Paralegal Experience and Education: A View from Both Sides

by Albert Loftus, RP

In the formalities of a law office environment, appearances can be deceiving. My private office is large. It houses a credenza, executive desk, antique furnishings, an old English print, and a porcelain American eagle. The books that fill the credenza address various aspects of the legal profession.

Because I'm hefty and past middle age, many visitors assume I'm an attorney. I quickly advise them that I am a paralegal. I now say the word "paralegal" with confidence. In fact, I'm a PACE Registered Paralegal, with the letters RP appearing after my name on the firm's letterhead.

There was a time when I quietly mumbled something about being a "legal assistant," never using the word "paralegal" to describe my duties. My confidence in those days came from a notary stamp with this state's great seal emblazoned next to the commission date. With this stamp in hand, I could attest and affirm with authority. For a while, it was enough authority to convince myself that I truly was a legal assistant.

OJT

The attorney for whom I work is a courtroom veteran who has battled all the way to the U.S. Supreme Court. He offered me on-the-job training. He carefully explained court procedure, client contact, and how to style and draft motions. His Rule Number One was, "Don't give any form of legal advice to anyone. If you do, I'll be representing you at the courthouse."

The work in our office proceeded at a fast pace. Soon I was drafting motions, assembling trial notebooks, assisting in investigations, drafting subpoenas, and directing staff members. My employer continued my training and provided me a broad overview of the law. I learned how to manage a file system, conduct client communications, and maintain a tickler system. He taught me legal concepts. He explained the warranties of merchantability, habitability, and marketability; he explained adverse possession; he explained local rules of court. He described various rules of procedure. He explained constitutional rights and criminal procedure. Included in his instructions was a passionate plea for fundamental fairness and justice for his clients.

"Delaying something one day may not mean much to you, but it does to a client locked in the county jail who wants to go home to a family."

Experience

After working several years for my employer, I considered myself experienced. His personalized instruction, which included ethics, continued, until I felt myself an equal to any other criminal law legal assistant in our city.

When I had more than four years of "hands-on" experience, came our most complex case to date. The client was charged with several cases of capital murder and many additional violent felonies. The state was seeking the death penalty. I felt confident that I possessed enough experience to assist my attorney faithfully, but the magnitude of the case made me question my qualifications.

I telephoned the state bar association to ask about the requirements necessary to be a legal assistant. There were none.

On the Internet, when I entered "legal assistant AND paralegal" into my favorite search engine, I found NFPA's website at www. paralegals.org. There I found NFPA's definition of a paralegal. Whew! I wasn't breaking any laws. I had training and work experience to perform my duties. Recognizing my lack of paralegal education, I told myself my previous business knowledge could suffice as additional experience.

But over the next weeks, as I reviewed the entire NFPA website and other sites pertaining to the paralegal profession, I could see the metaphorical "writing on the wall." Some form of future regulation was inevitable.

Paralegal Education

When I first thought of going back to school to obtain a degree in paralegal studies, it was a dreaded thought. I had little time for classes and even less patience for young, "Generation X" students. The thought of studying with teachers young enough to be my children seemed unbearable.

Further research indicated an associate's degree in paralegal studies and subsequent certification would meet only the minimum requirements for future participation in the paralegal profession. Many law firms were already requiring a bachelor's degree with emphasis in paralegal studies and paralegal certification.

With substantial work experience as a plus, I decided to start by meeting the minimum standards. I looked into several paralegal programs. Some were offered in advertisements on late night TV, granting a degree by mail; others were advertised on the back of matchbook covers. A few seemingly reputable local programs promised they could teach "paralegalism" in a few hours; they seemed intent on closing the sale and grabbing my check quickly.

It became apparent there were two forms of paralegal education: one that was financially driven and one that was educationally driven. I chose the latter, enrolling in the Dallas County Community College paralegal studies program. This program, approved by the American Bar Association, has been in existence for 25 years and was a pioneer in paralegal education.

"Just Do It" - Back to School!

My first course was taught by Dudley Knox, an attorney and paralegal educator whose zeal for the future of the paralegal profession resembles that of an evangelistic preacher. He is a Black's Law Dictionary-thumping zealot intent on emphasizing professional qualifications as the standard for our profession.

A kind man, he carefully explained to us the road ahead, suggesting we join professional associations. (I did so immediately.) He suggested we prepare for the two national exams. He told us of state certification offered under the authority of the Supreme Court of Texas, which permits an experienced paralegal to be certified in a specialty area by the Texas Board of Legal Specialization (TBLS).

To my relief, returning to school turned out to be fun. Peer pressure seems to disappear when you're an adult returning to school. The Gen-X students held open the doors for me, and campus police called me "sir." Some students, thinking I was the teacher, tried to turn in their homework to me.

Studying was not as gruesome and laborious as I had remembered. Assisting in the preparation of a capital murder case for trial was much more difficult than completing assignments. A job as a paralegal requires tremendous amounts of studying, reading and writing. The short class assignments were easy in comparison to the workload in our office.

The instructors were kind and compassionate. They served as facilitators for the understanding of the legal process. I proceeded at a leisurely pace. Some semesters I took two classes, other semesters three. I tried day classes and night classes. The day classes contained mostly younger students, and the night classes were composed mostly of older folks.

What Attorneys Who Are Paralegal Educators Say

With but one class remaining before I graduated, I sat down with program director Carole Olson and home/host coordinator Dudley Knox to talk with them about the future of paralegal education. Olson, who is active in the American Association for Paralegal Education, said, "There's no doubt that in the future we will have a minimum competency exam standardizing the profession. ... The driving factor is clients demanding qualified paralegals. When they see a bill for paralegal hours, they want to know the paralegal's credentials to perform that work."

Olson is proud of the Dallas program's ABA approval. "We have to meet high standards!" She demands that legal ethics be taught in all classes. "Ethics must start from the beginning. A standard of decency must be instilled in every legal staff member."

Knox added, "Knowledge is power. Intelligence can be a dangerous responsibility." Knox also feels that skills gained from a paralegal program can be applied in other places. "There is no better stepping stone than the knowledge of law."

Olson said, "There is no greater thrill than when a former student lands that first paralegal job and says, `You have changed my life.'" Knox added, "The second greatest thrill is when a law firm calls back and says, `Send me another!'"

Credentials and CLE

My first professional credential was PACE. I qualified to sit for the test through my work experience. I was eager to pass PACE before the grandparenting provision expires at the end of 2000. (Ed. Note: see related information on page 30.)

Last month, I sat for the CLA. In December, I expect to graduate Phi Theta Kappa with an associate's degree in paralegal studies. Next year, I plan to sit for the criminal law certification exam offered by TBLS. In addition, I now have eight years' experience in both criminal and civil law that includes dozens of trials.

Looking Ahead

Should I have bothered to return to school and take PACE when I already had experience and a good job?

Recently, my employer announced he will be taking the bench.

Surprise!

Will my next employer be impressed with war stories about victories we have won? Perhaps.

Will my next employer weigh years of dedication to detail in making the hiring decision? Maybe.

Will my next employer look for a combination of experience and education, a degree and a credential, in order to bill my time at high paralegal rates? Probably.

I think it is prudent to begin work toward a bachelor's degree. The future of the paralegal profession will, in my opinion, require both experience and education.

As the profession continues to grow, so must I grow with it.

Albert Loftus, RP, is a produced New York playwright and published author. He has served as a senior paralegal for a Dallas criminal defense attorney for eight years. He may be contacted at Albert1997@aol.com.