• Home
  • About Me
  • Disclaimer

The Researching Paralegal

~ Articles and Research for Legal Professionals

The Researching Paralegal

Tag Archives: Paralegals

If You Want To Know How To Do Something, Ask A Paralegal.

14 Saturday Apr 2018

Posted by Celia C. Elwell, RP in Intellectual Property, Paralegals/Legal Assistants

≈ Comments Off on If You Want To Know How To Do Something, Ask A Paralegal.

Tags

Adam Houldsworth, Deborah Hampton, Intellectual Property, Paralegals, World Trademark Review™

How the legal profession under utilizes paralegals: exclusive interview with Deborah Hampton of Chemours, by Adam Houldsworth, World Trademark Review™ (hat tip to William P. Statsky)

https://bit.ly/2veKSrh

I met Deborah Hampton years ago, and was impressed then by her intelligence, poise, kindness, and professionalism. I am even more impressed now. -CCE

Share this:

  • Print
  • Tweet
  • Email
  • Share on Tumblr
  • Pocket
  • More
  • Telegram

Like this:

Like Loading...

Is A Non-Lawyer A Professional?

23 Friday Sep 2016

Posted by Celia C. Elwell, RP in Law Office Management, Management, Paralegals/Legal Assistants

≈ Comments Off on Is A Non-Lawyer A Professional?

Tags

Matt Hoffman, Non-Lawyers, Paralegals, the [non]billable hour blog

It’s Time to Kill the “Non-Lawyers” by Matt Hoffman, the [non]billable hour blog

http://bit.ly/2cpZOJk

[L]aw firms are professional services businesses and it’s time to acknowledge the large group of diversely talented people who make them run — people who don’t deserve to be labeled ‘non’-anything.

Instead, let’s call them what they really are: Professionals.

Continue reading →

Share this:

  • Print
  • Tweet
  • Email
  • Share on Tumblr
  • Pocket
  • More
  • Telegram

Like this:

Like Loading...

Canada Revokes Paralegal’s License.

13 Wednesday Jul 2016

Posted by Celia C. Elwell, RP in Malpractice, Rules of Professional Responsibility

≈ Comments Off on Canada Revokes Paralegal’s License.

Tags

Federation of Law Societies of Canada, Legal Ethics, Legal Profession Prof Blog, Legal Techicians, Mike Frisch, Paralegals, William P. Statsky

Paralegal License Revoked, by Mike Frisch, Legal Profession Prof Blog (with hat tip to William P. Statsky)

http://bit.ly/29ASMw6

There has been increasing discussion in the United States about creating class of paralegal often called “legal technicians.” Some states already have them. There are arguments pro and con on both sides. The underlying idea is to find a way to provide legal services at a lower rate making legal services more affordable.

But here’s the sticker. There are rules and laws to address situations where lawyers commit malpractice. Are there similar provisions for legal technicians and, if so, what are they? How do they protect consumers, is there any kind if discipline, and who is responsible for that oversight and discipline?

Canada might be good example to help answer some of these questions. What do you think? -CCE

Unlike its American counterparts, the Law Society of Upper Canada has and exercises disciplinary authority over paralegals,

The Law Society Tribunal revoked a paralegal’s license.

‘[M]r. Djukic’s actions clearly brought discredit upon the paralegal profession. Through his work as an immigration consultant and his standing as a paralegal, Mr. Djukic was able to meet and, ultimately, to persuade members of two families to provide him with monies totaling more than $900,000.’

Continue reading →

Share this:

  • Print
  • Tweet
  • Email
  • Share on Tumblr
  • Pocket
  • More
  • Telegram

Like this:

Like Loading...

Utah’s Major Decisions About The Paralegal Profession.

19 Saturday Dec 2015

Posted by Celia C. Elwell, RP in Limited License Legal Technician Program, Paralegals/Legal Assistants, Utah Supreme Court

≈ Comments Off on Utah’s Major Decisions About The Paralegal Profession.

Tags

Limited Legal Licensing, National Center for State Courts, Non-Lawyers, Paralegals, Utah Supreme Court

Utah made some major decisions about the paralegal profession in 2015. In August, the Utah Supreme Court, Utah State Bar, and National Center for State Courts took a hard look at the role of non-lawyers:

Non-Lawyer Legal Assistance Roles – Efficacy, Design, and Implementation, Thomas M. Clark, Ph.D., National Center for State Courts (August 2015)

Non-Lawyer Legal Assistance Roles

In November 2015, the Utah Supreme Court’s Task Force also tackled limited legal licensing of non-lawyers:

Utah Supreme Court Task Force to Examine Limited Legal Licensing

http://www.utcourts.gov/committees/limited_legal/Supreme%20Court%20Task%20Force%20to%20Examine%20Limited%20Legal%20Licensing.pdf

You can find both here at the Utah Courts website under Publications/Court Reports:

http://www.utcourts.gov/resources/reports/

Share this:

  • Print
  • Tweet
  • Email
  • Share on Tumblr
  • Pocket
  • More
  • Telegram

Like this:

Like Loading...

A Rose By Any Other Name . . . .

19 Sunday Jul 2015

Posted by Celia C. Elwell, RP in Lawyer Supervision, National Exams, Paralegals/Legal Assistants, Professional Organizations, Regulation, Unauthorized Practice of Law

≈ Comments Off on A Rose By Any Other Name . . . .

Tags

Certificated, Certification, Legal Assistants, Paralegals, Registration

Attorney’s Quick Guide to Paralegal Credentials, by Misty L. Sheffield, Atlanta Paralegal Services©2015

http://www.atlantaparalegalservices.com/2011/08/attorneys-quick-guide-to-paralegal-credentials/

 

Attorneys looking for a paralegal to hire full-time, part-time or on a contract basis will be faced with a variety of titles and credentials. Paralegals are not a licensed profession, but credentials are offered by the national paralegal organizations on a voluntary basis. This is a quick reference guide to the most commonly used national paralegal titles and credentials. This list does not include state-specific credentials. . . .

Continue reading →

Share this:

  • Print
  • Tweet
  • Email
  • Share on Tumblr
  • Pocket
  • More
  • Telegram

Like this:

Like Loading...

This Is So Wrong On So Many Levels.

03 Friday Apr 2015

Posted by Celia C. Elwell, RP in Ethics, Lawyer Supervision, Legal Ethics, Paralegals/Legal Assistants, Supervising Support Staff

≈ 1 Comment

Tags

Legal Ethics, Litigation, Paralegals, The Law for Lawyers Today, Thompson Hine LLP, Tom Feher

Florida Lawyers Face Disciplinary Charges After Representing “Bubba the Love Sponge Clem” Blog, by Tom Feher, Thompson Hine LLP, The Law for Lawyers Today, © Copyright 2006-2015 Globe Business Publishing Ltd (with hat tip to William P. Statsky!)

http://www.lexology.com/library/detail.aspx?g=7369afdc-2305-4a44-aa15-ee76a6effe33

There has been a long, ongoing discussion in our profession about whether paralegals should have a certain level of paralegal education or whether it is sufficient to have experience alone. This article makes a good argument that, one way or another, in-depth education in legal ethics is critical for paralegals and all support staff. This subject deserves, and needs, special attention.

We make the mistake of thinking that lawyers know every nuance to supervising paralegals, and that is not always the case. It is not enough pick up a short review of legal ethics at a CLE seminar. You should be brushing up constantly, just as you would court rules or any other integral part of your job.

This example is one of the most extreme ethical violations I have ever seen by paralegals and attorneys. You cannot make up this stuff. -CCE

Sometimes our lessons come in more bizarre ways than others. As reported by Law360 last week (subscription required), three Florida lawyers were charged by disciplinary authorities over a January 2013 incident involving the firm’s paralegal. The three lawyers were defending defamation claims against their client, who was a local radio talk show host known as ‘Bubba the Love Sponge Clem.’ The plaintiff was another radio personality.

Reports at the time suggested that, on the evening after the media-focused defamation trial started, the defense firm’s paralegal spotted plaintiff’s counsel at a local bar near his home. She contacted lawyers at her firm, returned to the bar with a friend, and sat down next to opposing counsel. Over the next two hours, the paralegal is reported to have lied about where she worked, flirted with opposing counsel and ordered drinks, including buying defense counsel a vodka cocktail and shots of Southern Comfort. She also stayed in touch with the three lawyers from her firm, sending them more than 90 texts and emails over the course of the evening. . . .

Continue reading →

Share this:

  • Print
  • Tweet
  • Email
  • Share on Tumblr
  • Pocket
  • More
  • Telegram

Like this:

Like Loading...

Lawyer Sanctioned For Throwing Paralegal Under The Bus To Explain Mistake To Court.

24 Tuesday Mar 2015

Posted by Celia C. Elwell, RP in Attorney Discipline, Lawyer Supervision, Legal Ethics, Paralegals/Legal Assistants, Rules of Professional Responsibility, Supervising Support Staff

≈ Comments Off on Lawyer Sanctioned For Throwing Paralegal Under The Bus To Explain Mistake To Court.

Tags

ABA Journal, Debra Cassens Weiss, Lawyer Supervision, Legal Ethics, Paralegals

Judge Sees ‘Self-Congratulatory Blather’ In Biglaw Brief; Paralegals Blamed For Error, by Debra Cassens Weiss, ABA Journal (with hat tip to William Statsky!)

http://tinyurl.com/na9l6gy

A Florida bankruptcy judge overseeing a fight between investors in a shuttered fashion mall made no secret of his dissatisfaction with a Duane Morris pleading during a sanctions hearing on Friday.

U.S. Bankruptcy Judge John Olson said the law firm appeared to be throwing a paralegal ‘under the bus’ when it blamed her for a mistaken court filing, and its sanctions brief was lacking the proper tone, the Daily Business Review (sub. req.) reports.

Continue reading →

Share this:

  • Print
  • Tweet
  • Email
  • Share on Tumblr
  • Pocket
  • More
  • Telegram

Like this:

Like Loading...

Over-Delegation? Something Was Bound To Go Wrong!

22 Thursday Jan 2015

Posted by Celia C. Elwell, RP in Law Office Management, Legal Ethics, Supervising Support Staff

≈ Comments Off on Over-Delegation? Something Was Bound To Go Wrong!

Tags

Above the Law (blog), General Motors, J.P. Morgan, Joe Patrice, Legal Ethics, Mayer Brown Simpson Thatcher, Paralegals, Supervision of Support Staff, Synthetic Lease, UCC

Mayer Brown Simpson Thatcher Make Epic Screwup, by Joe Patrice, Above The Law Blog

http://abovethelaw.com/2015/01/mayer-brown-simpson-thacher-make-epic-screwup/

Mistakes happen. It’s why pencils have erasers. But it’s also why law firms install tier after tier of increasingly senior professionals to second-guess every ounce of work product. It’s remarkably effective — and fairly lucrative on an hourly basis.

Unfortunately, the flip side of a tiered system is a tendency toward over-delegation. And that’s how an unwary paralegal ends up costing a bank millions.

era; loaned a good chunk of cash to General Motors as part of a $300 million synthetic loan. It also, in a completely unrelated agreement, joined other lenders in loaning GM $1.5 billion. When GM paid off the first loan, it prepared documents to release J.P. Morgan’s interest in GM property used to secure the $300 million. And that’s when this happened, according to the Second Circuit’s opinion:

A Mayer Brown partner assigned the work to an associate and instructed him to prepare a closing checklist and drafts of the documents required to pay off the Synthetic Lease and to terminate the lenders’ security interests in General Motors’ property relating to the Synthetic Lease. One of the steps required to unwind the Synthetic Lease was -to create a list of security interests held by General Motors’ lenders that would need to be terminated. To prepare the list, the Mayer Brown associate asked a paralegal who was unfamiliar with the transaction or the purpose of the request to perform a search for UCC‐1 financing statements that had been recorded against General Motors in Delaware. (emphasis added)

The paralegal passed the assignment on to one of the dudes in the mailroom and the cheese stands alone. . . .

Share this:

  • Print
  • Tweet
  • Email
  • Share on Tumblr
  • Pocket
  • More
  • Telegram

Like this:

Like Loading...

Oops – Non-Lawyers and the Unauthorized Practice of Law.

28 Sunday Sep 2014

Posted by Celia C. Elwell, RP in Ethics, Independent Paralegals, Lawyer Supervision, Paralegals/Legal Assistants, Unauthorized Practice of Law

≈ Comments Off on Oops – Non-Lawyers and the Unauthorized Practice of Law.

Tags

Ethics, Legal Advice, Legal Assistants, Legal Profession Prof, Mike Frisch, Non-Lawyers, Paralegals, STAND and Deliver Legal Services, Unauthorized Practice of Law

STAND And Deliver Legal Services, by Mike Frisch, Legal Profession Prof Blog

http://tinyurl.com/qjc6haw

There are certain things that paralegals, legal assistants, and any other non-lawyer legal professional cannot do.

  • We cannot appear in court on behalf of a client (when we’re not with our supervising attorney). Even then, we won’t be sauntering up to the judge’s bench to make argument or answer the Court’s questions).
  • And although I know some paralegals do this with their lawyer’s approval, we should not negotiate settlement on the client’s behalf. In these situations, my guess is that, the majority of the time, the client has no idea that the has delegated this task to a non-lawyers.
  • I’m going to go with faith that non-lawyers understand about client confidentiality.
    There are other things a non-lawyer cannot do, but the biggest is that we cannot give legal advice. If someone asks you a legal question, and you say, “I can’t give legal advice, but if I were you, I would . . . ,” that’s giving legal advice. The little signs you see next to discount shopping stores offering to do your divorce for a small fee are trying to sell legal advice. Even if you know the answer when a client asks you a question, the absolute best answer you can give is, “I don’t know – you’ll have to ask the lawyer.”

That brings us to this post. No doubt that the non-lawyer in this example had good intentions, and was trying to help. If you the non-lawyer in any situation, regardless of how much training or initials you have behind your name, you CANNOT GIVE LEGAL ADVICE.-CCE

Unauthorized practice decision of the Ohio Supreme Court is described by Kathleen Maloney:

A Lorain County non-lawyer and his corporation engaged in the unauthorized practice of law by providing legal advice to individuals facing criminal charges, according to an Ohio Supreme Court decision today.

The court directed King Ayettey Zubaidah and STAND, Inc., to stop practicing law and ordered them to pay a civil penalty of $20,000 for their involvement in four legal matters.

Zubaidah formed STAND (Striving Towards a New Day!) in 2008 after his experience with the justice system in the 1980s when he was convicted on a drug charge and sentenced to five years probation. STAND’s mission was ‘to help change the unfair and partial treatment against minorities in the judicial system.’

In each of the four cases brought before the Board on the Unauthorized Practice of Law (UPL), the defendant or a parent of the defendant asked for Zubaidah’s guidance during the criminal case and signed an agreement with STAND, which stated that the organization would assist them. No payment was required. Family members testified that Zubaidah did not claim to be an attorney and they knew he was not one.

In one matter, Isaiah Harris faced several charges in three different cases in 2008 involving the same victim. The court appointed a lawyer to represent him. Harris also signed an agreement with STAND.

The three cases were combined, and before Harris’ trial Zubaidah sent a letter to the judge indicating he had in-depth knowledge about the facts in the case and defending Harris’ actions.

In the midst of trial, Harris’ lawyer negotiated a plea deal for a four-year prison term. Zubaidah attended the trial, but his involvement was disputed. Harris’ lawyer claimed that Zubaidah advised Harris not to accept the deal. Harris rejected the offer and was later convicted and sentenced to 23 years, 6 months in prison.

In the other cases, Zubaidah sent letters to the judges asking for lower bonds, citing cases, and making legal arguments, though indicating that he was not an attorney.

In today’s per curiam opinion, the court noted that an individual who negotiates legal claims for another person and provides legal advice – even without charge and even when stating that he is not an attorney – is practicing law.

While a non-attorney who sends a character-reference letter for someone to a judge is not engaging in the unauthorized practice of law, the court stated that when a letter shifts to advocating specific legal positions for that person, the unauthorized practice of law occurs.

‘[D]espite the laudable desire to seek reform in the criminal system, such a desire cannot be realized by legally advising and advocating on behalf of a criminal defendant without violating our prohibition against the unauthorized practice of law,’ the opinion stated.

‘Zubaidah’s actions extended beyond the permissible conduct of endorsing a person’s character, advocating a social issue generally, advancing personal interests, or providing nonlegal advice to a family member. Despite Zubaidah’s good intentions and intermittent disclaimers, his conduct shows a pattern of advocating legal positions on behalf of defendants and providing legal advice to those defendants, leading to serious consequences for the STAND clients who trusted him.’

The court pointed out that Zubaidah held himself out as ‘an advocate with legal expertise,’ his agreements implied that he had specialized knowledge of the legal system, and his letters to judges ‘cited case law, raised legal issues, and asked for legal results.’ . . . [Emphasis added,]

Share this:

  • Print
  • Tweet
  • Email
  • Share on Tumblr
  • Pocket
  • More
  • Telegram

Like this:

Like Loading...

Trial Tips For Paralegals.

20 Saturday Sep 2014

Posted by Celia C. Elwell, RP in Exhibits, Paralegals/Legal Assistants, Trial Notebooks, Trial Tips and Techniques

≈ Comments Off on Trial Tips For Paralegals.

Tags

Betsy Horn CLA, Paralegals, State Bar of Texas Paralegal Division, Texas Paralegal Journal, Trial Tips & Techniques

A Paralegal’s Guide to Preparing for a Civil Trial, by Betsy Horn, CLA, Texas Paralegal Journal (Summer 1997), ©1997 Legal Assistants Division, State Bar of Texas

http://txpd.org/TPJ/08/horn.html

Do not let the date give you the notion that there’s nothing here worth your attention. Ms. Horn’s article and checklist is invaluable for any paralegal preparing for, or assisting, at trial. Although trial technology and the tools you use may have changed, the common sense and advice in this article is just as true today as in 1997.

Regardless of whether you live in Texas, please don’t ignore the Texas Paralegal Journal. As you can see, it’s been going strong for a long time. I strongly recommend that you look at the Journal’s web page, http://txpd.org/TPJ/75/default.asp. Now that you’ve found it, stay a while. Click on TLJ Online. There is a wealth of information there, just waiting to be plucked. -CCE

Share this:

  • Print
  • Tweet
  • Email
  • Share on Tumblr
  • Pocket
  • More
  • Telegram

Like this:

Like Loading...

State Bar of Texas Paralegal Division And Texas’ Board of Paralegal Specialization Program.

27 Sunday Jul 2014

Posted by Celia C. Elwell, RP in Education, Ethics, Paralegals/Legal Assistants, Professional Organizations

≈ Comments Off on State Bar of Texas Paralegal Division And Texas’ Board of Paralegal Specialization Program.

Tags

Paralegal Specialization, Paralegals, State Bar of Texas Paralegal Division, Texas Bar Association, The Texas Board of Legal Specialization

State Bar of Texas Paralegal Division

https://txpd.org/

Not all state bar associations have a paralegal division. Texas Bar Association’s Paralegal Division was the first one in the United States created in 1981. Its website has lots of cool stuff, such as:

  • Articles at the Texas Paralegal Journal Archive at https://txpd.org/TPJ/tpj_archive.asp; and
  • Announcement from The Texas Board of Legal Specialization (TBLS) about its new website at www.tbls-bcp.org:

TBLS is pleased to announce the official launch of our new website specifically for the Paralegal Specialization program. This site is an informational, public-facing web site designed to promote the presence, and exclusive status, of the TBLS paralegal certification process. It also acts as an Intranet for the Board Certified Paralegal (BCP) community and Texas attorneys interested in specialized paralegal matters.

We have just concluded final stages of development and want you to have the first look this weekend of our new site at http://www.tbls-bcp.org. This is only the initial phase of the website with plans for more video, online member services and social media options. . . .

Share this:

  • Print
  • Tweet
  • Email
  • Share on Tumblr
  • Pocket
  • More
  • Telegram

Like this:

Like Loading...

Paralegal and Legal Assistant Resources.

11 Wednesday Jun 2014

Posted by Celia C. Elwell, RP in Education, Paralegals/Legal Assistants, Professional Organizations

≈ Comments Off on Paralegal and Legal Assistant Resources.

Tags

AAfPE, ABA Standing Committee on Paralegals, ABA-Approved Paralegal Programs, Core Competencies, Legal Assistants, National Association of Legal Assistants, National Federation of Paralegal Associations, Paralegal Associations, Paralegals

Paralegals and Legal Assistants, HG Legal Sources

http://www.hg.org/paralegal.html

Resources on paralegal education, definitions, and paralegal associations (both USA and worldwide). -CCE

 

Share this:

  • Print
  • Tweet
  • Email
  • Share on Tumblr
  • Pocket
  • More
  • Telegram

Like this:

Like Loading...

Witness Preparation – When May The Witness Show Anger?

09 Monday Jun 2014

Posted by Celia C. Elwell, RP in Paralegals/Legal Assistants, Trial Tips and Techniques, Witness Preparation, Witnesses

≈ Comments Off on Witness Preparation – When May The Witness Show Anger?

Tags

Expert Witness, Legal Assistants, Legal Insights Blog, Litigation Insights Blog, Merrie Jo Pitera, Paralegals, Witness Preparation

Witness Preparation Tip: When Is It Appropriate For A Witness To Show Anger? by Merrie Jo Pitera, Ph.D. – CEO, Litigation Insights Blog

http://tinyurl.com/ma4hps8

Many years ago, I was working on witness preparation with a corporate HR Director who was being deposed. It was quickly apparent from the moment that he walked in the room that he was not happy to be there. During his own mock direct examination, when the questions were clearly “friendly fire” from his own attorney, he was angry and aggressive. He was so mad that he was getting out of his seat and pointing at his own attorney with his finger when answering simple questions. What was worse, he was getting progressively more emotional and belligerent as the questioning continued. And we hadn’t even gotten to mock cross examination yet! It was clear we needed to take a break and pull him aside for a heart-to-heart discussion. In his current emotional state, he was the antithesis of an HR Director, and his display of anger was inadvertently reinforcing the plaintiff’s claims that the company did not care about his complaints of racial discrimination. An additional complication was that the HR Director thought his strong, angry reaction was helping his employer’s case.

While extreme, this witness’ reaction to testifying is not unusual. It is no secret that no one looks forward to being deposed. . . .

Share this:

  • Print
  • Tweet
  • Email
  • Share on Tumblr
  • Pocket
  • More
  • Telegram

Like this:

Like Loading...

Paralegal Regulation Chart State-By-State.

09 Monday Jun 2014

Posted by Celia C. Elwell, RP in National Exams, Regulation

≈ Comments Off on Paralegal Regulation Chart State-By-State.

Tags

Legal Assistants, National Federation of Paralegal Associations, NFPA, Paralegal Ethics, Paralegal Regulation, Paralegals

Paralegal Regulation, State by State, posted by The National Federation of Paralegal Associations (last updated May 2012)

REGULATION_CHART_5-12final.docx

A non-partisan chart of state-by-state by the paralegal profession., and created by The National Paralegal Association. 

If you have trouble opening the link – or if you are aware of updated information, please contact The National Federation of Paralegal Association at http://www.paralegals.org/default.asp?page=103. -CCE

Share this:

  • Print
  • Tweet
  • Email
  • Share on Tumblr
  • Pocket
  • More
  • Telegram

Like this:

Like Loading...

Nine Top Tips for Paralegals Preparing for Trial.

09 Monday Jun 2014

Posted by Celia C. Elwell, RP in Adobe Acrobat, Animations, Bates Numbers, Legal Technology, Paralegals/Legal Assistants, PowerPoint, Presentations, Trial Notebooks, Trial Tips and Techniques, Witness Preparation

≈ Comments Off on Nine Top Tips for Paralegals Preparing for Trial.

Tags

Courtroom Presentations, Legal Assistants, Paralegals, Trial Preparation

9 Critical Steps for Trial Preparation, by David J. Dempsey, Paralegal Today Magazine (formerly Legal Assistant Today)

http://paralegaltoday.com/issue_archive/features/feature1_ja03.htm

I suspect that any paralegal with significant trial experience would have other things to add to this list. But it’s still good advice and a good start. -CCE

[P]aralegals play an indispensable role in the trial preparation process. It’s imperative that, in conjunction with the lead counsel, you design and adhere to a plan to make sure your energies — and those of the entire support team — are focused on the tasks that will contribute most to the success of the trial.

As the final phases of intense trial preparation approach, paralegals can wear many hats: coordinating schedules, monitoring deadlines, helping prepare witnesses and documents, organizing files and exhibits, preparing subpoenas and working with all members of the support team, including expert witnesses, outside vendors, and other legal assistants and attorneys involved in the trial.

Every trial attorney will use the talents of a paralegal in different ways. In my practice, I tend to rely heavily on paralegals and delegate a considerable amount of responsibility to them.

While the following guidelines will not work for every trial team, these are nine critical steps I believe paralegals can take to help make sure when the opening gavel falls at trial, your team is prepared to prevail. . . .

Share this:

  • Print
  • Tweet
  • Email
  • Share on Tumblr
  • Pocket
  • More
  • Telegram

Like this:

Like Loading...

Review of Paralegal Regulation in Ontario, Canada.

02 Sunday Mar 2014

Posted by Celia C. Elwell, RP in Canada, Canada Licensing, International Law, Paralegals/Legal Assistants

≈ Comments Off on Review of Paralegal Regulation in Ontario, Canada.

Tags

Access to Justice Act, Attorney General, David Morris, Law Society of Upper Canada, Ontario Ministry of the Attorney General, Paralegal Licensing, Paralegal Regulation, Paralegals

Reports » Report of Appointee’s Five-Year Review of Paralegal Regulation in Ontario, Ontario Ministry of the Attorney General

http://tinyurl.com/mrw4olq

Paralegal regulation began in Ontario, Canada, on May 1, 2007 under the 2006 Access to Justice Act. The Act requires that all paralegals in Ontario shall be licensed by the Law Society of Upper Canada.

To verify that paralegal regulation under the Act was successful, the Act required two reviews after five years. This link will take you to both progress reports, submitted June 28, 2012 and November 1, 2012, respectively.

While visiting this link, I encourage you to poke around and learn more about the Ministry of the Attorney General of Ontario and Canadian law. -CCE

Share this:

  • Print
  • Tweet
  • Email
  • Share on Tumblr
  • Pocket
  • More
  • Telegram

Like this:

Like Loading...

Legal Writing Faculty – It’s Okay To Sweat The Small Stuff.

16 Sunday Feb 2014

Posted by Celia C. Elwell, RP in Bad Legal Writing, Citations, Education, Legal Writing, Legalese, Paralegals/Legal Assistants, The Bluebook

≈ Comments Off on Legal Writing Faculty – It’s Okay To Sweat The Small Stuff.

Tags

Above the Law (blog), Joe Patrice, Legal Assistants, Legal Writing, Legal Writing Course, Legal Writing Prof Blog, Local Rules, Louisa Heiny, NYU, Paralegals, S.J. Quinney College of Law, Santa Clara Law Professor Ray Bernstein, University of Utah, Yale

A Law Professor’s Detailed, Thoughtful, and Comprehensive ‘Local Rules’ for Class: A Response to “Above the Law,” Legal Writing Prof Blog (guest post from Louisa Heiny, Adjunct Professor of Law at the S.J. Quinney College of Law of the University of Utah, responding to recent post at Above The Law Blog)

http://lawprofessors.typepad.com/legalwriting/2014/02/atl.html

I used to teach Legal Writing and Legal Analysis to paralegals. Students had to work hard to earn a good grade in those classes. Some students appreciated the emphasis on grammar and punctuation, adhering strictly to court rules and the Bluebook, the eradication of legalese, and the insistence that details matter. Regrettably, not every student felt the same way, and missed the point. There was a reason why the bar was set high for my students. I wanted them to succeed once they were on the job.

If I learned anything from teaching, it was that the majority of students, when challenged, will work hard to meet high standards and expectations set for the class. If a teacher’s expectation are low, the work turned in will be mediocre at best. Both law and paralegal students face tough competition upon graduation. Quality matters more than ever.

It is nice to see that there are still legal writing faculty who set insist on quality. -CCE

I admit it: I read Above the Law. I read it every day. It’s even on my Facebook feed. It’s sometimes snarky, often witty, and has published some of the most ridiculously funny cease and desist letters I’ve ever seen. I use material from Above the Law in class to show students what not to do.

I’ll also admit that when I read the headline in Above the Law, ‘A Law Professor’s Detailed, Ridiculous, Condescending ‘Local Rules’ For Class,’ I panicked. There was a serious possibility that I was about to read my own syllabus. I’m an adjunct, so there was also a possibility that I was about to be fired.

After a moment’s relief that I was not the target of ATL’s ire, I read the article. Written by Joe Patrice, the post skewers the ‘local rules’ created by Santa Clara Law Professor Ray Bernstein for his legal writing class. While my own syllabus isn’t as detailed, Professor Bernstein has created a detailed, thoughtful, and comprehensive set of local rules designed to put students on notice of class requirements, as well as prepare them for the practice of law. . . .

Share this:

  • Print
  • Tweet
  • Email
  • Share on Tumblr
  • Pocket
  • More
  • Telegram

Like this:

Like Loading...

Canada’s Paralegal Licensing Process.

14 Friday Feb 2014

Posted by Celia C. Elwell, RP in Canada Licensing

≈ Comments Off on Canada’s Paralegal Licensing Process.

Tags

Canada, Entry Level Competencies, Paralegal Licensing Process, Paralegals, The Law Society of Upper Canada

Paralegal Licensing Process, The Law Society of Upper Canada

http://www.lsuc.on.ca/licensingprocessparalegal/

To provide services effectively and in the public interest, Canada’s Paralegal Licensing Process requires candidates to possess the required entry-level competencies. This website sets out the admission qualifications through various options explained at this link.

In your opinion, do these entry-level requirements adequately protect the public and sufficiently define the role of paralegals in Canada? -CCE

Share this:

  • Print
  • Tweet
  • Email
  • Share on Tumblr
  • Pocket
  • More
  • Telegram

Like this:

Like Loading...

National Paralegal Exams – Should You Take Them?

11 Tuesday Feb 2014

Posted by Celia C. Elwell, RP in National Exams, Paralegals/Legal Assistants, Professional Organizations

≈ Comments Off on National Paralegal Exams – Should You Take Them?

Tags

Certified Legal Assistant, Legal Assistants, National Association of Legal Assistants, National Federation of Paralegal Assocaitions, National Paralegal Exams, Paralegals, Registered Paralegal

Recently I have had conversations with paralegals and paralegal students who are interested in taking one of the national paralegal exams. In a former life, I was the National Coordinator for PACE (the “Paralegal Advanced Competency Exam”) for the National Federation of Paralegal Associations (“NFPA”). I helped to design that exam in its beginning stages and wrote the legal writing section  of its Study Manual. So PACE and Registered Paralegals are what I know best.

I have many friends who have taken both the Certified Legal Assistant  exam created by the National Associations of Legal Assistants (“NALA”) and NFPA’s exam to become Registered Paralegals. Many went on to get further certification in other areas of law, e-discovery, or other fields.

It is not unusual these days to see non-lawyer professionals with long lists of initials after their name. Why are these folks spending the money and time to pass these tests? Maybe their employers asked or required the exams or training to meet their clients’ needs, and they needed someone with those skills. It happens, especially with firms that taken on massive e-discovery projects.

I think the best reason to invest the time and money (and they are not cheap) to take a national paralegal exam is to prove to oneself his or her expertise for their own gratification. Anything else that comes from it is gravy.

Do other paralegals who have passed these tests tell others that they are not really a legal assistant or paralegal if they do not take and pass these tests? Sometimes, I’m sorry to say that happens. I have never understood knocking someone else down to build yourself up, and that is the category where this nonsense belongs.

I am not going to say that one paralegal association’s test is better than another. Both NALA and NFPA have long since established the credentials and worth of their exams. That debate is over — or it should be.

My recommendation is to ignore anyone (other than your employer) who insists that you must take one of these tests to prove your worth or ability. Again, the best reason to take these tests is because you have decided – for your own reasons – that this is what you want. Those who have already passed the tests will hopefully encourage you and support your efforts.

What national test should you take? That is your call. If you are a paralegal worth your chops, you will do your own research and make your own decision after looking at all the pro’s and con’s. It is your money, your time, and your career. Who else should make that decision but you? -CCE

Share this:

  • Print
  • Tweet
  • Email
  • Share on Tumblr
  • Pocket
  • More
  • Telegram

Like this:

Like Loading...

The High Cost of Legal Services – Are More Paralegals An Answer?

25 Saturday Jan 2014

Posted by Celia C. Elwell, RP in Law Office Management

≈ Comments Off on The High Cost of Legal Services – Are More Paralegals An Answer?

Tags

Attorneys Nonlawyers, CNN Opinion, Gillian Hadfield, Lawyers, Legal Aid, Legal Assistants, LinkedIn, Mianne Besser, Paralegals

Lawyers, Make Room For Nonlawyers, by Gillian Hadfield, CNN Opinion (with hat tip to Mainne Besser on LinkedIn)

http://tinyurl.com/jwbdunc

The majority of lawyers in my part of the world aggressively use experienced paralegals and legal assistants to provide lower costs and quality work for their clients. It is simple math. It cuts costs for clients and increases profits for the lawyers. It is a win-win. Yet, there is no dispute that legal fees, which include criminal fines and filing fees, depositions, discovery, and e-discovery expenses, can drive up a client’s bill in a hurry.

Like medical costs for a serious illness, many people find these expenses outside their reach. -CCE

 

In our country, lawyers and judges regulate their own markets. The upshot is that getting legal help is enormously expensive and out of reach for the vast majority of Americans. Anyone faced with a contract dispute, family crisis, foreclosure or eviction must pay a lawyer with a JD degree to provide service one-on-one in the same way lawyers have done business for hundreds of years.

Increasingly, the only ‘persons’ with access to legal help are “artificial persons” — corporations, organizations and governments. No wonder that in a 2010 New York study, it was shown 95% of people in housing court are unrepresented. The same is true in consumer credit and child support cases; 44% of people in foreclosures are representing themselves—against a well-represented bank, no small number of whom engaged in robo-signing and sued people based on faulty information.

Share this:

  • Print
  • Tweet
  • Email
  • Share on Tumblr
  • Pocket
  • More
  • Telegram

Like this:

Like Loading...
Follow The Researching Paralegal on WordPress.com

Enter your email address to follow this blog and receive notifications of new posts by email.

Search

Sign In/Register

  • Register
  • Log in
  • Entries feed
  • Comments feed
  • WordPress.com

Categories

Archives

  • January 2021
  • November 2020
  • October 2020
  • September 2020
  • August 2020
  • June 2020
  • May 2020
  • April 2020
  • January 2020
  • December 2019
  • October 2019
  • August 2019
  • July 2019
  • May 2019
  • March 2019
  • January 2019
  • December 2018
  • November 2018
  • October 2018
  • September 2018
  • August 2018
  • July 2018
  • June 2018
  • May 2018
  • April 2018
  • March 2018
  • February 2018
  • December 2017
  • November 2017
  • October 2017
  • September 2017
  • August 2017
  • July 2017
  • June 2017
  • May 2017
  • April 2017
  • March 2017
  • February 2017
  • January 2017
  • December 2016
  • November 2016
  • October 2016
  • September 2016
  • August 2016
  • July 2016
  • June 2016
  • May 2016
  • April 2016
  • March 2016
  • February 2016
  • January 2016
  • December 2015
  • November 2015
  • October 2015
  • September 2015
  • August 2015
  • July 2015
  • June 2015
  • May 2015
  • April 2015
  • March 2015
  • February 2015
  • January 2015
  • December 2014
  • November 2014
  • October 2014
  • September 2014
  • August 2014
  • July 2014
  • June 2014
  • May 2014
  • April 2014
  • March 2014
  • February 2014
  • January 2014
  • December 2013
  • November 2013
  • October 2013

Recent Comments

Eric Voigt on Top 20 Paralegal Blogs, Websit…
profvoigt on Research Guides in Focus – Mun…
Make Your PDF Docume… on Make Your PDF Document Edit-Pr…
madlaw291282999 on Using Hyperbole -Are You Riski…
How to Treat Bad Cli… on Why Do Bad Clients Deserve The…

Recent Comments

Eric Voigt on Top 20 Paralegal Blogs, Websit…
profvoigt on Research Guides in Focus – Mun…
Make Your PDF Docume… on Make Your PDF Document Edit-Pr…
madlaw291282999 on Using Hyperbole -Are You Riski…
How to Treat Bad Cli… on Why Do Bad Clients Deserve The…
  • RSS - Posts
  • RSS - Comments

Blog at WordPress.com.

loading Cancel
Post was not sent - check your email addresses!
Email check failed, please try again
Sorry, your blog cannot share posts by email.
Cancel

You must be logged in to post a comment.

Loading Comments...
Comment
    ×
    <span>%d</span> bloggers like this: