Frequently Asked Questions
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.”
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.
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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 and 6152.
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.
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)
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.
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.
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.
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.
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.
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.
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.
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
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.
“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.
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.
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.
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/.
In 2012, SDPA upgraded its website. Every member will have to re-create their membership profile. This means you will have to create a username and password. To access the members only area, click on the “Members Area” tab. Once the page loads, a registration form will appear. Fill out the form completely and submit your information. The first box will contain your username, the second box will contain your first name, etc. The very last box will contain your email address. If any of the information is not entered correctly, the website will reject your information.
Once your information is submitted, our Membership Chair will approve or deny your membership based on your current SDPA membership status. Please allow 1-2 weeks for processing.