The Legal Assistants Division of the State Bar of Texas was created as a division of the Bar in 1981. One of the first issues addressed by the newly-created Legal Assistants Division was "certification and licensing issues."1 At that time in our history, we did not have a definition of a legal assistant. Legal Assistants were seeking avenues to demonstrate their abilities and capabilities. In 1983 a survey of Division members and local association members asked, "Do you believe that voluntary certification would enhance the development of the legal assistant profession in Texas?" 72.8% responded "yes." When asked "Would you like to see the Division take steps to develop such a voluntary certification program over the next two years?" 76.1% responded "yes." While many legal assistants had already taken the Certified Legal Assistant examination given by the National Association of Legal Assistants, no similar state program was available in Texas.
In July of 1984 a questionnaire was developed to identify the preferred content of a voluntary certification process, including areas such as an examination, completion of a paralegal program, work experience, or a combination. The responses indicated a preference for a combination of all of the options.
During 1985 the Division held public hearings across the state which focused upon two proposals. One proposal contemplated a two-day exam with general and substantive portions. The other involved participation in the NALA state adjunct certification program (taking of the NALA "CLA" exam and a state portion of general and specialty substantive areas). Comments at the public hearings revealed no consensus for either of the two proposals, however.
In subsequent years, the Division continued to study the certification issue through its Professional Development Committee and through a Task Force. At an April 16, 1988 Special Meeting, the LAD Board determined that a NALA Adjunct Program would best meet the needs of Texas legal assistants; however, the Board decided that final approval of any certification program would rest with the membership. A referendum was held in July, 1988, the result of which was that the proposed NALA-adjunct certification was defeated (235 FOR, 428 AGAINST).
The certification "debate" continued, however, with some legal assistants questioning whether the referendum indicated a "no" vote against certification or only against the NALA-adjunct method proposed.
During this time period, the LAD had accumulated approximately $77,000 which was dedicated to certification. In November of 1989, the Board approved another referendum to the members: whether to release the funds accumulated or to reserve the funds for future certification endeavors. The results were 494 to RETAIN the fund, and 416 to RELEASE the fund.
In 1990 the Board said it would proceed with "determination not haste" in moving forward with certification. It commissioned a Digest to review the historical actions of the Division. After completion of the Digest (Chaired by Lynn McBee- Houston), the Board asked each member to discuss the Digest with its local members and the local associations in their District.
At the April, 1991 Board Meeting, a roundtable discussion was held to determine a consensus on certification. The result of the meeting was a Resolution for a joint Task Force (joint between the Legal Assistants Division and the State Bar) on specialty certification, rather than a general certification. The State Bar received the Resolution and agreed to participate in the Task Force. The first Task Force on Specialty Certification meeting was held June 21, 1991. The Chair of the Task Force was Justice Linda Thomas. Nine meetings were held during 1991 and 1992.
The Task Force on Specialty Certification consulted with Justices of the Supreme Court, Members of the Texas Board of Legal Specialization ("TBLS"), and its Executive Director, past State Bar Presidents, State Bar Board of Director Members, Legal Assistant Division Board of Directors members, State Bar General Counsel, State Bar Executive Director, State Bar Board Advisors to the Division and to the Legal Assistant Committee.
After these discussions, the suggestion was made, and supported by the State Bar leadership, that the Texas Board of Legal Specialization be considered as the vehicle for such Specialty Certification. In April, 1992 an explanatory letter and Referendum was sent to Division members to determine interest in such examinations and the area(s) of specialty that would draw the most interest.
In May, 1992 the State Bar Board of Directors approved the concept that TBLS administer specialty certification examinations for legal assistants. Subsequently, in December, 1992, the TBLS approved the proposed plan/structure drafted by the Joint Task Force for implementation of the program for legal assistants. ("Texas Plan for Recognition and Regulation of Voluntary Specialty Certification for Legal Assistants in the State of Texas") In 1993 the Supreme Court entered a Misc. Docket Order which amended the Texas Plan For Recognition And Regulation of Specialization in the Law to allow the TBLS to administer specialty certification examinations for legal assistants in Texas.
The work of the Joint Task Force was deemed complete, and the Advisory Commission to oversee the legal assistant examinations was created and implemented. A final report was submitted by the Task Force in October 1993.
The Advisory Commission then began the task of recruiting legal assistants and attorneys to work on the first three examination drafts: Civil Trial, Personal Injury and Family Law. To the extent possible, attorneys who were Board Certified were recruited to assist in the drafting exercises.
TBLS prepared application packets and accepted applications to take the exams from qualified legal assistants who met the established criteria. In March, 1994 the first three examinations were given (Civil Trial, Personal Injury and Family Law). Successful candidates were conferred the use of the term: "Board Certified Legal Assistant-[area, e.g. Civil Trial], Texas Board of Legal Specialization."
The examinations have been given each Spring since 1994, (four testing years accomplished) and TBLSis now in the process of adding additional specialization areas as interest is demonstrated in expanding the examinations. For more information on the TBLS certification for legal assistants, or to indicate an interest in an additional test area, contact:
1Charge to the PDC Committee, 1982