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FLORIDA BILLS PUSH FOR LICENSING, DEFINITION OF PARALEGALS
Companion bills in the Florida Legislature are currently under consideration to make Florida the first state in the country to require licenses for paralegals. The bills require the Florida Supreme Court to develop a licensing and continuing education scheme and make it a felony for unlicensed people to identify themselves as paralegals.
The bills, sponsored by state Sen. Garrett Richter, R-Naples, and state Rep. Richard Steinberg, D-Miami Beach, were filed March 9 and have been assigned to the judiciary committees. They were written by the Florida Alliance of Paralegal Associations, a consortium of paralegal organizations that first started talking to The Florida Bar about enacting some kind of mandatory licensing in 1996. The group wants to prevent legal secretaries and others from using the title of paralegal to market themselves and to for-mally define what a paralegal is.
"We're a group of professionals that want to protect the integrity of the profession and feel legislation is the way to do that," said Mark Workman, a Miami-based Gunster paralegal who is past president of the Florida Alliance of Paralegal Associations and the South Florida Paralegal Association. "There are people out there that say to the public that they have those professional designations they don't have, and they dupe the public. We feel if we have the legislation in place, we'll have a means to avoid that and assist in defining who can and can't be a paralegal."
The group has hired a lobbyist, David Ramba of the Ramba Group in Tallahassee, who presented the bills to Florida Supreme Court Chief Justice Charles Canady and the Office of the State Courts Administrator for comment. He has not received any response.
But not everyone is a fan of the idea, including Florida Bar president Mayanne Downs. Some lawyers question why paralegal regulation is necessary. Currently, lawyers regulate the paralegals who work for them. If paralegals are licensed, it might be possible for them to work directly with clients and bypass the necessity for the public to hire lawyers.
Some lawyers say paralegals are motivated to pursue licensing for financial reasons, while some paralegals say lawyers are motivated to oppose it by the same thing.
'GOOD AND BAD'
"They are trying to raise the bar for paralegals," said David Rothman, a Miami lawyer and member of the Bar's board of governors. "Their intentions are noble. What has happened up till now is paralegals have operated under the auspices of lawyers. If they become independently regulated, they can act as paralegals with clients. There are lawyers that are concerned that some work that needs to be done by a lawyer will be done by a paralegal, and there may be gray areas, and that may work to the disadvantage of a client.
"We're watching this closely," he added, noting he is undecided on the law. "It has good and bad points."
Others say this is not the time to be adding new regulations in Tallahassee. Gov. Rick Scott, for one, has said he wants to deregulate more than 30 industries and professionals including yacht brokers, geologists and manicurists. "To put this extra layer of bureaucracy, I don't see where that is coming from," Miami solo attorney Lisa Lehner said. "In this day and age, we're trying to cut down on bureaucracy. Lawyers should be supervising their own staff and not put on an extra layer of red tape. What's next, are we going to be regulating our secretaries? Where does it end?"
The Bar board of governors has not taken a position on the legislation, which will be discussed at its Friday meeting. Workman previously accused The Florida Bar of trying to protect its own voluntary paralegal certification program. State certification, which requires certification through one of the national paralegal associations and work experience or a bachelor's degree, costs $150 to renew annually. Nearly 5,500 paralegals have been certified since the program began in 2008.
"It's a cash cow for them," Workman said. "None of the money is going to programs that assist paralegals or paralegal education. It's going back to the general fund of The Florida Bar."
ENABLING LEGISLATION
But the paralegal associations don't feel voluntary certification is enough, Workman said, and want to be regulated through the Florida Supreme Court.
"We have a very successful paralegal registration program within The Florida Bar and have had a high number of participants," Downs said. "We don't believe that this is the climate for additional regulation, nor do we feel this is a necessary regulation. We understand legislation is often the starting place for talking points, and we welcome an opportunity to be a part of that discussion."
What do you think? Would you want to be licensed?
Reprinted with permission from Law in Motion, Santa Barbara Paralegal Association.
People misunderstand the nature of licensure.
I am now a paralegal. However, I worked for 25 years as a Medical Technologist here in the State of Georgia-which has licensure. Let me explain a few things about how this works.
Licensure merely sets a standard of knowledge to which any individual must rise in order to work in a given job description. Period. Educational, experience, and/or work are frequently used as criteria to sit for the exam. For some period of time, “grand-fathering” is used for those who have considerable experience, but lack necessary educational credentials. This is allowed to “sunset” at some point in time. After that-everyone MUST meet the educational and/or experience criteria. There are no exceptions.
No-we were NOT allowed to “have clients” outside of the supervision of someone with higher credentials as some have expressed fears of happening. Instead, we are REQUIRED to work under the constant supervision of a qualified Medical Director and a Laboratory Manager (and I should know because I was a Manager for 15 years). Yes, there is some independent judgment used at times, I will grant you that much, but you will also have to admit that every paralegal has also used such judgment in every legal office in the country at one time or another. It happens. But as far as some group of paralegals setting up ‘shop’ and running off with the clients-nope, not going to happen. Somebody is feeling awfully insecure out there.
‘Cash cow’? Now there’s a laugher. I have never known of one of these programs that made money. Usually they are begging for more funding. Do more research, politicos. You are opening your mouths before you have anything like accurate information.
What licensure DOES do is allow the hiring manager know that the prospective employee has met a given minimum standard-so they have something to base a hiring decision upon. It may-depending on how it is set up-require CLE to maintain the credential, which again allows the employer to know that the employee is keeping up with developments in the field.
It is still deductible according to the IRS as a business expense whether the employee pays or the employer makes it a benefit. My employers usually made it a benefit-and, you bet, I took full advantage of it.
These attorneys need to re-adjust their under-garments and realize that this legislation really is just copying what they do in their professional lives. Nothing really would change in their offices except that they might have to allow staff members to go to CLE more frequently. That’s a small price to pay for better, happier employees.