IN RETROSPECT
The following article was originally written in early 1984 for the NALA magazine, Facts and Findings and revised for this publication. It contains some historical data, but most importantly, it expresses the spirit, optimism, and hopes for the direction of the legal assistant profession at that time.
This was the introductory statement of the outgoing President of the State Bar of Texas, Wayne Fisher, delivered in Austin in June 1982. The quotation is strong in meaning and potent in force in establishing the framework for what is probably the most significant opportunity for the development of the legal assistant profession in the country. We, the legal assistants in Texas, have received formal recognition by the organized Bar in Texas. This is a one-of-its-kind privilege, and we should gratefully acknowledge that. But more importantly, we have thus become the recipients of one of the greatest gifts of all-opportunity. Equally important is the over-riding question of whether we are being worthy of that "opportunity".
As with any entity, there were, and still are, periods of trepidation, followed by leaps forward and steps backward, moments of confusion, and those rewarding glimmers of pride and determination. In the fifteen years of its existence, the Division has clearly and steadily grown in statewide and national interest and self awareness. The most difficult challenge was one that is peculiar to Texas...that is how to unite and bring together the diverse and distant areas found in the far reaches between Houston and El Paso, and the Panhandle and the Valley. At first blush it seemed to be an almost impossible quest. But as our ranks began to swell, so also did our combined spirit, and the common thread of enthusiasm and pride in the profession, coupled with a universal eagerness and need for recognition, narrowed those distances as legal assistants statewide closed ranks and joined each other in a most exciting learning experience that will hopefully continue in the years to come. Respect has developed and mushroomed and has evidenced itself in a number of unexpected situations. Legal assistants with long years of work experience and the in-depth unique savvy only acquired by "doing it all" began to develop respect for highly specialized legal assistants with formal degrees, with the result that such respect became mutual.
The first meeting of the Division Board of Directors was held in Austin in March of 1982. The atmosphere was permeated with a sort of curious anticipation as to what the future would hold, and the anxiety of knowing that whatever developed as a result of their efforts also would immediately become their responsibility. Initially, the Board elected officers and resolved some fundamental organizational questions such as letterhead, membership certificates, and membership cards. They approved the Division's first budget, and the first Chairperson of the Board made interim committee appointments under which members would serve until the first Board meeting following the annual membership meeting, when committee chairpersons and members would be officially appointed. Three important steps were taken at this first Board meeting: ratification of the Division Bylaws, revision and adoption of the Division Code of Ethics and Professional Responsibility, and acceptance of the Texas Lawyers Credit Union's invitation to members of the Division to join the Credit Union as professionals in their own right, rather than as employees of attorneys. A proposal that the September Board meeting be held in Dallas in conjunction with the meeting of State Bar of Texas Legal Assistants Committee was approved. Coordination of these meetings promised an informal opportunity for the Committee members, whose initial action had given life to the Division, to become acquainted with new Board members.
The First Annual Meeting of the membership was held in Austin on June 30, 1982, and there were approximately 125 people in attendance. The Bylaws were amended to provide for two additional directorships, one for Harris County (Houston) and the other for Dallas County. By this time, the membership in each of those Districts exceeded 150, and it was concluded that another Director should be appointed by the Board in each so that the membership would be adequately represented.
The September Board meeting in 1982 was similarly productive. The Board met jointly with the State Bar Legal Assistants Committee. The purpose of the joint session was to allow members of both groups to get acquainted and to share ideas about matters of mutual concern. A major portion of the discussion centered around one of the Committee's current projects which promises to be one of the most significant steps forward for legal assistants statewide-namely, producing a manual for attorneys working with legal assistants. This manual was comprehensive in coverage, and lists specific functions as well as job descriptions in specialty areas.
The groundwork was also established for segregating the Division funds from State Bar funds. The Executive Committee of the State Bar had indicated an interest in trying to develop an agreement with the Division whereby the dues revenue for the Division would not be co-mingled with State Bar funds. The Board approved the concept and authorized the Executive Committee of the Division to enter into such an agreement if approved by the Board of Directors of the State Bar, and indeed, it was approved. A contract for management services was executed, whereby the State Bar agreed to furnish accounting, bookkeeping and other ordinary management services to the Division, and provide support staff sufficient to accomplish its purposes. Division dues revenue is now deposited in the Division account and is subject to allocation by the Division Board of Directors for expenditures in conducting its business. Approval of the budget and allocation of State Bar funds to the Division by the State Bar Board of Directors is no longer required.
The Division Membership Committee next turned to studying the very important issues concerning membership criteria. The committee began by recommending that the application for membership be changed to require a "comprehensive" description of the paralegal work performed by the applicant, rather than a "brief" description. This recommendation was made in order to facilitate the approval of membership by the Membership Subcommittee in each respective District.
In the Fall of 1982 another initiatory step was taken as discussion revolved around establishing guidelines for disciplinary action growing out of violations of the Code of Ethics and Professional Responsibility. Needless to say, this was a laborious undertaking by the Division's Professional Ethics Committee. However, their dedication, diligence and meticulous efforts resulted in a sound, organized, and thorough procedure for processing alleged violations. This disciplinary procedure, adopted by the Board on June 30, 1983, is now incorporated by reference in the Bylaws, and is specifically set forth in the Standing Rules.
The Division's Second Annual Meeting was held in Fort Worth in June, 1983, with approximately 140 members attending. Proposed Amendments to the Bylaws were approved as amended, and subsequently the Board adopted Standing Rules for the operation of the Division, including criteria for membership and disciplinary procedures as mentioned above. Tom Hanna, an attorney with the Beaumont law firm of Mehaffy, Weber, Keith & Gonsoulin, and Bob Towery, staff attorney for the Division, were the recipients of the Division's first Award of Excellence. The award was to be given for an outstanding contribution to the professional enhancement of legal assistants in Texas, and would not necessarily be made on an annual basis. However, the Board voted unanimously to give the award to these two attorneys who have contributed so much to the legal assistant profession in Texas.
The Fall meeting of 1983 was once again a joint meeting with the State Bar of Texas Legal Assistants Committee. The Directors of some 18 paralegal programs in Texas were also invited and their response was so positive that another triple meeting was scheduled for fall 1984. One result was the appointment of an ad hoc subcommittee comprised of educators, legal assistants, and attorneys for the purpose of ascertaining some uniform measure of competency so as to improve the quality of paralegal education and training. Certification has always been a topic of concern for both the Division and the Legal Assistants Committee. This joint meeting resulted in an agreement to conduct a survey on the subject of certification, and in November 1983 the Division, in cooperation with the State Bar Legal Assistants Committee, surveyed legal assistants in Texas on the subject of voluntary certification. From a total of 1,744 questionnaires mailed, 992 were returned within the stated time frame, for a return of 56.9%. On the question of whether certification should be voluntary, 86.4% voted yes, and 72.8% responded that voluntary certification would enhance the development of the legal assistant profession in Texas. Sixty-five percent indicated they would be interested in pursuing voluntary certification if such a plan were implemented in Texas, and 76.1% said they would like to see the Division take steps to develop such a plan. The Division's Professional Development Committee was assigned the task of gathering information and determining what steps should be taken in the intricate and detailed process of developing a plan which could be presented to the general membership. Note: This was the LAD's initial attempt at implementing a certification program. The voluntary certification program was presented to the full membership by referendum during the summer of 1988. The referendum failed and the LAD was challenged to explore new horizons. Fortuitously, the funds set aside for this failed program were eventually used to launch the new specialty certification program for legal assistants now administered by the Texas Board of Legal Specialization.
At the Fall meeting, the Board recognized the absence of direction from the Board to the various committee chairpersons. Communication was practically nonexistent with some committees, and this was largely due to the vast distances between those persons responsible. The Board implemented Committee Guidelines and Timetables, thus giving the chairpersons a framework in which they could be more effective and productive.
Another problem encountered by the Board was that of effective and timely communication with the general membership. Although the Division has a section in the Texas Bar Journal, the space is limited and the deadlines are not conducive to the dissemination of current news. Accordingly, the Board of Directors decided to publish a periodic newsletter, and the first issue was mailed in May, 1984. Early summer was the target date for another project completed by the Division Publications Committee. A brochure was published describing some of the structural aspects of the Division, i.e. History, Membership, the Committees and their stated purposes, etc.
In closing, I want to comment personally and professionally upon some observations which have become apparent over a period of time. Since the time of the Division's inception, it has had nothing but positive reinforcement from the lawyers who were part of the decision making process. This includes the members of the Legal Assistants Committee, the President of the State Bar, the Executive Director of the State Bar, and the Board of Directors of the State Bar. The impetus for their enthusiasm and support did not come from the apprehension that if they did not intervene, legal assistants would "take over", so to speak, or become unwieldy. To the contrary, it came from the very genuine recognition that legal assistants are now, and will continue to be, a very vital part of the practice of law by attorneys. This backing grew out of respect for the contributions that legal assistants make in better serving those who are in need of legal services. We know that without lawyers there would be no legal assistants, but more and more lawyers are saying that they become better lawyers with the contributions of legal assistants. The establishment of the Division is a formal recognition by the lawyers of Texas that legal assistants not only exist, but also that a very high value is placed on their contributions to the quality and integrity of the profession of law. It is an opportunity that is ours and ours alone. As we enter into the 1996Ð1997 period, we will once again be put to the test of whether we are worthy of that recognition and that opportunity. But then isn't "getting better" what professionalism is all about?
TEXAS PARALEGAL JOURNAL
Fall 1996
©1996 Legal Assistants Division, State Bar of Texas