The legal profession has established minimum requirements for attorneys, including education and licensure, bu

The legal profession has established minimum requirements for attorneys, including education and licensure, but there are no such requirements for paralegals.


Some people have suggested that in order to work as a paralegal, a person must have a college degree and be licensed by the state. If a state license is required, obtaining the license would most likely require passing a state-administered examination, plus taking continuing education courses.



What do you think? What are the pros and cons?

Florida has recently adopted regulations governing & setting educational standards for "paralegals."

Fine with me, I have the degree.

Just giving someone a LEXIS password and saying "you're a paralegal" won't cut it.

Paralegals are skilled assistants to lawyers but they do not give professional advice and consumers do not rely on their professional skills. There is no reason for a license to be required and no reason for any governmental involvement.

However, it's a fact that, in the real world, there are many hack lawyers who employ paralegals to do volume-type work with clients in bankruptcy, social security, and similar cases in which the paralegal routinely crosses the line and functions as a lawyer. This is illegal and, in my opinion, should remain so.
Personally,

What type of paralegal? Specialized training leading to certification in a specific paralegal field would be of more use than a general degree or a one-size-fits-all license. How would a course in property abstracting help someone in collections? That is similar to saying someone is an engineer. There are hundreds of types of engineering, each with specific requirements.

Personally, I wish that either all attorneys were required to carry insurance, or the state supreme courts would publish who carries insurance and who doesn't.

As to licensing paras: whatever. It's the attorney's name on the document. The attorney is responsible for what is in it, not the para. Therefore, the attorney will either 1) train the para sufficiently, 2) triple-check all of the para's work, 3) only hire experienced paras, or 4) soon be facing malpractice suits.

Here in California, the Business & Professions code specifies the requirements for a paralegal or legal assistant.

Thing is, it's ultimately the attorney's responsibility and that's why there aren't more laws regulating paralegals. The attorney is the one who practices law and it's his (or her) duty to ensure that the legal work done is appropriate- this is why there aren't more laws on paralegals.

Also, most attorneys don't give a hoot what kind of credentials a paralegal has-- just as long as that person is reliable and puts out a good product. I personally know of multiple-degreed paralegals who SUCK, and those with no degree which bring home 6 figure salaries because they are just that good.

Ultimately, it's up to the attorney--he's the one with the license to practice law.