Report on Licensing
REPORT OF THE Licensing of Legal
Assistants Committee of the Legal Assistant Division of the Utah State Bar
April 6, 1998
(Minor Editing Changes: May 6, 1998)
This is an overview of the Report of the Licensing of Legal Assistants
Committee. This report was approved for further development by the Bar
Commission at its May 15, 1998 Meeting. If you would like, you may also
download a complete copy of the report for your evaluation.
TABLE OF CONTENTS
COMMENT FROM THE BOARD OF DIRECTORS
LICENSING COMMITTEE MEMBERSHIP
EXECUTIVE SUMMARY
RECOMMENDATIONS
HISTORICAL PERSPECTIVE
LICENSING IN OTHER STATES
LEGAL ASSISTANT/PARALEGAL LICENSING
AND DUE PROCESS RIGHTS
"GRANDFATHERING" OR "TRANSITIONING"
INTO A LICENSED LEGAL ASSISTANT MODEL
WRITTEN EXAMINATION OPTIONS
ADMISSIONS AND SWEARING-IN
CONTINUING LEGAL EDUCATION
DIRECT SUPERVISION VS. GENERAL SUPERVISION
EXPANDED DUTIES
APPENDICES
The board of directors of the Legal Assistant Division of the Utah State
Bar recognizes great diversity of membership opinion regarding the licensing
of legal assistants and does not render any opinion or recommendation
on the matter of whether or not to license legal assistants. The board
will, however, support any final decision of the Board of Bar Commissioners.
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Advisory Committee:
Robyn Dotterer, CLA
President LAAU
Dunn & Dunn
Kay Hanson, CLA-S
Chair-Elect, LAD
Counsel II Counsel
Peggi Lowden, CLA-S, Co-Chair
Chair, LAD
Strong & Hanni
Shelly A. Sisam, Co-Chair
Utah State Bar Office of Professional Conduct
Gregory G. Skordas, Esq.
Appointed by Bar President
Watkiss Dunning & Watkiss
Subcommittees:
Kathy Allman, CLA-S
Strong & Hanni
Danielle Davis
Bertch & Birch
Connie Howard
Mary Mark & Associates
Lucy A. Jackson
Watkiss, Dunning & Watkiss
Anne Milne, Esq.
Utah Legal Services
Kris S. Pace, CLA
LAAU NALA Liaison
Waddingham & Peterson
Glen Proctor
Strong & Hanni
Billy Walker, Esq.
Utah State Bar Office of Professional Conduct
Editing :
Sanda Kirkham, CLA
Larsen, Kikham & Turner
Peggi Lowden, CLA-S
Strong & Hanni
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CHARGE
This committee was charged with preparing a model for the licensing of
legal assistants to be considered for implementation. The Access to Justice
Task Force previously made the recommendation that, The Bar should explore
and, if appropriate, adopt licensure by the Bar of legal assistants, enabling
them to provide limited service and advice. (Task Force Report, p. 6.)
This report should not be considered an affirmation of support nor opposition
for licensing, as the LAD membership has not yet been polled to make that
determination.
FINDINGS
The recommendations of the Licensing Committee of the Legal Assistant
Division of the Utah State Bar are the result of much research over the
years by legal assistants/paralegals in the state of Utah, organizations
of legal assistants locally and nationwide, and lawyers within the state.
The eyes of the nation are watching Utah on this very important issue.
Our discussions with the ABA and other states shows that, to date, no
state has been completely successful on this issue, therefore, Utah would
be the leading authority looked upon for direction.
The Committee has determined that licensing is not a solution to the
Unauthorized Practice of Law. If anything, the issue of UPL may be greater
if licensing occurs without thorough review and education/training of
all effected persons.
Under our proposal, licensed legal assistants remain under the supervision
of a licensed attorney while their duties expand from "direct"
supervision to "general" supervision.
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