Proposal for New Licensed Paralegal Model So That Lawyers Can Offer More Efficient and Affordable Services
Tisha Delgado, ACP?
NALA Advanced Certified Paralegal | Senior Litigation Paralegal
*These viewpoints are my own and not of my employer or any paralegal association I am affiliated with.
The CBA/CBF Task Force on the Sustainable Practice of Law & Innovation is proposing Recommendation #5 to the Illinois Supreme Court, asking that the court issue a new rule to create a "licensed" paralegal category, modeled after Illinois' Rule 711, which allows for representation by supervised law students or graduates.
Recommendation #5: Recognize a New Licensed Paralegal Model So That Lawyers Can Offer More Efficient and Affordable Services in High Volume Areas of Need.
According to the Illinois Legal Aid Online (ILAO) website, "the 711 license is a way for Illinois law students to gain practical legal skills, including representation of clients in court, while they are still in law school. With this license, the law students, under the supervision of an attorney, are able to counsel clients, negotiate settlements, represent clients in mediation and other nonlitigation matters, prepare legal instruments, prepare briefs and other documents to be filed in court, and appear in appellate courts, trial courts, and administrative tribunals of the state."
Including paralegals in Rule 711, is an innovative approach for Illinois. Under the proposal, paralegals would still be working under the supervision and direction of a lawyer, and would not be working directly with the public, but the idea is to expand the role of paralegals to appear in court for simple status hearings. As the Committee noted in their Recommendation #5:
"Some aspects of the practice of law in high-demand (and often high-volume) proceedings do not require significant legal analysis and judgment. Lawyers spend considerable amounts of time in simple status hearings, or preparing routine pleadings and documents."
We do not need a new paralegal category to add paralegals to Rule 711. Paralegals already work under the direction and supervision of licensed attorneys, and paralegals already prepare routine pleadings and documents.
Recommendation #5 also adds layers of unnecessary restrictions, regulations, and educational requirements. The current Rule 711 does not limit law students to any area of law, nor does it limit them to work in locations where there is a "documented, high demand for legal services." There is no requirement that the supervising attorney needs to carry malpractice insurance; no need for the law student to pass the Multi-State Professional Ethics Exam; no need for the law student to file a character and fitness registration application; and no need to demonstrate that the law student has completed at least 2,000 hours of any substantive legal work in any area of law. But this would all be required if paralegals are added to a Rule 711 model.
There are paralegal standards for professionalism, education, training, and certification options already in place. Certified paralegals have passed a rigorous examination process and have the demonstrated knowledge, skill, and proficiency to perform substantive legal work under the direction and supervision of a lawyer. Certified paralegals are comparable to the 711 licensed law students, if not far superior, because of paralegals' experience in court processes and procedures.
The national paralegal organizations have had defined standards for certified paralegals in place for over 40 years. NALA The Paralegal Association's Certified Paralegal program has been recognized both nationally and internationally and their Certified Paralegal (CP) credential has been acknowledged by the American Bar Association as a mark of high professional achievement.
Certified paralegals follow rules of professional conduct and ethics as set forth by the state, the American Bar Association, and the national paralegal associations, which require members to adhere to standards and a code of ethics. Certified paralegals are also required to maintain CLE credit.
Instead of creating a new category, why not just add certified paralegals to Rule 711? As shown above, certified paralegals have met the highest professional standards and, just like the 711 licensed law students, would be working under the direction and supervision of a licensed attorney.
This is a very small but hopeful step to expand the paralegal role, and as many advocates and visionary attorneys in the access to justice space know, paralegals are a valuable and untapped resource.
If you are a paralegal or utilize paralegals, please review Recommendation #5 and submit feedback to the CBA/CBF Task Force. Your comments will help them ensure that the final recommendations they submit to the Illinois Supreme Court represent the paralegal’s viewpoint. The deadline is August 21st so do not delay!
https://chicagobarfoundation.org/advocacy/issues/sustainable-practice-innovation/
Lead Paralegal/Office Manager
4 年I had no idea this was being proposed for Illinois and will have to read more about this. Are they looking to make this voluntary, like Florida, or required for a title of "paralegal?" Is CBA intending this to just apply to Cook Co. paralegals, or state-wide? I think part of the problem is that so many attorneys don't really know what a paralegal can actually do, much less know about the national certification programs. Some attorneys don't know the difference between "certificated" and "certified." North Carolina has certified paralegals, and there, the national CP or CRP designations don't waive the test requirement (even though they already consist of a test)- they waive the educational requirements. That seems a little backwards to me.