made with the paralegal's supervising attorney. The paralegal
shall be responsible for keeping a record of the paralegal's
certifications.
If you are a Certified Paralegal, you may have to report to
the professional association in which you received your
certification (i.e. NALA, NFPA, AAPI) of the CLE hours you
completed within a specified time frame in order to maintain
certified status. Please refer to the relevant association
for its requirements.
How do I determine when I
should start my continuing education?
Under Business & Professions Code § 6450(d), all paralegals
were required to participate in CLE commencing January 1, 2007.
From therein, CLE/MCLE hours need to be completed within a two
(2) year cycle for the duration of keeping your paralegal title
according to the Code.
What types of continuing education courses qualify under
Business & Professions Code § 6450?
Business & Professions Code Section 6070 states that only
courses offered by the State Bar of California or by a State Bar
approved MCLE provider are recognized when considering MCLE
credit hours earned. If accredited by the State Bar of
California, the following are permitted:
· “Live” Education, i.e. participating in panel
discussions, question and answer periods and a classroom setting
where the teacher is in the room with the attendee.
· “Electronic Education,” such as audiotape, videotape,
CD-ROM or CD, online media including streaming video or audio or
other media.
· Satellite and Teleconference CLE
· University/Law School Courses
· Self-study education
· Writing legal articles for publications
What does general or specialized continuing legal education
mean?
General or specialized education refers to legal topics
related to a various areas of law, such as civil litigation,
estate planning, probate or family law. It can be related
to professional development or emerging trends in the legal
field.
How do I get my first paralegal job?
There are a variety of methods you can use to get your foot
in the door. Below are ideas on what you can do.
Internships – employees love someone who will work for free
or little pay in exchange for valuable work experience. It
may also lead to full-time work when you finish school or when
an opportunity opens up. Some local paralegal programs
also have an internship requirement built into the program too.
Check with your school to see if it has any internship
opportunities it advertises. Also, contact local attorneys
or firms for internship opportunities they may offer.
Temporary work – Temp assignments are also a good way to get
some experience and gain contacts and resources that provide
long-term benefits.
Networking - Many jobs are still found by word of mouth.
Networking is a great way to meet the practicing paralegals in
your area. These paralegals will know of immediate openings and
can help guide you while looking for your first job. If you do
not know many people in the legal profession yet, talk to
friends or family members. Chances are they might know
someone in the legal field and can forward along your resume.
Job Fairs - Do not underestimate the benefits of job fairs.
At one such fair, you can hand out your resume to numerous
placement agencies. You can talk to the people at the agencies
about how to improve your resume and interviewing techniques,
current hiring practices, and current job openings. You can also
meet and talk to other people who are looking for jobs or
currently practicing as paralegals.
Non-Paralegal Positions in Law Firms – Consider taking a
legal secretary or file clerk position as your first legal job.
It may lead to a promotion down the road and you can still get
the experience in the meantime. Also, do not forget to
tell potential employers about any prior work experience in
other industries. Regardless of your past position or industry,
you learned and developed many professional skills that may
supplement your legal education and training and provide added
benefit to your potential legal employer.
Other Paralegal-type positions - As you conduct your job
search, look beyond the traditional law firm paralegal role.
Many positions in business and government involve the
interpretation and application of legal principles, as well as
the ability to write and perform research. This is where the job
growth in the profession is occurring. While these jobs may not
be listed under "paralegal" in the want ads, the job functions
and responsibilities often require legal knowledge,
organizational skills, and analytical and judgment skills.
Today, some form of government regulator or policy affects
almost every business. Survey the businesses in your area and
target positions likely to benefit from your legal experience
and training.
How much money will I make?
Salary and benefits vary according to education, experience
and area of law that you work in. Check out: NALA’s
2008 Salary Survey (http://www.nala.org/Survey_Table.htm),
Robert Half Legal’s annual salary guide (http://www.roberthalflegal.com/FreeResources),
and Bureau of Labor Statistics Occupational Outlook and Wage
information for Paralegals and Legal Assistants (http://www.bls.gov/oco/ocos114.htm).
What is NALA?
The National Association of Legal Assistants (NALA) is the
leading professional association for legal assistants and
paralegals, providing continuing education and professional
development programs. Incorporated in 1975, NALA is an integral
part of the legal community, working to improve the quality and
effectiveness of the delivery of legal services. The
National Association of Legal Assistants is composed of over
18,000 paralegals, through individual members and through its 90
state and local affiliated associations. For more
information, please go to
http://www.nala.org/.
What is NFPA?
Founded in 1974, the National Federation of Paralegal
Associations (NFPA) was the first national paralegal
association. Created as a non-profit federation, NFPA is
an issues-driven, policy-oriented professional association
directed by its membership. It is comprised of more than
50 member associations and represents over 11,000 individual
members reflecting a broad range of experience, education and
diversity. NFPA’s Mission Statement and Core Purpose
delineate its dedication to the advancement of the paralegal
profession and leadership in the legal community. For more
information, please go to
http://www.paralegals.org/
What is AAPI?
The American Alliance of Paralegals, Inc (AAPI) was formed
in 2003 by a group of paralegals who wanted to promote and
improve the profession of paralegals; to advance the educational
and literary standard of the paralegal profession; and to
foster, encourage and disseminate information concerning the
profession. For more information, please go to
http://www.aapipara.org/.
What is CAPA?
California Alliance of Paralegal Associations (CAPA) is a
statewide non-profit, mutual benefit corporation dedicated to
the advancement of the paralegal profession and the proposition
that paralegals gain strength through alliance. CAPA represents
California paralegals working in attorney- supervised settings
and CAPA supports, encourages, and promotes an active
relationship among its affiliated member associations,
attorneys, national, state and local Bar Associations, and
others in the legal community. For more information, please go
to
http://www.caparalegal.org/.
What is the difference
between certificated and certified?
“Certificated” means that a paralegal has earned a
certificate or diploma from a school or program when he or she
has successfully completed the necessary paralegal training.
“Certified” means that a paralegal has earned an additional
distinction by taking a specialized examination of various legal
topics based on experience and education. Once a paralegal
becomes certified, he or she may need to earn a certain number
of Continuing Legal Education (CLE) hours and/or renew on a
periodic basis in order to maintain the certified status.
Presently, there are three professional organizations offering
certification exams:
· The National Association of Legal Assistants (NALA)
offers the Certified Legal Assistant/Certified Paralegal
(CLA/CP) exam. (http://www.nala.org/cert.htm)
· The National Federation of Paralegal Associations
(NFPA) offers the Paralegal Advanced Competency Exam/Registered
Paralegal (PACE/RP) exam. (http://www.paralegals.org/displaycommon.cfm?an=1&subarticlenbr=888)
· The American Alliance of Paralegals, Inc. (AAPI)
offers the American Alliance Certified Paralegal (AACP) exam. (http://www.aapipara.org/Certification.htm)
Bear in mind that this distinction is confusing to many
employers. When you see a help wanted ad for a certified
paralegal, what the employer may really want is a paralegal with
a certificate. Nonetheless, certification is recommended
because in some highly competitive markets employers prefer or
even require it. When evaluating paralegal programs or other
training programs, keep in mind the requirements you will have
to meet in order to receive paralegal certification.
Do I have to be certified
to work as a paralegal?
No. The exams to become certified are voluntary.
Why should I take an exam
to be certified?
NALA best describes the reasons to be certified below:
“NALA CLA/CP program establishes and serves as a:
· National professional standard for legal assistants
· Means of identifying those who have reached this
standard.
· Credentialing program responsive to the needs of legal
assistants and responsive to the fact that this form of
self-regulation is necessary to strengthen and expand
development of this career field.
· Positive, ongoing, voluntary program to encourage the
growth of the legal assistant profession, attesting to and
encouraging a high level of achievement”
Being a certified paralegal signifies that a legal assistant
is capable of providing superior services to firms and
corporations. National surveys consistently show Certified
Paralegals are better paid and better utilized in a field where
attorneys are looking for a credible, dependable way to measure
ability. The credential has been recognized by the American Bar
Association as a designation which marks a high level of
professional achievement.
Additionally, if you move from California, attorneys in
other states will recognize the certified paralegal distinction
and it will enable you to find a job more quickly. The
CLA/CP credential has also been recognized by over 47 legal
assistant organizations and numerous bar associations.
In 2006 and 2007, standards for paralegal certification
state entities were announced in Florida, North Carolina and
Ohio. The Paralegal Division of the State Bar of Texas also
offers a voluntary state certification program.
What is an Advanced
Certified Paralegal?
In 1982, NALA instituted the CLA Specialty (CLAS) program,
an advanced certification for those with the general
certification, to recognize specialized knowledge and assist in
career development. Twenty years after the institution of
the CLA Specialty program, a special task force was appointed to
look at the specialty program and see if changes were needed.
The Task Force determined it was time to redesign and
restructure the program. The result is the Advanced
Paralegal Certification (ACP) program. The Advanced
Paralegal Certification Board sought a program that would better
serve experienced paralegals wishing to enter new areas of
practice, as well as paralegals seeking advanced credentials in
their practice areas.
In 2006, NALA unveiled a new web-based format for the advanced
certification program.
To receive the ACP credential, all candidates must be
Certified Legal Assistants/Paralegals (CLA/CP) in good standing
and:
· Submit a completed learning contract for each APC
course taken within 30 days of enrollment. The learning contract
asks candidates for certification to outline learning objectives
for the course and reviews information about self-directed
learning.
· Complete all modules and exercises in the course and
all course requirements.
· Submit a completed statement of completion to advise
the board the course work is completed, discuss how learning
objectives were met, and request the award of the credential.
The advanced paralegal certification programs currently
offered appear below. The first three began in July 2006 and
Trial Practice was first offered in January 2007. Alternative
Dispute Resolution was first offered in April 2008.
· Alternative Dispute Resolution
· Contract Management/Contract Administration
· Discovery
· Social Security Disability
· Trial Practice
Courses to be introduced in 2008 include:
· Business Organizations - Incorporated Entities
· Land Use
· Personal Injury
The Advanced Paralegal Certification Board is considering a
wide range of possibilities for other programs. Each program
will be designed to reflect the work of paralegals in specific
practice areas. The Board will seek input from CLAs and NALA
members, review survey data, and other information to determine
additional programs.
For more information, please go to
http://www.nala.org/apcweb/index.html.
What is a California
Advanced Specialist (CAS)?
The California Advanced Specialty program was created in
1994, through an agreement between the National Association of
Legal Assistants (“NALA”) and the California Alliance of
Paralegal Associations (“CAPA”). The Commission for Advanced
California Paralegal Specialization, Inc. (hereafter the
“Commission”) was created as the entity to oversee, develop and
implement the California Advanced Specialist Examination Program
in order to certify qualifying paralegals as having advanced
knowledge in a specialty area of law based on California
statutory and procedural requirements and case law. The
Commission works closely with both NALA and CAPA to implement
the goals of paralegals in California to maintain a paralegal
advanced certification program.
A California Advanced Specialists (CAS) is a paralegal/legal
assistant who has successfully completed the Certified Legal
Assistant (CLA) examination and the California Advanced
Specialty (CAS) examination offered by the Commission for
Advanced California Paralegal Specialization (CACPS).
CACPS is currently revising its test-taking methods and is
preparing web-based examinations to mirror that of NALA’s
Advanced Certified Paralegal online exams. The first
online examination, California Discovery, was prepared in April
2008. The online assessment is comprised of three modules
that are an addition to NALA’s Advanced Paralegal Certification
Program in Discovery. The California portion highlights the
differences between Federal and California discovery laws and
procedures. A Certified Paralegal (CLA/CP) who successfully
passes the discovery online assessment will earn the credential
ACP/CAS. Paralegals who do not have the CLA/CP certification are
welcome to participate in these advanced specialty programs, but
the credentials will not be awarded.
Other CAS assessments under development include personal
injury, real property litigation, probate and trust
administration, and corporations. The Trusts & Estates and
Corporate Business Law modules are planned for release in 2008
as well.
The course is a presentation of text and slides, divided
into 10-15 modules with 12 pages each. There is a test
after each module, which consists of multiple choice and
true/false questions. The program will tell you what is
incorrect and will include a link back to a page for more study
and review. You must receive a 90% on all modules to pass.
If you do not receive a 90% score, then you would need to repeat
the modules until the score is achieved. The retake of the
modules will have different questions from the first test.
For more information, please go to
http://www.cla-cas.org/.
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