ASKTHE LISTSERV
The Paralegal Today Listserv is a free e-mail discussion group for all members of the
paralegal profession. It’s an independent, international e-mail listserv that provides
paralegals with the opportunity to network, ask profession-related questions and discover
the issues that other paralegals face on a daily basis. This column includes a small sample
of the detailed and helpful conversations that regularly occur in this forum.
www.ParalegalToday.com Q4 - 2017 7
Contemplating Regulation
of Paralegals
It doesn’t make sense to regulate paralegals
who work under the direction of a supervising
attorney because the lawyer would be
responsible for the work and actions of
the paralegal. It would make more sense
to me if regulations of any sort, probably
a certification, would be required only for
independent paralegals. What do you think?
Answer 1: There is a difference between
licensing and regulation. California has
specific statutes dealing with who may
call themselves a paralegal, thus a form of
regulation. Paralegals in California must
meet the qualifications and keep up with CLE
requirements, particularly those working in
firms that may be entitled to collection of
their fees in certain cases.
Regulation means standards for the
paralegal profession, which may someday
persuade the Department of Labor to
recognize paralegals as professional
employees, thereby making us exempt
employees under the Fair Labor and
Standards Act. I think this is important, as
professionals are generally exempt and are
paid for their education, experience, and
skills — the majority of in-house paralegals
are exempt. Recognition as a profession by
the DOL means other legal professionals will
treat us more equally.
Answer 2: Being exempt would take some
of the pressure off billable hours. There are
some hourly paid paralegals whose firms do
not let them take paid time to participate
in volunteer work, paralegal association
activities, or attend CLE seminars – they
have to do those things on their own time. I
was lucky when I worked as a paralegal that
I was encouraged to participate in all of
these activities. I came and went as I wished,
had allowances for billable and non-billable
hours, and never felt pressure to do anything
but my best. My firm totally supported
whatever I wanted to do, knowing that the
more I spread my wings personally, the better
and more knowledgeable employee I would
be for them.
Answer 3: Being declared “exempt”
from FLSA over-time regulations will not
necessarily lead to “other legal professionals”
treating paralegals “more equally.” There
is no logical correlation between the two.
Being treated with professional respect
is dependent on 1) factors that you –as
a professional – control yourself; and 2)
factors that others – supervisors, “other
legal professionals” etc. – control. Paralegals
who think they are not being treated with
the professional respect they deserve should
evaluate 1) whether there are things they are
doing/not doing that are causing them to not
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