Wednesday, 27 May 2009

Paralegal Schools - How does a paralegal qualify?

BACKGROUND
Paralegal is a relatively new and rapidly expanding area of law related employment. Certification and qualification from an approved Paralegal School is becoming more and more important, and more paralegals are seeking a recognised educational qualification – such as one of the ABA approved paralegal degrees, or one of the other ABA approved paralegal courses.
Previously, companies have employed Paralegals based on their appraisal of the candidate’s combined educational, training and work experience, and up until now many paralegals have gained employment in their particular law ‘niche’ primarily through work experience, rather than any particular educational qualification.

As the whole area of paralegals continues to expand, it is likely that the level of regulation will increase, and the need for an appropriate qualification will become even more of a necessity.

US – EDUCATION
The most direct form of paralegal education is to take an Associate Degree in Paralegal Studies, or less commonly, a Bachelor’s Degree. However, for someone who already has a College Degree, an intensive Certification program allows a shorter route.

The American Bar Association has approved around 250 or so courses, offered by around 1000 educational establishments.

US - QUALIFICATION
In the US paralegals with a bachelor’s degree and two years experience can voluntarily take a national association exam to become ‘Registered’ e.g. the National Federation of Paralegal Associations RP (Registered Paralegal) program. Alternatively a Paralegal with an Associate degree can become ‘Certified’ (‘Certificated’) through an exam such as the National Association of Legal Assistants’ CP (Certified Paralegal) program, or the American Alliance of Paralegals’ AACP (American Alliance Certified Paralegal) qualification.

Although registration or certification is currently on a voluntary basis, legislation is already in preparation to make some form of certification mandatory in some jurisdictions – e.g. Florida – and it seems only a matter of time before some form of official authorisation to work is required in all jurisdictions.

Do your own research into the most valuable type of Paralegal Qualification based on your own qualifications and experience, paying particular attention to the rules and practices of the jurisdiction that governs work in that part of the country where you intend to seek employment.

UK - EDUCATION
In the UK a range of courses ranging from distance learning BTEC programs through to full time university courses exist. Additionally, for those with some related educational qualifications or prior work experience ‘Approved Prior Learning’ (APL) and ‘Approved Accreditation of Prior Experiential Learning’ (APEL) programs exist to give credits or even exemptions from parts of the course. In some cases it may even be possible to have a previous educational qualification retrospectively recognised towards a paralegal qualification.

UK- QUALIFICATION
In the UK Paralegals are ‘self-regulated’, and can choose to become Licensed on a voluntary basis but this ‘licensing’ doe not have any legal standing.

SUMMARY
So, in summary, there is a lack of universally recognised education and qualification for anyone seeking to become a paralegal. Consequently anyone wishing to embark on becoming a paralegal really has to begin by deciding which jurisdiction they wish to practice in. Based on this decision it is then possible to research the current criteria for gaining employment within that jurisdiction, and then subsequently choosing an educational (or ‘qualifying work experience) program with which to be seen to meet those criteria.

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