Looking into persuing paralegal degree.. lots of questions

DLP, Denver said: Your earlier comments say otherwise, and you know they do.

No, I don't know that they do. If my past posts indicate otherwise, let me set the record straight for the 3rd time: I am impartial to whether a paralegal job candidate graduated from an ABA-approved or non ABA-approved program. I prefer to look at other factors.

DLP, Denver said: Just consider that you opened the door with that remark.

I didn't open the door; you did. This conversation was over. I had the last word. You then started digging up posts from the past in an effort to reignite this unfruitful dialog. Why? Why do that? Here's my challenge to you: don't respond. Don't respond to this post. Just let it go. Let the argument die. In fact, no one respond to this message. Let's move forward; not backward.

DLP, Denver said: Too bad you feel that way. In the meantime, you need to learn more about attorney supervision of paralegals.

Noted.

Displaced Legal Professional in Denver, Colorado said: I gotta question for you, H-T- in Miami, Florida. Which resume format do you prefer?

That's a good question. For me, I prefer that resumes are chronologically ordered and divided into Education, Work History, and Accomplishments/Associations/Certifications etc. No more than one page in length. A cover letter is also a must--again, no more than one page in length. Keep it brief and simple. If I like someone's resume, I'll either request an expanded CV or an interview.

H-T- in Miami, Florida said: Just to get clear: it sounds like you are saying that neither the client nor the attorney can seek damages against an independent paralegal should a negative outcome be the direct result of the independent paralegal's negligence. Is this what you are trying to say? If so, you may want to reconsider.

Show me the case law where a client or attorney has successfully sued an independent paralegal in Florida for "negligence". When a client hires the attorney, the fiduciary relationship is between the client and the attorney. The paralegal is bound by ethics, etc. under the supervision of an attorney, but it is the attorney who bears the ultimate responsibility to the client. And, even if they were to sue the paralegal.. just what would they get out of it? Paralegals do not carry liability or malpractice insurance and most sure as heck are not on the same economic status as attorneys. So what would the client/attorney have but a judgment that probably wouldn't be worth the paper it's printed on.

Btw, the FRP Standing Committee has held that independent paralegals do not qualify to become FRPs. I know several independent paralegals who have tried and been denied. So, if you are contracting work with independent paralegals who have the FRP designation... someone has misstated the facts to someone somewhere.

Jane Do Girl in Pensacola, Florida said: Btw, the FRP Standing Committee has held that independent paralegals do not qualify to become FRPs. I know several independent paralegals who have tried and been denied. So, if you are contracting work with independent paralegals who have the FRP designation... someone has misstated the facts to someone somewhere.

Independent paralegals are independent, but they are not autonomous in their work. Though they work for themselves, they are still under the direction of an attorney when performing legal assisting duties. And, yes, they may still be registered with the Florida Board.

As for the independent paralegals you know, there are several reasons they may have been denied: lack of experience, past disciplinary action (including resigning in lieu of disciplinary action), not meeting the minimum requirements, or even not functioning primarily as a paralegal. A lot of independent paralegals perform legal assisting jobs on the side, but may hold a full time job, or business, in another profession. These people may not become FRPs. Legal assisting has to be your primary job, regardless of whether you work for a an attorney or for yourself.

My point is this: there is another reason why they were not accepted.

DLP said: Thank you. Does your response mean you refuse to entertain functional resumes?

I accept functional resumes; however, I still want to see the dates of employment for each company listed. If interested in a candidate, I will call and ask for those dates before inviting them to an interview.

HT - All the things you listed do not apply to the independent paralegals I know who were denied. They were specifically told that independent paralegals did not qualify for FRP registration. Do you sit on the FRP Standing Committee?

And, I'm well aware that independent paralegals are not autonomous in their work. ALL paralegals must work under the supervision of a Florida licensed attorney, to do otherwise is UPL.

Lastly, we do not perform 'legal assisting' duties. Paralegals perform specifically delegated substantive legal work for which an attorney is responsible for. Please note the distinction, as the title 'legal assistant' has been hijacked by other non-paralegal support staff.

From the FL Bar website FRP section:

Q: I am an independent paralegal. I provide services to attorneys and to the public. May I register as a Florida Registered Paralegal?

A: No, you may not register as a Florida Registered Paralegal. In addition, you may not use the title paralegal in providing services directly to the public. Doing so constitutes the unlicensed practice of law.

Q: I am not currently working as a paralegal. Can I still register as a Florida Registered Paralegal?

A: No, in order to be registered as a Florida Registered Paralegal you must currently be working as a paralegal for a member of The Florida Bar, primarily performing paralegal duties.

JDG in Pensacola, Fla said: HT - All the things you listed do not apply to the independent paralegals I know who were denied. They were specifically told...

This is opposite of what I was told; nevertheless, I will look into it.

JDG in Pensacola, Fla said: Lastly, we do not perform 'legal assisting' duties... Please note the distinction, as the title 'legal assistant' has been hijacked by other non-paralegal support staff.

I still use the term legal assistant synonymously with paralegal; however, I'm certainly aware of others hijacking the title. I've even proposed they stick with the term "attorney's assistant" as not to confuse themselves with paralegals.

Jane Do Girl in Pensacola, Florida said:
From the FL Bar website FRP section:

Q: I am an independent paralegal. I provide services to attorneys and to the public. May I register as a FRP?

A: No...

Perhaps I stand corrected. I will call the Florida Bar on Monday to discuss this with them. While I agree that paralegals shouldn't work with the public, I want to be very clear that as long as independent paralegals with sufficient experience are working under attorneys, they should be permitted to be keep their status as a registered paralegal. The key word is 'keep' considering that they earned their registration status during employment. I will still continue to outsource to FRP's, even if their status is pulled simply due to becoming independent.

Thanks the comments,
H.T.

DLP said: Fair response. Thank you. So do you use dates of employment as a tool or excuse to reject candidates who are otherwise well qualified for your law firm?

That's a good question, DLP. I do use employment dates to look for patterns of 'job hopping.' There are plenty of great paralegals who just don't seem to be able to stay in one place very long. And while I don't doubt their skills or ability, I do worry that their trend of job hopping won't end with me.

DLP said: Do you use dates of employment as a tool, reason or excuse to reject well qualified paralegals with otherwise stable employment records?

I use dates of employment as a tool of evaluation. I do not use non-falsified dates of employment as a reason or excuse to reject potential hires with otherwise stable employment records.

On the subject of the terms 'paralegal' and 'legal assistant'; they used to be synonymous but the legal administrators started using 'legal assistant' in the late 90s to designate other support staff when it became fashionable to give all employees a politically correct job title. They were bemoaning the dearth of qualified legal secretaries and thought, "hey, let's call them 'legal assistants', maybe that will make them feel valued." This hijacking of the title has caused too much confusion and paralegals nation-wide have largely abandoned the term because of it.

NALA has re-named its certification exams and largely dropped the use of the term 'legal assistant' from its literature, and a good number of regional and state paralegal associations changed their names from xyz legal assistant association to xyz paralegal association. The schools have also largely trended away from use of the term and now offer programs in 'paralegal studies' as opposed to 'legal assisting'. The Florida Bar specifically defines the title 'paralegal' and sets forth who may and may not use it.

My current firm is very 'old school' and they refer to most all employees here as "my legal assistant". I am polite but firm that my title is 'paralegal' and that is what is on my e-mail signature line, business cards, and all correspondence sent under my name.

I had completed and received my paralegal degree back in 1998 in the state of Pennsylvania and never worked as a paralegal due to my relocation in another country. I am moving back to the US and would like to know if I need to be re-certified in order for my degree to be valid? Or am I still considered certified?
thanks so much

You're saying you were "certified" as a paralegal? Who certified you?

I'll give you an answer. You don't need to be re-certified.

You could come back and start applying for paralegal jobs and work one if hired. The problem is that you've never worked as a paralegal, and it's been 13 years since you got your degree. There are lots of people out there looking for paralegal jobs, which are very scarce. I'm not going to say you shouldn't try to get a paralegal job here, but you're going to find it to be an uphill battle with no experience and that much time elapsed since getting your degree.

I'd check job boards to get an idea of the job situation. People without experience and with lots of experience are having trouble getting paralegal jobs. Some of these jobs have gone away in the recession and have not come back.

Good luck.

venetia in Athens, Greece said: I had completed and received my paralegal degree back in 1998 in the state of Pennsylvania and never worked as a paralegal due to my relocation in another country. I am moving back to the US and would like to know if I need to be re-certified in order for my degree to be valid? Or am I still considered certified?
thanks so much

If your degree is from an accredited university, then it will more than suffice. However, you might want to enroll in some continuing legal education courses, to refresh where you left off.