Saturday, October 11, 2008
Friday, October 10, 2008
Justice Clinton-Imber at the NFPA Convention
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At the NFPA Booth
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Thursday, October 9, 2008
NFPA Presidential Candidates
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ArPA Wednesday Welcome Reception
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Monday, October 6, 2008
Keeping NFPA's Focus on Advancing the Paralegal Profession
As delegates gear up to travel to Rogers this week for the 2008 NFPA Annual Convention, there are three more agenda topics that can make or break the advancement of the paralegal profession.
Defining "Practicing Paralegal." This agenda topic would delete "practicing" altogether from NFPA's Bylaws, leaving "paralegal" open to a wide variety of interpretations - most notably, someone working as a vendor who once was a paralegal. If this Pandora's box is opened, a vendor could sit on a local paralegal association's board -- or the NFPA Board. If that happens, instead of working toward paralegals' best interests, the vendor would work to advance its own interests, which are not always in line with those of paralegals. Instead, NFPA should actually define "practicing paralegal" and make it inclusive: those who work in non-traditional roles; those who do substantial pro bono work; those who are former paralegals and current paralegal educators. If I had a vote, it would be no on this topic.
Inclusion of Military Paralegals as Individual Sustaining Members. A hearty yes goes out to this topic, although it does need a friendly amendment suggesting appropriate dues, since the original topic leaves it as "local association dues," and those widely vary. Perhaps a $30 discount from Individual Sustaining Member dues would be appropriate for military paralegals who wish to join as Individual Sustaining Members. Due to the nature of the military, joining a local association is difficult, and this option would encourage military paralegals to join NFPA.
Create an Access to Legal Services Coordinator. No. NFPA has a pro bono coordinator, it seems like this is a second coordinator that would do essentially the same thing. Further, NFPA needs to focus on regulation and exams and promoting the profession. While access to legal services is important, it varies in each locality and is best left to local associations, not to mention local bar associations. As paralegals, there is only so much we can do to ensure that access to justice is equal. At some point, lawyers are needed because paralegals, quite simply, can't practice law.
Note: I will be blogging at the 2008 NFPA Convention this week. Stay tuned for updates! Read More......
Defining "Practicing Paralegal." This agenda topic would delete "practicing" altogether from NFPA's Bylaws, leaving "paralegal" open to a wide variety of interpretations - most notably, someone working as a vendor who once was a paralegal. If this Pandora's box is opened, a vendor could sit on a local paralegal association's board -- or the NFPA Board. If that happens, instead of working toward paralegals' best interests, the vendor would work to advance its own interests, which are not always in line with those of paralegals. Instead, NFPA should actually define "practicing paralegal" and make it inclusive: those who work in non-traditional roles; those who do substantial pro bono work; those who are former paralegals and current paralegal educators. If I had a vote, it would be no on this topic.
Inclusion of Military Paralegals as Individual Sustaining Members. A hearty yes goes out to this topic, although it does need a friendly amendment suggesting appropriate dues, since the original topic leaves it as "local association dues," and those widely vary. Perhaps a $30 discount from Individual Sustaining Member dues would be appropriate for military paralegals who wish to join as Individual Sustaining Members. Due to the nature of the military, joining a local association is difficult, and this option would encourage military paralegals to join NFPA.
Create an Access to Legal Services Coordinator. No. NFPA has a pro bono coordinator, it seems like this is a second coordinator that would do essentially the same thing. Further, NFPA needs to focus on regulation and exams and promoting the profession. While access to legal services is important, it varies in each locality and is best left to local associations, not to mention local bar associations. As paralegals, there is only so much we can do to ensure that access to justice is equal. At some point, lawyers are needed because paralegals, quite simply, can't practice law.
Note: I will be blogging at the 2008 NFPA Convention this week. Stay tuned for updates! Read More......
Categories:
associations,
military,
paralegal utilization,
pro bono,
professionalism
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Friday, October 3, 2008
Grandfathering Provisions Are Sunset for a Reason
In 2000, the grandfathering provision of the Paralegal Advanced Competency Exam (PACE), allowing paralegals with experience but not formal education to take the exam, sunset. The earliest Registered Paralegals (RPs) listed on the National Federation of Paralegal Association's website are from 1996, meaning that the grandfathering provision extended for at least four years.
Now, an agenda topic at the annual convention wants to resurrect the grandfathering period, for all the wrong reasons - namely, so that paralegals who have not met the educational requirements to take PACE can take the exam anyway. This is a grave mistake.
The grandfathering period was already extended once, from 1999 to 2000. As professionals, paralegals - and NFPA in particular - should be promoting education. I re-read the agenda topic, and I'm somewhat disturbed by the reference to education as a "financial burden." Getting the degree is an investment in a paralegal's future, not a burden of any sort.
It is a mistake to resurrect the grandfathering period because education is a key component of any profession, and we as paralegals should strive for those standards in order to be recognized as such. Read More......
Now, an agenda topic at the annual convention wants to resurrect the grandfathering period, for all the wrong reasons - namely, so that paralegals who have not met the educational requirements to take PACE can take the exam anyway. This is a grave mistake.
The grandfathering period was already extended once, from 1999 to 2000. As professionals, paralegals - and NFPA in particular - should be promoting education. I re-read the agenda topic, and I'm somewhat disturbed by the reference to education as a "financial burden." Getting the degree is an investment in a paralegal's future, not a burden of any sort.
It is a mistake to resurrect the grandfathering period because education is a key component of any profession, and we as paralegals should strive for those standards in order to be recognized as such. Read More......
Thursday, October 2, 2008
Hennepin County Gets Grant to Hire Paralegal
Minnesota's Hennepin County is getting a $500,000 federal grant to solve cold cases. The Department of Justice grant will be used to hire a cold case team that includes a paralegal, as well as a full-time detective, a forensic scientist, a prosecutor, and the use of the county sheriff's crime lab, which is one of three DNA testing labs in the state.
The staff will test DNA samples from homicide and rape cases dating as far back as 1991. Hennepin County Attorney Mike Freeman said that, while the DNA evidence from these cases is well-preserved, the county has been lacking the means to analyze the DNA. This grant, and the help of a paralegal on the team, will help clear the cold case backlog.
(Source: StarTribune.com) Read More......
The staff will test DNA samples from homicide and rape cases dating as far back as 1991. Hennepin County Attorney Mike Freeman said that, while the DNA evidence from these cases is well-preserved, the county has been lacking the means to analyze the DNA. This grant, and the help of a paralegal on the team, will help clear the cold case backlog.
(Source: StarTribune.com) Read More......
Wednesday, October 1, 2008
Mandatory, Not Voluntary, Is Necessary for the Profession
One of the National Federation of Paralegal Association's (NFPA) member organizations submitted an agenda topic to allow NFPA to support all types of regulation, not just mandatory licensure. As it stands now, NFPA can only promote regulation if it meets the minimum standards it has set: formal education requirements, an exam, a character requirement, and a grandparenting provision. But some associations want NFPA to support all forms of regulation, even if they do not meet those minimum standards.
This is a mistake. With the sour tang of the Wisconsin Supreme Court denial still on our tongues, this should be a motivator to push even harder for mandatory regulation. This is not the time to compromise, especially since, even more recently, the Indiana Supreme Court denied voluntary regulation. This is Indiana, which is full of Registered Paralegals and home to NFPA's own president.
Instead, waving the Richlin v. Chertoff decision in the air, we need to demand recognition as professionals through licensure. The U.S. Supreme Court has decided that our work warrants reimbursement, which would not be the case if paralegal work was not valuable and substantive.
There cannot be an acceptance of voluntary regulation as a "stepping stone" to mandatory licensure. That is accepting defeat, accepting the patronizing pats on the head that mean that we as paralegals will never fully be recognized for our contributions to law offices, corporations, and other entities. Voluntary certification creates a market for uneducated, unskilled paralegals who of course will be paid less than paralegals who received the voluntary certification.
There is not a single state in the entire United States that thinks paralegals are essential enough and professional enough to require regulation. Not a single state - it's a travesty, considering that paralegals are the lifeblood of any law office and perform essential, cost-effective functions in corporations, government positions, and other non-traditional roles.
NFPA needs to continue to push for mandatory regulation as the leader of the profession, which is why this agenda item should not pass. Read More......
This is a mistake. With the sour tang of the Wisconsin Supreme Court denial still on our tongues, this should be a motivator to push even harder for mandatory regulation. This is not the time to compromise, especially since, even more recently, the Indiana Supreme Court denied voluntary regulation. This is Indiana, which is full of Registered Paralegals and home to NFPA's own president.
Instead, waving the Richlin v. Chertoff decision in the air, we need to demand recognition as professionals through licensure. The U.S. Supreme Court has decided that our work warrants reimbursement, which would not be the case if paralegal work was not valuable and substantive.
There cannot be an acceptance of voluntary regulation as a "stepping stone" to mandatory licensure. That is accepting defeat, accepting the patronizing pats on the head that mean that we as paralegals will never fully be recognized for our contributions to law offices, corporations, and other entities. Voluntary certification creates a market for uneducated, unskilled paralegals who of course will be paid less than paralegals who received the voluntary certification.
There is not a single state in the entire United States that thinks paralegals are essential enough and professional enough to require regulation. Not a single state - it's a travesty, considering that paralegals are the lifeblood of any law office and perform essential, cost-effective functions in corporations, government positions, and other non-traditional roles.
NFPA needs to continue to push for mandatory regulation as the leader of the profession, which is why this agenda item should not pass. Read More......
Monday, September 29, 2008
Paralegal Touted for County Treasurer
In Pittsylvania County, Virginia, M.K. "Kate" Berger is one of the candidates for County Treasurer, and she's getting a hearty thumbs-up from a county resident.
The first thing cited in the opinion piece is Berger's paralegal experience:
It is heartening to see paralegal skills touted as a reason to elect someone to a position of such high responsibility. The knowledge and skills gained from being a paralegal extend far outside the law office.
(Source: WWW.WPCVA.COM) Read More......
The first thing cited in the opinion piece is Berger's paralegal experience:
[Berger] has a general practice paralegal certificate from the Paralegal Institute of Silver Springs, Md. This has assisted her in successfully operating her own paralegal service company since 1987. She has acquired a broad knowledge of federal and state tax laws, as well as experience in understanding and interpretation of those laws through her paralegal services with numerous legal firms in Pittsylvania County and Danville.
It is heartening to see paralegal skills touted as a reason to elect someone to a position of such high responsibility. The knowledge and skills gained from being a paralegal extend far outside the law office.
(Source: WWW.WPCVA.COM) Read More......
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