NFPA Policy Manual

REGULATION
85-13
Vote Tally: 25-Y, 2-N, 2-A
Association:
STATUS: Passed

WHEREAS, the Task Force on Paralegal Regulation which met in San Francisco on February 23, 1985 and was made up of representatives from NFPA, NALA, the American Association for Paralegal Education (AAfPE), the Legal Assistant Management Association (LAMA), the National Legal Aid and Defenders Association (NLADA), and the ABA (the "Task Force") proposed a tentative resolution to be discussed by each participating group; and

WHEREAS, the Task Force felt it important to propose a resolution that each group could endorse which could be sent to state legislatures and bar associations who proposed mandatory license or certification; and

WHEREAS, the Task Force determined that a definite need of each of the groups present was to have a list of paralegal duties, standards and competencies which would be constantly updated and broadened.

THEREFORE, BE IT RESOLVED that the resolution drafted at the Task Force Meeting be and it hereby is ratified by the members of the NFPA;

RESOLVED, that the NFPA is opposed to any governmental or state bar imposed across-the-board mandatory licensure or mandatory certification of legal assistants at this time. Rather we recommend that the next logical step related to these issues is to identify legal assistant competency standards and tasks.

RESOLVED, that the guidelines developed be provided to member associations for assistance in developing acceptable regulatory plans in their location; and

FURTHER RESOLVED, that the guidelines carry a clear label warning that they are not to be construed as NFPA policy and should not be interpreted as absolute requirements.

RESOLVED, that NFPA endorses the implementation of regulation 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 jurisdiction; 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. However, if such regulation would allow paralegals to perform services directly to the public, the minimum criteria should be as follows:

A performance based proficiency examination plus: 2 years post secondary education including a 3 month full-time internship under the supervision of a licensed attorney or licensed paralegal, or 2 full years of substantive legal experience under the supervision of a licensed attorney or licensed paralegal; or 1 year post secondary education and 1 full year of paralegal experience under the supervision of a licensed attorney or licensed paralegal; or certificate from a program substantially in compliance with ABA guidelines or at least 1 year duration and 6 months experience under the supervision of a licensed attorney or licensed paralegal; and allows for the consideration of the following: grandfathering provision, method of consumer redress, and CLE provision requiring a minimum of 3 hours per year continuing education in a legal or speciality field.

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.

RESOLVED that NFPA endorses the implementation of regulation of all paralegals on a state-by-state basis insofar as its implementation is consistent with the Mission Statement and expands the utilization of paralegals to deliver cost-efficient legal services as determined by NFPA member association in the affected jurisdiction. Specifically, paralegals in the affected jurisdictions must be able to perform in an expanded capacity from that which paralegals were performing prior to implementation of regulation; and

FURTHER RESOLVED, that NFPA and its board of directors will not initiate the introduction of any proposal to regulate paralegals in any jurisdiction; but, in order to advocate NFPA regulation policy, may support or oppose, as appropriate, any legislative, judicial, administrative or other regulatory activity; and

FURTHER RESOLVED, that NFPA does hereby endorse a two-tier regulatory scheme consisting of licensing and specialty licensing programs as its preferred form of regulation. The licensing programs must contain minimum standards and provide for an expanded role of practice for qualifying paralegals, contain provisions for a method of consumer redress, and contain a CLE provision requiring a minimum of 3 hours per year continuing education in a legal or specialty field; and

FURTHER RESOLVED, that a competency-based core curriculum will be developed to provide the standard for paraleagl educational programs, and further that a candidate for a license shall meet one of the following minimum educational requirements:

• 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

• 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.

FURTHER RESOLVED, that any person applying for a license as a paralegal must also pass a proficiency-based examination and meet a standard of character and fitness, which shall include, but not be limited to, no felony convictions and no conviction of unauthorized practice of law.

FURTHER RESOLVED, that grandparenting provisions for licensing will provide that in order to obtain a license, paralegals with a minimum of three years of experience as a paralegal will not be required to meet the above education requirements. Paralegals with a minimum of five years of experience as a paralegal will not be required to meet the above education requirements, and, in addition, will be permitted to waive the proficiency-based testing. Character and fitness requirements will not be waived under any circumstances.

FURTHER RESOLVED, that a candidate for a specialty license to practice, including those delivering legal services directly to the public in a specific area of the law in the paralegal profession, shall meet all of the following minimum requirements:

1. Meet standards for licensing as set out above; and
2. Pass a proficiency-based examination in the specialty practice area; and
3. Have had no ethics violations; and
4. Have a minimum of four years of experience as a licensed paralegal.

FURTHER RESOLVED, that grandparenting provisions for specialty licensing will provide that the experience requirements state in No. 4 above will be waived for paralegals with at least five years experience as a paralegal; and

FURTHER RESOLVED, that NFPA in order to advocate NFPA regulation policy, may support or oppose, as appropriate, any legislative, judicial, administrative or other regulatory activity introduced; and

FURTHER RESOLVED, that NFPA's endorsement of the preferred two-tier combination minimum standards and specialty licensing regulatory scheme shall not restrict any paralegal association from determining whether it prefers an alternative method of regulation, if any, which may be more appropriate to meet the needs of any member association's locality; and

FURTHER RESOLVED, that such a regulatory scheme in any jurisdiction should be administered by a broad based group composed of licensed, practicing paralegals; licensed, practicing attorneys; paralegal educators from institutions that are either approved by the American Bar Association or in substantial compliance with the ABA Guidelines for Paralegal Education; and consumers who are not employed within the legal profession; and

FURTHER RESOLVED, that the NFPA Standing Committee on the Delivery of Paralegal Services be directed to prepare sample legislation, incorporating the provisions as set forth above, for consideration at the Annual Meeting in May, 1993; and

FURTHER RESOLVED, that Resolutions 91-10 and 92-27 are hereby superseded.

REGULATIONS - MODEL GUIDELINES FOR LEGISLATIVE
95-3

WHEREAS, NFPA Resolution 94M-10 charged the Standing Committee for the Delivery of Paralegal Services ("Committee") with revising the Model Guidelines for Licensure and Specialty Licensure through dissemination of additional related information to member associations and reasonable periods for comment; and

WHEREAS, the Committee upheld the deadlines imposed by 94M-10 and hereby submits a revised Model Act entitled, "Model Act for Paralegal Licensure"; and

WHEREAS, the Model Act submitted by the Committee reflects NFPA's regulation policy as stated in Resolution 92M-1.

NOW, THEREFORE, BE IT RESOLVED, that the Model Act for Paralegal Licensure ("Model Act") be adopted in support of NFPA's regulation policy; and

FURTHER RESOLVED, that, in accordance with Resolution 92M-1, NFPA and its board of directors will not initiate the introduction of any proposal to regulate paralegals in any jurisdiction; but, in order to advocate NFPA regulation policy, may use this Model Act to support or oppose, as appropriate, any legislative, judicial, administrative or other regulatory activity; and

FURTHER RESOLVED, that, the Model Act will be provided to a non-member as a response to formal regulatory activity within that non-member's state and NFPA member association(s), if any, within that state must be informed that the Model Act will be provided to a non-member and advised of said non-member's identity.

WHEREAS, NFPA adopted Resolution 92M-1, its regulation policy, and Resolution 95-3, its Model Act for Paralegal Licensure, to expand the role of the paralegal profession and to enable NFPA to respond to any proposed legislation in any state; and

WHEREAS, NFPA recognizes the need for model acts of registration, certification and licensure to expand the role of the paralegal profession and to enable NFPA to respond to any regulatory activity in any state;

NOW, THEREFORE, BE IT RESOLVED that NFPA affirms its preferred form of regulation as stated in 92M-1 and recognizes that other forms may be appropriate in a given state. NFPA may use model acts for registration, certification or licensure as drafted and revised by the Regulation Review Committee and approved by NFPA delegates to support or oppose regulation in any state.

WHEREAS, the National Federation of Paralegal Associations ("NFPA") adopted Resolution 92-M-1 endorsing two-tiered licensing as its preferred form of regulation; and

WHEREAS, the Regulation Review Committee drafted a Model Act for Licensure and Specialty Licensure which was adopted by NFPA through Resolution 95-3; and

WHEREAS, comments on the Model Act for Licensure and Specialty Licensure were solicited and received by NFPA; and

WHEREAS, the Regulation Review Committee decided it was necessary to update the definition of licensure to reflect current NFPA policy and make the definition specific to the paralegal profession.

THEREFORE, NOW BE IT RESOLVED, that NFPA accepts the work product of the Regulation Review Committee and adopts the attached revised Model Act for Licensure and Specialty Licensure; and

FURTHER RESOLVED, that NFPA adopts the following definition for Licensure of Paralegals:

As the process by which an agency or governmental entity authorizes general practice in the paralegal profession and the use of the title "Paralegal", to individuals meeting predetermined qualifications that include:

(a) an educational requirement;
(b) the passage of a proficiency based examination;
(c) continuing legal education;
(d) adherence to a Code of Ethics; and,
(e) other criteria as required by the agency or governmental entity.

FURTHER RESOLVED, that this resolution shall supplement Resolution 95-3.

THEREFORE, NOW BE IT RESOLVED, that NFPA does hereby continue to endorse a two-tier regulatory scheme consisting of licensing and specialty licensing programs with minimum education and ethical standards providing for an expanded role of practice for qualifying paralegals;

FURTHER RESOLVED that NFPA, in order to advocate NFPA's two-tier regulation policy, may support or oppose, pursuant to NFPA regulation policy, as appropriate, any legislative, judicial, administrative or other regulatory activity introduced; and

FURTHER RESOLVED that NFPA's endorsement of the two-tier licensing regulatory scheme as its preferred form of regulation shall not restrict any paralegal association from determining whether it prefers an alternative method of regulation, if any, which may be appropriate to meet the needs of any member association. NFPA may support such associations to the extent possible in any form of regulation which expands the paralegal profession and is not inconsistent with NFPA's preferred form of two-tiered licensing; and

FURTHER RESOLVED that NFPA may support any form of regulation proposed in a state provided that it is supported by a majority of the voting member NFPA associations in that state, and provided that the criteria for such regulation is not inconsistent with NFPA established policy on education, ethics, disciplinary rules and proficiency-based testing.

FURTHER RESOLVED, that the charge having been met, Resolution 96-M-2 is hereby rescinded.

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