Grandfathering

COMMITTEE MEMBERS:

Kathy Allman, Chair
Glen Proctor

CHARGE

This Committee prepared a plan for transitioning existing legal assistants into a licensing model for mandatory legal assistant licensing in the state of Utah.

FINDINGS

If the Bar determines it will write its own licensing examination for legal assistants, one standard to qualify for the examination might be graduation from an ABA-APPROVED course of study. The process of ABA accreditation takes a school about 5-7 years to. Therefore, under this situation, a seven-year grand fathering period is proposed during which time it is anticipated that this market will have sufficient facilities to meet the ABA accreditation standard.

It is also appropriate to utilize a combination of requirements that currently exist through local and national associations nationally to qualify to sit for a Bar created examination, as follows.

1.Successful completion of an ABA-APPROVED program of education and training for legal assistants, and current employment as a legal assistant clerk under the direct supervision of a duly licensed Utah attorney; OR

2.Successful completion of an institutionally accredited legal assistants' program that consists of a minimum of sixty (60) semester hours (or equivalent quarter hours) of which fifteen (15) are substantive legal courses, and current employment as a legal assistant clerk under the direct supervision of a duly licensed Utah attorney; OR

3.Successful completion of an institutionally accredited legal assistants' program that consists of sixteen (16) semester hours of substantive legal courses, plus forty-five (45) semester hours (or equivalent quarter hours) of general college curriculum, and at least one (1) full year of employment experience as a legal assistant clerk under the direct supervision of a duly licensed Utah attorney;

(All applicants meeting qualifications 1, 2 or 3 must submit a certified copy of the school's transcript or curriculum showing all courses completed. No home study, video or correspondence courses will be accepted.); OR

4.A minimum of five (5) continuous years of full time employment experience as a legal assistant clerk under the direct supervision of a duly licensed attorney, which experience complies with the definition of a legal assistant as defined below, and current employment as a legal assistant clerk and completion of sixteen (16) CLE hours in the last two (2) years. (All applicants meeting this qualification must submit affidavits of the applicant's supervising attorney(s), certifying the minimum of five (5) continuous years of full time legal assistant clerk experience and proof of CLE attendance.); OR

5.A baccalaureate or higher degree in any field and at least two (2) full years of employment experience as a legal assistant clerk under the direct supervision of a duly licensed Utah attorney, and current employment as a legal assistant clerk. (All applicants meeting this qualification must submit proof of completion of a baccalaureate or higher degree and submit affidavits of the applicant's supervising attorney(s), certifying the minimum of two (2) continuous years of full time legal assistant experience.)

Individuals, currently working as legal assistants, who do not fall into one of the above categories should be allowed to continue working, without a license, for a period of two to three years during which time they must take necessary steps to meet the above qualifications and successfully pass the examination.

It is further proposed that an additional grandfathering clause be permanently implemented to address legal assistants who move to the State of Utah from another state that does not have licensure and therefore, may not meet the licensing requirements. This requirement is:

Individuals, moving into the state of Utah, who do not meet one of the above categories, should be allowed to work performing legal assistant duties as a legal assistant clerk, without a license, for a period of two to three years during which time they must take necessary steps to meet the above qualifications and successfully pass the examination.

This committee expects the topic addressed in this section to be the main focus of argument. Whether or not they are currently employed, many paralegals fear that licensure may terminate their careers.

The committee anticipates that once licensure has been implemented the term "paralegal" or "legal assistant" will become a term of art that implies licensure. A person may not take the title attorney without the proper qualifications, so it is anticipated with whatever term of art evolves from the proposal.

This is not to say that persons who possess legal skills but have been unwilling or unable to obtain licensure will be unable to work in the legal environment. The need for assistance in the law office will continue to grow along with the general population and the need for economy of legal services. Because the profession is controlled only by statutes that prohibit the unauthorized practice of law, many persons assist in law offices as legal assistants, paralegals, clerks, etc. with varying degrees of experience and training. Licensure will establish certain criteria of authority and responsibility, excluding non- licensed persons from some (but certainly not all) of the widespread tasks performed by Utah's many law office assistants. The medical profession was forced to undergo a similar evolution when physician's assistants became a term of art, while clinics and physicians continue to employ a variety of persons to assist in medical offices.

Professionals in the legal environment must understand the purpose of licensure is ultimately to serve clients in both the public and the private sectors. Many clients will not understand the difference between an attorney and a paralegal professional regardless of what the client has been told regarding the legal assistant's status. Clients look to these para-professionals to assist them with their legal needs and it is therefore our duty as a unified legal community to insure that persons holding themselves out with some measure of expertise do, indeed, have a minimum level of expertise.

Other Considerations

Issues this subcommittee believes require additional research are the criteria by which the different states allow attorneys licensure when they meet such requirements in another state which could be used as a model for the anticipated need of out-of-state paralegals.