Paralegal regulation
The Florida Bar has approved a recommendation to the Florida Supreme Court to create a new rule regulating paralegals in the state of Florida. The proposed rule, Chapter 20, would establish a Florida Registered Paralegal Program, a two-tiered system. A Florida Registered Paralegal would have certification, meeting certain educational requirements.
The Florida Bar will file the proposed rule with the Florida Supreme Court around August 15, 2006. The full hearing transcript of the Florida Bar Special Committee to Study Paralegal Regulation can be read here.
posted by Ohio Legal Researchers @ 1:50 PM
4 comments
4 Comments:
On June 15, 2006, the South Florida Paralegal Association (SFPA) held a special meeting of its members to discuss the important issue relating to the Florida Bar’s proposed Florida Registered Paralegal Program, which the Bar will soon be submitting to the Florida Supreme Court for their approval. After lengthy discussions on whether to support the current proposal as approved by the Florida Bar's Board of Governors on June 2, 2006, the membership overwhelmingly voted that the Florida Bar should NOT be involved in administering the proposed program and in fact voted to voice its concerns and to actively advocate against the implementation of this proposal by the Florida Bar when this issue is scheduled for public comment before the Supreme Court. This vote was primarily focused on three key issues: (1) the conceptual issue of Florida Bar’s current and future control and direction over the paralegal profession - the entity whose members employ our profession, a clear conflict of interest; (2) the lack of representation by paralegals in administration and implementation of the proposal; and (3) the various conflicts that exist in the ethical and educational standards outlined in the proposal.
Think about it.....It is not so much the conceptual issue of voluntary regulation as it is who is implementing the proposal. The Florida Bar is a self-regulating body for attorneys. For them to regulate another profession, particularly paralegals, is a clear conflict of interest and it is even unclear as to whether the Bar has the authority to regulate any outside profession. In the real world, it would be like the developers regulating the construction workers or the doctors regulating the nurse. I am sure you can envision the various negative scenarios that would come to light, particularly from the naturally created employer/employee relationship. It cannot be done without the inference as to whom is best served, which is in essence, the definition of a conflict and clearly not in the best interest of the public or our profession.
No other separate legal-related professions (e.g. mediators, arbitrators, court reporters, process servers, investigators, etc.) are regulated by the Florida Bar. There is a reason for this. Placing the Bar in authoritative power over these professions, as well as the paralegal profession, would be self-serving and serves no one but the Florida Bar. Looking deeply into the proposal and the historical avenues taken in coming up with this, one can see that it was out of necessity that the Florida Bar came up with this solution, not with the betterment of our profession at heart.
Ask yourself this question - If it were in the best interest of the paralegal profession and the public to have mandatory guidelines for all paralegals, would the Bar vote in favor of this implementation? History would indicate no and it is clear from the language of the proposal that this would never happen. This is an issue of control and not one of which would best serve the profession or the public. Should this proposal be approved, it would be up to the Florida Bar and no one else - no paralegals, no public interest - as to the future direction of our profession. The profession is very limited in their involvement in the processes under the proposal and in essence, the direction of our profession is out of our control. Once we open that door and become part of the Florida Bar, there is no turning back.
One needs only look to one simple line of the proposal to see who is being served by this proposal "It is the obligation of the Florida Registered Paralegal to avoid conduct that would cause the lawyer to be unethical or even appear to be unethical, and LOYALTY TO THE LAWYER IS INCUMBENT UPON THE FLORIDA REGISTERED PARALEGAL" (emphasis added). You decide who is served by this proposal. The members present at the 6/15 meeting did and SFPA will be the voice of its members at the Supreme Court when the issue comes up for public comments.
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I support SFPA efforts. Their objections will hopefully be listened to. I'm a certified paralegal in Florida. I've been following the legislation since 1999, and would like to see the registered paralegal law enacted, but with the changes requested by SFPA.
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