LETTER TO THE EDITOR
Dear Editor:
I am writing this letter to share with your readers some information I have recently received which I think can be of use to the Division in its quest to achieve a greater professional definition for Texas legal assistants.
I recently had a telephone conversation with Pamela Peppe, who is in charge of Legal Affairs for the American Academy of Physician Assistants. Pamela is also a Federal Lobbyist. I called Pamela because I was interested in finding out how PA's became regulated, and if they experienced any opposition from doctors along the way. (The wife of a colleague of my husband is a PA, and I had previously spoken with her about PA's and their licensure process.)
Pamela has a dynamite personalty, as one might imagine given her occupation as a Federal lobbyist. She was extremely interested in the paralegal profession, and willing to answer my questions and help me in any way she could. We spoke for about 45 minutes. Pamela told me there were only about 2,500 PA's currently in practice in the entire United States. She also told me that regulation of PA's came under the "law of agency." In other words, PA's act as agents of physicians, and thus, regulation of PA's is written into the same rules of regulation for doctors by the State Boards of Medicine.
In Pamela's words, "PA's are joined at the hip with physicians. They are not a separate and distinct occupation." Everything a PA does is done under the supervision of a physician. However, utilization of a PA can be different given the geographical location of the PA. For instance, in a metropolitan area, where there are many physicians, PA's may be used to perform some basic medical tasks, such a removal of sutures. However, in more rural areas, PA's take on a wider role, and may report to a supervising physician only once a week. Pamela did stress that whether rural or metropolitan, PA's still do not practice medicine on their own. There is also a limit to the number of PA's a physician can supervise.
Pamela told me that the AMA was instrumental in the regulation of PA's. The AMA set up a committee for accreditation, which became the PA Program educational standard. The AMA also set up the National Committee for Certifying Physicians Assistants. In order to sit for the National Certification Board Exam a person must have graduated from a PA program that was accredited by the Accreditation Committee.
Pamela was appalled that paralegals are not regulated. She said it was shocking to think that she is paying for paralegal time and there is no standard for credentials. Her recommendations were as follows:
While all of this seemed overwhelming to me at first, a few days later I learned some other information that was encouraging. By 1998, all Texas legal assistant programs that are affiliated with Universities, Colleges, or Community Colleges, will have "standardized" their curriculum. The reason this is being done is so that students can transfer from one program to another. I do not believe any other state has undertaken this task. I also understand that the American Association for Paralegal Educators (AAFPE) is in the process of preparing an exit exam for all schools affiliated with AAFPE. It appears to me that these two events will have a monumental impact on our profession.
I am wondering if it would be possible for a Committee to be formed with its members being composed of the Division, a TAPA liaison, the Bar, and the Texas Paralegal Educators. Its purpose would be to investigate the feasibility of creating an accreditation committee.
I am cognizant that it has yet to be determined what Texas legal assistants want in terms of "professional definition." Maybe it is time we quit thinking in those terms and instead think in terms of not what we want, but what the public needs. I know we can show the potential for public harm if the situation remains unchanged. I think we can utilize case law to show the ethical concerns, as well as examples that we have all seen of people calling themselves legal assistants and practicing UPL. We also can point out the danger of a disbarred attorney practicing under the title of legal assistant.
While I believe the Division has done, and continues to do, great things for Texas paralegals, I would like to see Texas take a stronger lead in the direction that our profession is taking. Sally Andress Dallas
This year, the Legal Assistants Division's Professional Development Committee organized the "Exceptional Pro Bono Service Award." The award was designed to recognize a Division member who is worthy of special recognition based on his/her pro bono service. The committee solicited nominations in the January edition of TPJ, etc. After reviewing each of the nominations received, the PDC chose Patricia Hammer, CLA, of Fort Worth, Texas as this year's recipient of the Exceptional Pro Bono Service Award. Pat will be presented with the award at the Division's Annual Meeting in Houston on Friday, June 20, 1997.
Patricia Hammer has been a paralegal since 1992 and began her career as a volunteer with the Child Support Enforcement Division of the Attorney General's Office in Fort Worth, Texas. When Pat became a paralegal, she immediately joined the Fort Worth Paralegal Association, where she served as Community Services Committee Chairperson from 1992 until 1996 when she became President-Elect. As Community Services Chair, Pat was responsible for the Pro Bono Will Clinic. The FWPA Pro Bono Will Clinic was the first pro bono clinic founded solely by paralegals in the State of Texas and Pat has volunteered her time there since its inception. The clinic is open one Saturday every month and provides services to indigent people who cannot afford to retain counsel for those matters involving wills and other estate planning documents. The clinic is operated in conjunction with West Texas Legal Services and now is co-sponsored by the Tarrant County Probate Bar Association. For those who fall short of qualifying under the income guidelines utilized by West Texas Legal Services, Pat and her supervising attorney, Keith Spencer, provide an "at home" will service.
Pat also provides notary services for needy families as well as representing individuals in Social Security hearings and she refuses the fee. Pat, under the supervision of Mr. Spencer, also assists with guardianships for parents of adult retarded children, for costs of court only. Pat also works with Women's Haven referrals who represents abused women, as well as women who simply cannot afford an attorney. These women call Pat, sometimes daily, for hope and encouragement. West Texas Legal Services has come to rely upon Pat and Mr. Spencer as a source of referrals.
When asked for a recommendation from her supervising attorney, Keith Spencer wrote:
[Pat] came to our office approximately two years ago after having distinguished herself in other law firms previously. When an opening in our office occurred, we sought Pat out. Her reputation in the litigation community was such that we had been waiting for an opportunity to recruit her for some time.
Mr. Spencer further wrote:
In addition to her efforts coordinating the pro bono Will Clinic sponsored by the Fort Worth Paralegal Association, Pat is active in the Tarrant County Bar Association, and serves as a speaker at various seminars. She frequently spends evenings notarizing documents for home bound and elderly pro bono clients. On occasion she prepares real estate documents for other pro bono clients, and has gotten our firm involved in West Texas Legal's pro bono program.
Pat also provides administrative volunteer services to her community through non-legal arenas in the school system and in her city. Pat is the Co-chair of the Benbrook City Council Homerule Charter Advisory Committee; a member of General Dynamic's Adopt-a-School Program from 1988 to 1990; has organized and sponsored General Dynamic's first Drug Awareness Fair; and also served on General Dynamic's Community Services Board.
The Professional Development Committee would like to congratulate Patricia Hammer for her seemingly tireless efforts in pro bono work.
TEXAS PARALEGAL JOURNAL
Summer 1997
©1997 Legal Assistants Division, State Bar of Texas