Vermont Paralegals Are Not Regulated
As noted in Washington’s New APR 28,
safeguarding the general public from incompetent legal assistance means requiring legal professionals to obtain and maintain certain education and experience. Currently, there are no regulations or mandatory standards in Vermont to become a
paralegal. While the VPO does require a
certain level of combined education and
experience in order to be a voting member
of its organization,3 one does not have to
become a VPO member to work as a paralegal in Vermont. Likewise, the VBA has
requirements that must be met before a
paralegal may become an associate member of the VBA but VBA membership is also
not a requirement to work as a paralegal.
Although paralegals are not required to
obtain certification in Vermont, voluntary
certification is available. The Paralegal Advanced Competency Examination (PACE) is
a national certification examination administered by the National Federation of Paralegal Associations. PACE was developed
by a professional testing firm in conjunction
with an independent task force of paralegals, lawyers, paralegal educators and legal advocates. It is administered by computer in a proctored testing facility, consists of two-hundred multiple-choice questions and must be completed in four hours.
The questions on PACE are not practice-area specific. They often involve hypothetical
scenarios that require advanced application of general legal knowledge, paralegal
experience, and critical analysis to identify
the correct answer. The exam is organized
into five domains: (1) administration of client legal matters (23%); (2) development of
client legal matters (30%); (3) factual and
legal research (22%); (4) factual and legal
writing (20.5%), and (5) office administration (4.5%). Ethics, technology, and legal
terminology are incorporated into each
domain.
Nine Vermont paralegals have voluntarily
taken PACE and have successfully obtained
their Registered Paralegal (RP®) designation. Other certification exams exist for
paralegals but because the VPO is affiliated with the National Federation of Paralegal Associations, most Vermont paralegals who have decided to seek certification
have done so by passing PACE.
Many other Vermont paralegals are certificated, meaning they have completed
www.vtbar.org
and passed a certificate or degree program
in paralegal studies.
Paralegals and Equal Access to Civil
Justice
Through their website the VPO receives
approximately two requests per month
from people in need of legal assistance.
These requests range from preparing Family Division forms to legal research. To do
such tasks, Vermont paralegals are required to have attorney supervision or they
risk engaging in the unauthorized practice
of law. A question from a potential client as
seemingly innocuous as, “should I sign and
return this form?” is problematic for a paralegal. Answering such a question could be
considered legal advice and the unauthorized practice of law. In every instance for
direct legal assistance, the VPO must respectfully decline and point the individual
to another resource. If Vermont adopts limited legal licensure, paralegals will be able
to provide limited direct legal assistance.
Vermont paralegals also volunteer at free
legal clinics in both Chittenden and Washington Counties. In Chittenden County,
Women Helping Battered Women offers
free legal clinics every Monday night. In
Washington County, a clinic is being run
through the collaborative efforts of the
VPO, the firm of Primmer Piper Eggleston
& Cramer, and a non-profit group called
Circle (formerly known as Battered Women’s Service and Shelter). In addition, Burlington College holds free legal clinics on
Saturday mornings as part of its Paralegal
Certificate Program under the supervision
of Attorney Sandy Baird. These clinics are
invaluable, but their resources are limited,
the need for services is great, and they offer no assistance outside the clinic setting.
The primary role of the paralegals in
these clinics is legal triage. Paralegals interview the service users to determine
their needs and the scope of assistance
required. This helps to better prepare the
attorneys and saves time. The paralegals
also prepare necessary forms for attorney
review and help to determine if there are
other area resources that may be available. Paralegals with limited licensure status could contribute significantly more in
needed legal services and the demand for
attorney involvement could be directed to
the more complex matters.
Paralegals: A Valuable Resource
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