The LAD authorized the Long Range Planning Task Force to survey Texas legal assistants concerning professionalism. The Professionalism Survey sought to obtain responses to questions such as: "What constitutes professionalism?" and "How can professionalism be enhanced?" "Do you think entry into the profession should be limited or defined?" "Should persons entering the paralegal profession meet a minimum standard?" "Should persons not meeting a certain standard be allowed to call themselves legal assistants or paralegals?" Further comments were sought continuing legal education, the Texas specialty certification program, and problems facing paralegals.
The Professionalism Survey was published in the summer 1996 issue of the Texas Paralegal Journal and distributed at the 1996 annual meeting, as well as at various seminars and Division functions. LAD hosted the fall 1996 meeting of the Texas Alliance of Paralegal Associations ("TAPA"). Questionnaires were again distributed to all Texas local associations and professionalism was the topic of the TAPA Open Forum, generating much discussion.
Three-hundred-and-ninety-three persons responded to the Professionalism Survey. Most of the respondents actively work in the legal assistant profession. However, some responses were from retired legal assistants and others were from students. The results are summarized below.
Limiting or Defining Entry Into the Profession
While the results clearly indicate that paralegals in Texas (or at least these respondents) believe entry into the profession should be limited or defined, there was no consensus on how that should be achieved. 94% of legal assistants favor working under the supervision of attorneys. It is, however, important to note here that licensure does not necessarily mean practicing independent of attorney supervision.
For example, the 60% that favored paralegals performing services in the traditional role indicated that certification followed by licensure was the most popular method. The percentages are as follows: "All of the above" refers to positive responses for licensure, certification and registration.
The 34% favoring an expanded role for paralegals while remaining under the ultimate supervision of attorneys indicated certification was the method of choice. Once again, however, there was no clear consensus. Responses were as follows:
The respondents (6%) favoring an expanded role for paralegals not under the ultimate supervision of attorneys again favored certification followed by licensure. However, there was no consensus as to the method.
Mandatory Continuing Legal Education
LAD Membership
The responses were split evenly concerning whether or not LAD membership should be voluntary or mandatory with 48% respondents answering that LAD membership should be mandatory and 49% feeling that LAD membership should be voluntary.
TBLS
70% of respondents feel that the Texas specialty certification program for paralegals establishes an adequate measure of advanced proficiency.
Specific Problems Facing Legal Assistants
The most commonly mentioned problems facing legal assistants were:
restriction of persons able to use the name "legal assistant/paralegal"
Response Group Makeup
The following summarizes the makeup of the response group, as indicated in the survey responses:
Carolyn Benson, CLA, is with Parker & Parsley,
an oil and gas company whose corporate offices are located in Dallas, Texas.
Carolyn is a former member of the Division Board from District 11 and is
currently a member of the Long Range Planning Task Force.