Should Education and Training Be Required Prior to Being Vested with the Title “Paralegal”?
By James D. Scheffer
It is a debate that ensues within the
occupational field, the national paralegal
organizations, and all areas of employment
of paralegals. It has been my personal
position at times, and expressed often
by others, that “If an individual has experience
and/or certification, they don’t need
formal education and should be exempt.”
While there is merit to this position, at
what point do exemptions from formal
education expire? How long should paralegal
organizations continue to perpetuate
exemptions while promoting education as
a hallmark of professionalism? Grandfather-
type clauses are usually put in place
to allow those already in a profession time
to achieve new standards or complete their
careers prior to full implementation. The
paralegal profession has, by conservative
calculations, surpassed the 30 year mark
and practically all paralegal organizations
maintain a clause that allows for exemption
from formal education for membership.
Review of Occupational Outlook Statistics
published by the U.S. Department of
Labor reveals that the “Paralegals and
Legal Assistants” occupation is firmly
established and is “projected to grow 22
percent between 2006 and 2016, much
faster than the average for all occupations.”
How is such growth to be managed?
From where should the new paralegal
come? On the job training, formal
education, or a combination of both —
what should the standard be? Who should
train these paralegals and according to
which criteria? Should paralegal organizations
develop and recommend standards
or should they rely upon institutions of
higher learning? Pioneers, like the membership
of the Paralegal Division of the
State Bar have led and provided clear
vision and leadership throughout the
years. However, the profession is reaching
a point of full maturity. The time has
come for guidance in the area of training
and education in order to receive proper
recognition from institutions of higher
learning and the working world. This
recognition can only come through education
and training that clarifies who is and
who is not a paralegal.
Standards for education and training
will allow career schools and institutions
of higher learning to design coursework
based on input from those practicing in
the profession so they may better prepare
paralegals to meet future employer
demands. Currently there is no true academic
model for paralegal training so
attempts are made to fit training into historical
academic models. Does paralegal
education belong within the school of
business, political science, criminal justice
or should there be a discipline specifically
dedicated to paralegals just as there is with
nurses, educators, counselors, and other
skill based occupations? Development of
education standards supported by paralegals
is the first step to finding paralegal
education’s proper place in the world of
academia because consulting paralegal
organizations is usually the first step most
take in learning how to become or train
paralegals. Standardized education may
also facilitate the promotion and development
of new ideas and concepts, while
refining knowledge, skills, and abilities
expected from paralegals. Standard credentials
for those who train paralegals
could also be developed.
To date, many paralegal organizations
have not developed and/or recommended
specific standards for education and the
result has been the proliferation of programs
all over the map with various criteria
that may confuse those contemplating
entering the profession as well as those
hiring paralegals. Paralegal training programs
are housed within career schools,
community colleges, four year universities,
and continuing education programs. Proof
of completion of a paralegal program
comes in just as many varieties, to include
Certificates with no other educational criteria,
Associate of Applied Science
Degrees, Bachelor Degrees, Certificates for
College graduates, and even Master Degree
programs. How does a prospective student,
employer, or even a professional
paralegal organization offering a path to
certification decide which credentials are
legitimate and/or preferred? Clear guidance
is needed and desired.
The American Bar Association and
American Association for Paralegal Education
have set substantial standards which
are acceptable for membership in most of
the paralegal associations.
Basic American Bar Association Guidelines
require a paralegal program of education
to be:
- At the postsecondary level of
instruction;
- At least sixty semester hours, or
equivalent, which must include general
education and legal specialty
courses; and
- Offered by an institution accredited
by an institution accrediting agency
acceptable to the committee.
The American Association for Paralegal
Education advises that paralegal education
programs should be able to demonstrate
that their graduates possess:
- Critical Thinking Skills
- Organizational Skills
- General Communication Skills
- Legal Research Skills
- Legal Writing Skills
- Interviewing and Investigation Skills
- The Paralegal Profession & Ethical
Obligations
- Law Office Management Skills
The guidance above is solid and appears to
be industry standard. However, such standards
are only embraced as long as they
are recognized by the professionals within
the paralegal occupation. The paralegal
career field is on the cusp of full maturity
and may only reach a full level of respect,
full understanding of what a paralegal is
versus what it is not, and proper place
within the academic setting when clear
standards are set as they are in other professions.
What is a profession? According to
Encarta, it is “an occupation that requires
extensive education or specialized training.”
Competent paralegals require extensive
education and specialized training;
therefore, education and training should
be required prior to being vested with the
title paralegal.
James D. Scheffer, Senior Chief Legalman,
U.S. Navy (Ret.) is the Director of
Admissions at the Center for Advanced
Legal Studies in Houston, Texas.
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