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In my short tenure thus far as Legal Assistant Division Chair, I have been amazed at the confusion surrounding the terms "Paralegal" and "Legal Assistant." I
continually receive phone calls from attorneys inquiring as to how their "legal assistants" can become "paralegals." It is a common misconception in the legal
community, including Utah, that a "legal assistant" is simply someone who assists an attorney, but a paralegal is someone who has formal education, training, and experience to
assist lawyers.
In August of 2003, The American Bar Association approved a proposal to change the name of the Standing Committee on Legal Assistants to the Standing Committee on
Paralegals. The ABA determined it has become apparent that the term paralegal is gaining in prominence nationwide and that the term legal assistant is becoming less common. Another reason
for the change was the term legal assistant is a less well-defined term. Many legal secretaries and others with no formal paralegal experience or training refer to themselves as legal
assistants. This has certainly become the popular notion in Utah within the past decade.
In an attempt to further address and clarify this issue, I offer excerpts from an article recently published by NALA at www.nala.org/cert.htm:
NALA has long stated that the terms "legal assistant" and "paralegal" are synonymous terms. This is not a choice or opinion of NALA, but a fact - the terms are
defined as such throughout the United States in state supreme court rules, statutes, ethical opinions, bar association guidelines and other similar documents. These are the same documents
which provide recognition of the legal assistant profession and encourage the use of legal assistants in the delivery of legal services.
However, the association has become
increasingly aware that while the terms are the same as "lawyer" and "attorney" preference in terms is emerging - different geographic areas use one term more than
another. For this reason, we have filed for a certification mark "CP" with the US Patent and Trademark Office. In addition, we have redesigned the CLA certificate to encourage
those who have completed the CLA certification to use either CLA or CP as their professional credential. Many may prefer to use the mark "CLA" because of its recognition
throughout the legal community, however, the term "Certified Paralegal" may be used with it, as well. Suggested signature lines include the following:
Jane Doe, CLA
Certified Paralegal
Jane Doe, CP
Certified Paralegal
Jane Doe, CLA
Certified Legal Assistant
Jane Doe, CP
Certified Legal Assistant
The marks may
not be used together (i.e., CLA/CP) because this may imply two certifications. As always, the signature block must indicate the non-lawyer status, and must be used in accordance with
state and employer ethical codes and procedures.
Specialty Certification
If you have received a CLA Specialist designation, we have also re-designed the CLA Specialist
certificate to include the CLA and CP marks. Suggested signature lines for those with the specialty designation may include the following:
Jane Doe, CLAS
Certified Paralegal
Real Estate Specialty
Jane Doe, CLAS
Certified Legal Assistant
Real Estate Specialty
Jane Doe, CP
Certified Paralegal
Real Estate Specialty
Jane Doe, CP
Certified Legal Assistant
Real Estate Specialty
As mentioned previously, marks CLA and CP may not be used together. The signature block must indicate the
non-lawyer status, and must be used in accordance with state and employer ethical codes and procedures. Some states do not permit use of the term "Specialist" by attorneys
unless they have met certain specific requirements. For this reason, we have used the word "Specialty" in the above examples. We are not recommending use of the initials CPS
because this is a mark claimed by another entity for the designation "Certified Professional Secretary."
(Reprinted with permission by NALA).
For those who would like to receive a new certificate, you can contact NALA Headquarters via phone 918-587-6828 or e-mail nalanet@nala.org (on the subject line of your e-mail, please state "Request for NEW CLA Certificate").
I believe that it may be time for the Legal Assistant Division and the Utah State Bar to take a close look at this issue and determine whether or not to move with the tide and
change our Division's name to reflect the term "Paralegal" instead of "Legal Assistant."
I would love to hear your comments. Please contact me at skirkham@strongandhanni.com or any of my board members listed on our website.
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