Those Pesky Little Rules!

When I began my career, very few (if any) states regulated the paralegal profession, and I remember the topic being somewhat controversial.  Now, over 20 years later, a growing number of states, including California, have some form of regulation for paralegals, and many view regulation as a beneficial thing for the profession.  (For a very useful overview, see Getting legal with paralegals: A look at state regulations (Durgin, Catherine R. 2007. Business Law Today 16 (3)).  In addition, last week’s The Paralegal Voice informative podcast addressed the issue of regulation, among other topics.) 
 

When I worked in Big Law, I didn’t have to think much about the state legal requirements for paralegals, because my employers did it for me.  My qualifications as regards education and experience were easy to verify. And the firms I worked for provided ample in-house MCLE seminars (mandatory continuing legal education, for those of you not in the industry), and encouraged us all to attend them.  Some firms kept track of my MCLE credits for me so that I didn’t even have to do the arithmetic - how sweet is that!  As a result, I rarely gave it a thought.
 

Now that I am self-employed as a contract paralegal for multiple attorneys and law firms, the weight of this responsibility falls on me a bit more heavily.  There is no one overseeing this for me; I’ve got to stay on top of it myself! 
 

Why is it so important?  I mean after all, nobody is really checking!  Well, my failure to keep my requirements up to date could have a very negative impact on my clients. 
 

This subject was highlighted in a recent MCLE I attended, co-sponsored by the Sonoma County Bar Association and the Redwood Empire Association of Paralegals, called “Paralegals 101.”  Among many other helpful reminders was a discussion of several recent California cases in which paralegal fees were either reduced or stricken altogether from fee recovery awards because the moving party failed to show that the paralegals whose fees were being sought were qualified under the relevant statute.  Obviously this means that if any client of mine hopes to recovery my fees some day, it is incumbent on me to make sure I have the required proof that I meet the education and law-related experience requirements, and that my MCLE credits are up to date.
 

In my experience, most attorneys don’t give much thought to whether their paralegals – be they employee or contractor – meet the requirements of Bus. & Prof. Code §6450.  But if one of my clients got her motion to recovery my fees denied because I was lacking in some respect, you had better believe that client would care then!

 

California Business & Professions Code §6450 et seq. defines the qualifications and requirements for anyone holding the title of paralegal or legal assistant, including education and/or experience qualifications, and mandatory continuing legal education requirements.  It prohibits a paralegal from providing legal advice, representing clients in court, or contracting with or being employed by anyone other than an attorney while performing legal services.