NFPA Policy Manual

EDUCATION
82-21
Vote Tally: 20-Y, 2-N, 2-A
Association:
STATUS: Adopted after striking paragraphs 2, 3 and 4

WHEREAS, the goals of the National Federation of Paralegal Associations include a commitment to advancing the educational standards of the profession;

WHEREAS, there are some institutions that purport to give "paralegal training" who may, in fact, be offering inadequate training and who may also be making fraudulent claims to entice students; and

WHEREAS, this practice hurts not only those students who are then unprepared to work as legal professionals, but also affects the image of the paralegal as seen by prospective employers and the general public;

RESOLVED, that the National Federation of Paralegal Associations act to stem the proliferation of such dubious paralegal training programs, by enlarging its activities, toward informing the public about the existence of such programs, as they become known to NFPA members;

BE IT RESOLVED that the NFPA and its member associations publish and disseminate guidelines toward enabling a prospective student to assess the various educational options available. (This may be done by distributing a set of questions similar to the list attached to this resolution.*)

[* not attached to these minutes.]

RESOLVED that the attached work product entitled Model Curriculum be approved and forwarded by June 1, 1992 to the American Association for Paralegal Education (AAfPE) for its consideration and review.

BE IT FURTHER RESOLVED that Task Force Chair and Co-Chair, under the supervision of NFPA's President, work with AAfPE to assist that association in further developing the curriculum, including, but not limited to, course outlines, objectives and rational, and textbook bibliography for each course.

BE IT FURTHER RESOLVED that after the curriculum has been completed to the satisfaction of the Task Force Committee, it be provided to NFPA members for final approval at the 1993 Annual Meeting.

RESOLVED, that NFPA recognizes that paralegals, including those individuals entering the profession, attain the following educational criteria in order to effectively provide for the expansion and enhancement of paralegal roles and responsibilities:

• An Associate's degree in paralegal studies with 60 semester credit hours or equivalent, including a minimum of 24 semester credit hours or equivalent of paralegal specialty courses; or
• An Associate's degree in any subject (60 semester credit hours or equivalent) PLUS minimum of 24 semester credit hours or equivalent of paralegal specialty courses; or
• A Bachelor's degree in paralegal/legal assistant studies, including 24 semester credit hours or equivalent of paralegal specialty courses; or
• A Bachelor's degree in any subject plus 24 semester credit hours or equivalent of paralegal specialty courses, and allows for the consideration of the following: method of consumer redress, and CLE provision requiring a minimum of three hours per year continuing education in a legal or specialty field.

BE IT FURTHER RESOLVED that grand parenting provisions should provide that paralegals with at least three years of qualifying experience will not be required to meet the above education requirements, and paralegals with at least five years of qualifying experience will, in addition, be allowed to waive the proficiency-based testing.

RESOLVED, that NFPA endorses the implementation of regulation of all paralegals on a state-by-state basis insofar as its implementation is consistent with NFPA Mission Statement and expands the utilization of paralegals to deliver cost-efficient legal services as determined by NFPA member associations in the affected jurisdictions; and

BE IT FURTHER RESOLVED that, where, there is a demonstrated public need, NFPA is in favor of regulation of paralegals who deliver legal services directly to the public; and

BE IT FURTHER RESOLVED that NFPA can support regulation which may be proposed if such regulation includes minimum criteria. The minimum criteria should be as follows:

A performance-based proficiency examination plus:

• associate's degree in paralegal studies with 60 credit hours or equivalent, including a minimum of 24 semester credit hours or
• equivalent of paralegal specialty courses, or associate's degree in any subject (60 semester credit hours or equivalent) PLUS
• minimum of 24 semester credit hours or equivalent of paralegal specialty courses, or bachelor's degree in paralegal studies, including 24 semester credit hours or equivalent of paralegal specialty courses, or bachelor's degree in any subject plus 24 semester credit hours or equivalent of paralegal specialty courses, and allows for the consideration of the following:
• method of consumer redress, and CLE provision requiring a minimum of three hours per year continuing education in a legal or specialty field.

BE IT FURTHER RESOLVED that grand parenting provisions should provide that paralegals with at least three years of qualifying experience will not be required to meet the above education requirements, and paralegals with at least five years of qualifying experience will, in addition, be allowed to waive the proficiency-based testing.

WHEREAS the Education Committee has reviewed the prior listing of classes approved by delegates at the 1992 Annual Meeting with Resolution 92-2 and determined that some changes needed to be made in the listing; and

WHEREAS the ABA Commission on Non-Lawyer Practice is seeking guidance on education criteria for traditional paralegals as well as individuals delivering their services directory to the public; and

WHEREAS the Education Committee has concluded individuals providing services directly to the public should have the same core education as traditional paralegals, as well as additional course work in their chosen practice area(s) and be encouraged to take business courses in order to assist them in establishing and running a successful business;

NOW, THEREFORE, BE IT RESOLVED the listings of subject/practice areas attached hereto be approved and replace all prior NFPA work product.

FURTHER RESOLVED the Education Committee continue its work to determine under what circumstances, if any, general education courses should be waived by paralegal training programs.

FURTHER RESOLVED individuals providing services directly to the public should have the same core education as traditional paralegals, as well as additional course work in their chosen practice area(s) and be encouraged to take business courses in order to assist them in establishing and running a successful business.

FURTHER RESOLVED the Education Committee Co-Chairs work with the American Association for Paralegal Education an attempt to dovetail NFPA's listings into any possible AAfPE work products to complete a core curriculum for paralegal training programs.

FURTHER RESOLVED the Education Committee report back to the delegates at the May 1995 Annual Meeting in Albuquerque, New Mexico, as to what progress its co-chairs were able to make in working with paralegal educators on some type of a joint work product regarding a core curriculum for paralegal training programs.

FURTHER RESOLVED that in the event the Education Committee is unable to develop a joint work product with AAfPE by the Annual Meeting in May, 1995, NFPA commence to market its listings to future practitioners, paralegal training programs, the ABA Commission on Non-Lawyer Practice and any inquirers as the standards in education that all should strive to attain.

FURTHER RESOLVED the Education Committee do whatever it deems necessary, e.g., research, conduct studies, etc., with Board approval, in order refine NFPA's policy on education.

GENERAL EDUCATION REQUIREMENTS
24 Semester Hours

24 Semester Hours at the college level encompassing the following areas:

English Composition/Grammar*
Mathematics
Logic
Speech/Communications

Earth or Natural Science
Political Science/History
Sociology
Humanities/including Philosophy

The following areas are desirable electives:

Business**
Computer Science/Literacy
Foreign Language
Psychology
Economics

*Extensive experience in grammar and composition is important for paralegals.

** Only Accounting, Business Communications and Personal Management courses are desirable.

WHEREAS. NFPA reaffirms that the paralegal profession should remain independent and self directed; and

WHEREAS, paralegals, recognizing the need to make legal services more widely available to the general public, have expanded their practice into broad and diverse specialties; and

WHEREAS, the demand for expertise has led many paralegals to develop knowledge and skills in highly technical or specialized subject areas; and

WHEREAS, education continues to play a vital role in the development of the paralegal profession; and

WHEREAS, NFPA has a rich history of supporting quality education for paralegals and favors minimum formal educational criterion for paralegals; and

WHEREAS, current trends indicate that a four-year degree is the hiring standard in many markets; and

WHEREAS, NFPA recognizes that employers have the discretion to waive educational criterion to meet specific hiring needs; and

WHEREAS, the consumer market for paralegal services has evolved and continues to expand the substantive role paralegals play in the delivery of traditional and non-traditional legal services; and

WHEREAS, formal education is necessary to prepare future practitioners to function in the legal environment; and

WHEREAS, educational standards need to be established for future practitioners to hold themselves out as paralegals; and

WHEREAS, current paralegal training programs are not required to offer minimum number of semester hours in either general education or legal specialty courses; and

WHEREAS, NFPA is firmly committed to the idea of standardizing paralegal education while allowing sufficient latitude for local creativity and innovation in the curriculum; and

NOW THEREFORE BE IT RESOLVED, that NFPA recognizes a two year degree in paralegal studies is acceptable to employers in some markets as the minimum criterion for individuals to enter the paralegal profession; and

BE IT FURTHER RESOLVED, that NFPA as an international organization with a vision for the future of the paralegal profession recommends that based upon current hiring trends, future practitioners should have a four-year degree to enter the profession; and

BE IT FURTHER RESOLVED, that NFPA believes individuals receiving a formal paralegal education should have 24 semester hours or the equivalent of legal specialty courses; and

BE IT FURTHER RESOLVED, that NFPA recognizes inclusion of 24 semester hour or its equivalent in legal specialty courses in paralegal education enhances an individual's ability to practice as a paralegal; and

AND BE IT FURTHER RESOLVED, that all NFPA'S prior resolutions that delineate educational policies be change to conform with this resolution.

NOW THEREFORE BE IT RESOLVED, That the attached listings be adopted by NFPA to become part of its joint work product with AAfPE and the attached shall replace all prior work products detailing general education and legal specialty requirements.

GENERAL EDUCATION REQUIREMENTS
24 Semester Hours

24 Semester Hours at the college level encompassing the following areas:

English Composition/Grammar*
Mathematics
Logic/Philosophy
Speech/Communication
Earth or Natural Science
Political Science/History
Sociology
Humanities, including Philosophy

The Following Areas Are Desirable Electives:

Business**
Computer Science/Literacy
Foreign Language
Psychology
Economics

* Extensive experience in grammar and composition is important for paralegals.

** Only Accounting, Business Communication and Personnel Management Courses are desirable

LEGAL SPECIALTY REQUIREMENTS
24 semester hours*

Students need to have exposure to the following theory/practice areas as follows:

Litigation/Civil Procedure
Legal Research and Writing
Real Property Transactions
Business and Corporate Law
Wills, Trusts and Estate Planning
Family Law
Torts
Contracts

Exposure to the following theory/practice areas may be beneficial, depending on the legal market**.

Advanced Legal Research and Writing
Advanced Litigation/Civil Procedure
Bankruptcy, Debtor/Creditor Rights
Administrative Law
Pension Profit Sharing
Law Office Economics and Management
Tax Law
Labor Relations/Employment Law
Intellectual Property
Criminal Law
Immigration Law
Social Security Law
Constitutional Law
Environmental Law
Elder Law

*An introductory course to law for paralegals may provide the necessary exposure to some of these practice areas. Programs are strongly encouraged to have a separate course on ethics and professional responsibility. However, if a separate course is not taught, ethics and professional responsibility should be taught across the curriculum; additionally, computer applications should be taught across the curriculum.

**Courses entitled "Special Topics" are suggested in order to allow for flexibility in the curriculum. Courses in specific practice areas then could be offered on an "as needed basis." Intern/externships are strongly encouraged.

NOW THEREFORE BE IT RESOLVED: That NFPA recognizes that a two year degree in paralegal studies is acceptable to employers in some markets as the minimum criteria for individuals to enter the paralegal profession; and

FURTHER RESOLVED:That NFPA , as an international organization with a vision for the future of the paralegal profession, recommends that, based upon current hiring trends, future practitioners should have a four-year degree to enter the paralegal profession; and

FURTHER RESOLVED:That NFPA recommends that future practitioners should have formal paralegal education of a least 24 semester hours or the equivalent of legal specialty courses; and

FURTHER RESOLVED:That any formal paralegal education described above may be a part of or in addition to the future practitioner's four-year degree; and

FURTHER RESOLVED:That this Resolution shall supersede Resolution 95M-1; and

FURTHER RESOLVED:That all of NFPA'S prior resolutions that delineate general education and legal specialty requirements be changed to conform with this Resolution.

WHEREAS, the National Federation of Paralegal Associations ("the Federation") recognizes that certification of paralegals and accreditation of paralegal training programs are of national concern; and

WHEREAS, there has been insufficient study as to the impact of certification and accreditation and the means by which certification or accreditation should be administered; it is

RESOLVED, that the Federation will only support certification or accreditation coordinated by a nation.

RESOLVED, that a three member committee of the Board of Directors study the issue of approval and accreditation of paralegal training programs, and made a recommendation to and solicit comments from the NFPA voting and affiliate member associations prior to October 1, 1981.

WHEREAS, NFPA must become more recognized as a qualified and representative voice of the paralegal profession, and

WHEREAS, one of the most important issues and concerns of our profession is the education which people coming into the field are receiving, and

WHEREAS, if the paralegal profession is to continue to grow and expand, and if the paralegals are to be used with greater frequency in the delivery of the legal services, we must cooperate with educators to ensure that the people being trained in the field are receiving the necessary background and learning the proper skills, and

WHEREAS, the NFPA has established an ad hoc committee for the purpose of establishing an independent, autonomous body which has equal representation by paralegals to set standards and guidelines for approving and/or accrediting paralegal training programs, now therefore be it,

RESOLVED, that a duty of this ad hoc committee be coordinate a review by the member associations of the present status of paralegal education; and be it further

RESOLVED, that this committee establish guidelines to be followed by the member associations in conducting this review, said guidelines to be submitted to the Board of Directors for approval by November 1, 1983 and distributed to each president and primary representative by December 15, 1983; and be it further

RESOLVED, that these guidelines include suggestions for interviewing graduates, students and coordinators of paralegal education programs, evaluating class presentations and for auditing courses included in such programs, and conducting meetings devoted to this topic; and be it further

RESOLVED, that each member association adopt these guidelines in reviewing paralegal programs in its locality and prepare a report of its finding to the committee by April 15, 1984; and be it further

RESOLVED, that the committee include in its annual report to the membership a summary of these findings and a history of paralegal education up through the present time.

It was moved and seconded that the fourth Resolved beginning "That each member association adopt these guidelines..." be deleted. The amendment failed.

It was moved, seconded and carried that the last three paragraphs of the resolution be deleted.

WHEREAS, since 1986 NFPA has worked toward the development of standards with which to test skills and knowledge of persons entering the paralegal professional upon completion of a paralegal training program; and

WHEREAS, NFPA and the American Association for Paralegal Education (AAfPE) have jointly produced a work product outlining a core curriculum and basic guidelines upon which to build a quality paralegal training program.

NOW THEREFORE, BE IT RESOLVED that NFPA conceptually supports AAfPE's development of an exit assessment as a means to insure a standard of skill and knowledge of persons entering the paralegal profession upon completion of a paralegal training program.

RESOLVED that the Federation amend the 1977 Affirmation of Responsibility. Each Primary Representative shall circulate the Proposed revision as set forth in the attached Exhibit A and submit written comments to the Professional Development Committee for review by September 1, 1980. The Professional Development Committee will review all comments and submit to all members a final version for consideration by November 1, 1980.

RESOLVED, that the National Federation of Paralegals ("NFPA") hereby adopts the Model Code of Ethics and Professional Responsibility ("Model Code") as the standard for the ethical conduct of the paralegal profession and approves said Model Code for publication and distribution to individuals and entities outside NFPA; and

FURTHER RESOLVED, that NFPA hereby encourages member associations to adopt the Model Code, in whole, in part or as otherwise modified, as appropriate and necessary to meet the needs in their particular jurisdiction; and

FURTHER RESOLVED, that NFPA hereby approves the Report of the Professional Responsibility Committee dated March 15, 1993 for distribution to individuals and entities outside NFPA; and

FURTHER RESOLVED, that the NFPA Affirmation of Professional Responsibility is hereby superseded by the Model Code of Ethics and Professional Responsibility; and

FURTHER RESOLVED, that the Professional Responsibility Committee shall be renamed and known as the "Committee on Ethics and Professional Responsibility"

WHEREAS, the NFPA Ethics and Professional Responsibility Co-Coordinators ("Ethics Co-Coordinators") were charged with the task of preparing Draft Model Disciplinary Rules ("Draft Rules") and to refine and revise same in accordance with the commentary provided by the membership and from selected persons outside NFPA who have familiarity with or expertise in the area of ethical standards and codes of conduct; and

WHEREAS, the Co-Coordinators have submitted a report describing their findings and work process as well as the document entitled, "National Federation of Paralegal Associations Model Disciplinary Rules" ("Model Rules"); and

WHEREAS, NFPA believes that it is necessary and proper that the Model Code of Ethics ("Model Code") be augmented by an ancillary document which sets forth specific Rules of Conduct as well as the mechanism by which those Rules may be enforced; and

WHEREAS, the Ethics Co-Coordinators have determined that the climate of the paralegal profession is favorable to fashioning the Model Rules such that they may be adopted by local associations as well as such regulatory entities as would be interested in adopting and enforcing them.

NOW, THEREFORE, BE IT RESOLVED, that National Federation of Paralegal Associations, Inc. ("NFPA") hereby ratifies the "National Federation of Paralegal Associations Model Disciplinary Rules" ("Model Rules") and approves said Model Rules for publication and distribution to individuals and entities outside NFPA; and

BE IT FURTHER RESOLVED, that the Model Rules will be officially dated as of the date of the passage of this Resolution; and

BE IT FURTHER RESOLVED, that NFPA hereby affirms that the Model Rules are ratified for national use by such regulatory bodies as deem it appropriate to do so; and

BE IT FURTHER RESOLVED, that the Model Rules may be amended and/or adopted by member associations and regulatory entities as necessary and appropriate to meet jurisdictional needs.

WHEREAS, the NFPA Ethics and Professional Responsibility Coordinator ("Ethics Co-Coordinator") was charged with the task of refining and revising the Model Code of Ethics ("Model Code") to incorporate a great portion of the document known as the Model Disciplinary Rules ("Model Rules") in accordance with the commentary provided by the membership and from selected persons outside NFPA who have familiarity with or expertise in the area of ethical standards and codes of conduct; and

WHEREAS, the Coordinator has submitted a report describing her findings and work process as well as the document titled, "National Federation of Paralegal Associations Model Code of Ethics and Professional Responsibility and Guidelines for Enforcement ("Model Code and Guidelines"); and

WHEREAS, the delegates of NFPA adopted the document known as the Model Code of Ethics and Professional Responsibility in May, 1993 (Resolution 93-3) and the document known as the Model Disciplinary Rules in April, 1997 (Resolution 97-7); and

WHEREAS, NFPA believes that it is necessary and proper that the Model Code of Ethics ("Model Code") be revised to include specific Rules of Conduct as well as the mechanism by which those Rules may be enforced.

NOW THEREFORE, BE IT RESOLVED, that National Federation of Paralegal Associations, Inc. ("NFPA") hereby adopts the "National Federation of Paralegal Associations Model Code of Ethics and Professional Responsibility and Guidelines for Enforcement ("Model Code and Guidelines") for publication and distribution to individuals and entities outside NFPA; and

BE IT FURTHER RESOLVED, that the Model Code and Guidelines will be officially dated as of the date of the passage of this Resolution; and

BE IT FURTHER RESOLVED, that NFPA hereby affirms that the Model Code and Guidelines are ratified for national use and for use by such regulatory bodies as deem it appropriate to do so; and

BE IT FURTHER RESOLVED, that the Model Code and Guidelines may be amended and/or adopted by member associations and regulatory entities as necessary and appropriate to meet jurisdictional needs.

WHEREAS, at the 1993 Annual Meeting, the NFPA adopted the Model Code of Ethics and Professional Responsibility to delineate the principles for ethics and conduct to which every paralegal should aspire; and

WHEREAS, AT THE 1994 Mid-Year Meeting, the NFPA adopted policy to develop an exam to test the competency of experienced practicing paralegals known as the Paralegal Advanced Competency Examination ("PACE"); and

WHEREAS, at the 1997 Annual Meeting, the NFPA adopted the Model Disciplinary Rules to enforce the Canons and Ethical Considerations contained in the NFPA's Model Code of Ethics and Professional Responsibility, and

NOW THEREFORE BE IT RESOLVED, the NFPA recommends the following educational and ethical requirements to those individuals who are incarcerated and seeking to join the paralegal profession upon their release:

1) a minimum of a four year degree and completion of a paralegal program with an institutionally accredited school. Said paralegal program may be embodied in a four year degree; and

2) that any individual who has met the recommended educational requirement stated above must also be held to the ethical standards making him/her accountable for his/her professional responsibility actions under the NFPA's Model Code of Ethics and Professional Responsibility and Guidelines for Enforcement.

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