Putting Perspective on Paralegal Standards
By Javan Johnson, ACP
Why did Texas need standards for paralegals? Why should paralegals and attorneys want to embrace the idea of
having paralegal standards? What can it mean to your paralegal career? What can it mean to an attorney’s law
practice? What can it mean to the client’s legal matter? All of these are important questions for each of us to ask
not only ourselves, but to also ask our attorneys, our law office administrators, our judges, our co-workers, and
many others ask—why?
We thought it appropriate to bring focus back on the Texas Paralegal Standards (“Standards”) that were adopted
by the State Bar of Texas and the Paralegal Division in 2006. These Standards evolved after many years of work on the
part of various committees of both the Paralegal Division and the State Bar of Texas, which included members of the
Paralegal Committee to the State Bar of Texas, in seeking a more formal definition of “paralegal” in the State of
Texas. Up until that time, there was no formal definition of who could work as a paralegal, or who could call
themselves a paralegal. Literally anyone could work as a “paralegal,” yet not meet the higher standard of
professionalism that this profession does indeed deserve.
In the United States, paralegals have taken many different paths to their careers. These paths comprise an
array of varying levels of education, different certifications and on-the-job training. Paralegals work in many areas
of law, in a wide variety of practices, and the work we are required to do often depends on what mixture of
experience, skills, education and certification we possess.
There was no specific educational or experience requirement in the United States or in Texas for paralegals.
Some paralegals have built their career specifically through on-the-job experience. Others have taken a one or
two-year paralegal program or received a Bachelor’s degree—many work with Bachelor’s degree in non-legal programs.
Yet others sit for one type of certification examination or another—whether through one of the national paralegal
groups, or through the Texas Board of Legal Specialization. We have evolved from a wide range of backgrounds with no
specific path for us to follow—at least until now!
Our Paralegal Division has always had a vision of increasing professionalism to assist in maintaining the
integrity of the legal profession. The use of paralegals makes legal services available to the public in an efficient
and convenient way that should command respect and confidence. We were fortunate to have two members of the judiciary
serving on the committees that researched these issues, and saw the Paralegal Standards come to fruition—Judge Xavier
Rodriguez of the United States District Court, Western District of Texas, and Judge Lora Livingston of the 261st
District Court, Travis County, Texas. Judge Rodriguez was gracious enough to write an article on the Standards which
is reprinted within this edition.
In recent conversations with Judge Livingston concerning the Standards and why they are so important to the
legal profession in Texas, Judge Livingston stressed professionalism—pure and simple. She has shared with numerous
attorneys the higher level of professionalism that is necessary in order to properly represent their clients and to
seek appropriate recovery of paralegal time as part of an attorney’s fees award. She has found that many attorneys
are not familiar with the Gill Savings case referenced in the Standards, and which is the key case on what type of
“substantive legal work” qualifies for an attorney’s fee award. Gill Savings specifically sets out that clerical and
administrative work performed by any person is not considered “substantive legal work” and therefore courts may
reduce the attorney’s fees award for any such work that does not meet that higher standard.
Judge Livingston routinely is reviewing requests for attorney’s fees and having to educate attorneys and staff
members as to what qualifies for an attorney’s fees award. She deducts from the offered attorney’s fees bills any
clerical or administrative work that is included, thereby reducing the amount of award that the attorney receives. In
asking her what she does to educate these attorneys, she said she literally sends them to the law library to read the
Gill Savings case so that they are further educated as to what fees are allowed. In addition, she has handed out
copies of the Standards to attorneys, and requested them to familiarize themselves with the meaning of the Standards.
Fellow paralegals, this is an important issue. It is vital for each of you to become familiar with the
Standards, if you have not already done so. And even more vital is the fact that your law firms, attorneys,
administrators need to know about these Standards and begin using these Standards as the benchmark for hiring
paralegals, utilizing paralegals, and billing paralegal time. Some of us may think – I don’t fit into those
categories in those Standards, so I reject the whole idea. In that case we should ask ourselves that “why?”
question—why would we not want to be the most professional we can be in our careers?
We have raised the bar – forgive the pun, but it is true. The “legal bar” as a whole will benefit from these
Standards giving a more formal definition to our profession. We have once again advanced the paralegal profession
with our continued vision toward the future for Texas paralegals. Educate yourself and those around you. This
Division is one that continues to enhance the paralegal profession, so let those advances also advance your own
career.
Javan Johnson is a contract paralegal in Longview. Javan is a Board Certified paralegal in Civil Trial Law by the
Texas Board of Legal Specialization and an Advanced Certified Paralegal in civil litigation by the National
Association of Legal Assistants. She is a past President of the Division and has served as President-elect and
District 14 Director of the Paralegal Division. Javan is a Charter Member of the Paralegal Division and is currently
serving various volunteer positions for the Division as she has for the past 20 plus years.
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