Paralegal



SEQ CHAPTER \h \r 1AGENDA TOPIC NO. 72015 ANNUAL MEETINGHonolulu, HawaiiSubmitted by: Lisa Lynch, CRPTM, NFPA PrimaryCynthia Minchillo, RP?, NFPA SecondaryAssociation: Dallas Area Paralegal Association (DAPA)Co- Sponsors:Arkansas Paralegal Association (ArPA)Georgia Paralegal Association (GAP)Hawaii Paralegal Association (HPA)Kansas Paralegal Association (KPA)Minnesota Paralegal Association (MPA)Paralegal Association of Northern Virginia (PANV)Rocky Mountain Paralegal Association (RMPA)Ann Price Hodges, RP? (PANV)Kelli Smith, CRPTM (DAPA)Topic:Expanding the Eligibility Requirements to Sit for PACE? to Include Eligibility through having held a CRP? credential for 2 years or more and having met certain additional requirementsDescription:Currently the Eligibility Requirements to sit for the PACE? include the following years of work experience and education:?An associate’s degree in paralegal studies obtained from an institutionally accredited school, and/or ABA approved paralegal education program; and six (6) years substantive paralegal experience; OR?A bachelor's degree in any course of study obtained from an institutionally accredited school and three (3) years of substantive paralegal experience; OR?A bachelor's degree and completion of a paralegal program with an institutionally accredited school, said paralegal program may be embodied in a bachelor's degree; and two (2) years substantive paralegal experience; OR?Four (4) years substantive paralegal experience on or before December 31, 2000.The Sponsors and Co-Sponsors of this Agenda Topic are of the opinion that eligibility requirements should be expanded to include, inter alia, the holding of a CRP? credential for more than two (2) years with at least one successful renewal, with six (6) years of substantive paralegal experience.History:At the time the PACE? was implemented, the PCCE? was not in existence. It was later intended for PCCE to be developed as a precursor to PACE?. Current Situation:Currently, there are paralegals that have worked in the legal field for many years, who have studied for and passed the PCCE? exam, and who would never be able to sit for the PACE? exam if conditions do not change.Pros:Fulfilling its Initial Purpose. The proposed resolution to expand the eligibility requirements would finally allow the PCCETM to fulfill what its developers envisioned as one of the purposes of this exam – to provide a pathway to the PACE? exam for those who have worked long years in the profession and taken and passed the PCCETM, but currently are not eligible to take PACE?.In addition, expanding the eligibility requirements would provide and/or improve:Expanded Access to Legal Services. Broadening eligibility requirements serves the community as a whole by increasing access to legal services via more highly qualified paralegals. NFPA Financial Condition. The new requirements would likely create a pathway for the PACE? eligibility by motivating more qualified paralegals not only to sit for the CRP? exam, but also offer an alternative approach for taking the PACE?, thus generating additional revenue in both RP? and CRP? fees (e.g. exam fees, study groups, etc.). Status of Paralegals in the Legal Community. It also enhances the image of our profession in the legal community, sending the message that we all strive to improve ourselves.Simplification of the Procedure. It could simplify and streamline the procedure of determining eligibility for a CRPTM, without necessitating the involvement of a Request for Exception by the Paralegal Certification Standards Committee (PCSC); thus, creating a time savings for the PCSC volunteers.Status for the CRP? Credential. If the CRP? were to be leveraged in this manner with the RP?, it has the potential to help raise the profile of the CRP? and to provide the credential with additional publicity.? Creates a Clear Path for Licensing?-?If there is ever legislation creating a step-ladder licensing for paralegals (similar to electricians, etc.) this testing scheme could be used as a model.Cons:NoneFinancial Cost:Costs for updating PACE? materials to show new criteria, which could be off-set by future income from PCCETM exam fees.Number of Volunteers and Estimated Hours Needed: Vice President & Director of Paralegal Certification, NFPA Paralegal Certification Coordinators and PACE? Standards Committee will need to work together to update all PACE? information. Estimated hours: 4.0Possible Legal Implications:NoneHave you reviewed NFPA’s Bylaws, Policy Manual and/or Procedures Manual to determine if there are any conflicts? Yes FORMCHECKBOX No FORMCHECKBOX If yes, please provide details.There are no apparent conflicts to the proposed resolution to expand the qualifications to sit for the PACE exam. RESOLUTION 15-_____:WHEREAS, NFPA has a history of being the national leader for the paralegal community and a has strong commitment to advancing the paralegal profession; and WHEREAS, NFPA has previously developed the RP? and CRP? credentials to designate mastery of certain levels of paralegal knowledge, acumen and skills; and WHEREAS, one of the reasons that NFPA initially developed the PCCE? exam was to create another pathway to PACE? eligibility for those who would otherwise never be able to take the exam; andWHEREAS, the CRP? exam is being marketed as an exit exam for two-year paralegal programs and should be comparable to the two year paralegal degree, thereby requiring the same six years of experience as a two-year degree. NOW THEREFORE, BE IT RESOLVED, that the eligibility requirements for PACE? shall be expanded to include the following criteria: passing and holding the CRP? credential for two (2) or more years with a successful renewal, remaining a CRP? in good standing, and including at least six (6) years of substantive paralegal experience.Related Prior Resolutions:RESOLUTION 94-M11 WHEREAS the National Federation of Paralegal Associations ("NFPA") endorses, as stated in NFPA's regulation policy, the implementation of regulation to establish standards for all paralegals on a state-by-state basis insofar as its implementation is consistent with the NFPA Mission Statement and expands the utilization of paralegals to deliver cost-efficient legal services as determined by NFPA member associations in the affected jurisdictions; and WHEREAS NFPA currently does not have the authority to implement mandatory licensing; and WHEREAS it is the desire of NFPA to establish a two-tiered proficiency-based testing program to enhance the growth and development of the paralegal profession; and WHEREAS NFPA has determined the criteria for establishing and implementing such a test. NOW, THEREFORE, BE IT RESOLVED that the National Federation of Paralegal Associations ("NFPA") shall establish an advanced two-tiered proficiency-based test (the "Test") for the paralegal profession; and FURTHER RESOLVED that the taking of the Test shall be voluntary; and FURTHER RESOLVED that the First Tier of the testing program shall include general (not specific to practice areas), ethics, and state-specific sections; and the Second Tier of the testing program shall consist of testing in areas of specialization; and FURTHER RESOLVED that the First Tier must be taken prior to, or in conjunction with, the Second Tier; and FURTHER RESOLVED that the following criteria shall be met in order to be eligible to take the Test; 1. Education (a) A bachelor's degree; AND (b) Completion of a paralegal program with an institutionally accredited school. Said paralegal program may be embodies in a Bachelor's degree. 2. Work Experience (a) First Tier - 2 years’ work experience as a paralegal. (b) Second Tier - 4 years’ work experience as a paralegal. FURTHER RESOLVED that grandparenting provisions shall apply as follows: 1. First Tier - the above education criteria may be waived for paralegals with a minimum of three years' work experience as a paralegal; and 2. Second Tier - the above education criteria may be waived for paralegals with a minimum of five years' work experience as a paralegal. To qualify for the grandparenting provisions, a paralegal must make application to take the Test within one (1) year following the date the Test is activated. The time period within which one must commence taking the Test shall be determined at a later date. FURTHER RESOLVED that a committee comprised of paralegals, attorneys, paralegals educations who are not attorneys, an members of the general public shall be established to develop the Test in conjunction with a professional testing company; and FURTHER RESOLVED that NFPA shall retain ownership of the Test; and FURTHER RESOLVED that the Test shall be administered by an independent entity for a fee; and FURTHER RESOLVED that NFPA shall establish a foundation to receive the net income generated from the administration of the Test and the funds shall be utilized exclusively for the expansion of the paralegal profession. RESOLUTION 97-2 GRANDPARENTING WHEREAS, NFPA has determined that a grandparenting period shall apply in order to accommodate practicing paralegals who wish to take the Paralegal Advanced Competency Examination (hereinafter "PACE") but do not meet the education requirements; and WHEREAS, NFPA set this grandparenting period at three years from the date PACE became available to be taken; and WHEREAS, NFPA began offering PACE in June, 1996 but, due to circumstances beyond the control of NFPA, the Study Manual was not available at that time for purchase by those desiring to apply to take PACE; and WHEREAS, NFPA, as a result, was not able to complete the preliminary work needed to have PACE completely operational within a reasonable time of the June, 1996 initiation of PACE; and WHEREAS, NFPA seeks to extend complete fairness to those individuals who may be affected by the grandparenting time period. NOW, THEREFORE, BE IT RESOLVED, that NFPA hereby extends the grandparenting period for taking PACE to December 31, 2000, in order to give those persons so affected the full courtesy of time originally intended when PACE was adopted. RESOLUTION 03-3 PACEWHEREAS, in recognition that the NFPA is a dynamic grass roots member driven organization dedicated to expanding the role of all paralegals in their diversity; andWHEREAS, NFPA prefers a four (4) year degree, andWHEREAS, the NFPA recognizes two (2) year institutionally accredited and/or ABA approved paralegal educational programs as valid and indeed has worked hard to encourage minimum standards and core competencies and to advance quality paralegal education standards and programs; andWHEREAS, in recognition of NFPA's commitment to the psychometrically designed testing instrument to the level of a Bachelor's Degree plus experience; andWHEREAS, in recognition of the value of experientially based education in addition to a two (2) year paralegal degree.NOW THEREFORE, BE IT RESOLVED, that an Alternative Experiential Minimum Criteria in addition to a two (2) year institutionally accredited and/or ABA approved paralegal studies requirement as an option in lieu of a Bachelor's Degree be offered; and that the following criteria shall be met in order to be eligible to take PACE:1. Education:a) An Associate’s Degree in Paralegal Studies obtained from an institutionally accredited and/or ABA approved Paralegal Education Program; and b) Six (6) years substantive paralegal experience;ORc) A Bachelor's Degree in any course of study from an institutionally accredited school and three (3) years of substantive paralegal experience;ORd) A Bachelor's Degree and completion of a paralegal program with an institutionally accredited school, said paralegal program may be embodied in a Bachelor's Degree; and e) two (2) years substantive paralegal experience.The Grandparent clause shall remain in its current form for those who do not meet the educational criteria, but had four (4) years paralegal experience on or before December 31, 2000.All other provisions contained in previous resolutions shall remain in full force and effect. RESOLUTION 09-03WHEREAS, the National Federation of Paralegal Associations (NFPA?) endorses, as stated in NFPA?’s regulation policy, the implementation of regulation to establish standards for all paralegals on a state-by-state basis insofar as its implementation is consistent with the NFPA? Mission Statement and expands the utilization of paralegals to deliver cost efficient services as determined by NFPA? member associations in the affected jurisdictions; and,WHEREAS, NFPA? currently does not have the authority to implement mandatory certification of paralegals; and,WHEREAS, Resolution No. 08-08 charged the Committee with presenting a resolution at the policy meeting in 2009; and,WHEREAS, it is the desire of NFPA? to establish a basic proficiency- testing program to enhance the growth and development of the paralegal profession; and,WHEREAS, NFPA? has determined the advisability of creating criteria for establishing and implementing such a test,NOW, THEREFORE, BE IT RESOLVED that the National Federation of Paralegal Associations (NFPA?) shall establish, develop and implement a basic proficiency test (the “Test”) for the paralegal profession; and,FURTHER RESOLVED, that the taking of the Test shall be voluntary; and,FURTHER RESOLVED, that the testing program shall not be either state specific nor practice area specific, and, further, that it shall include ethics; and,FURTHER RESOLVED, that the NFPA? Board shall be authorized to implement new, or modify existing, procedures, as they relate to this agenda topic; and,FURTHER RESOLVED, that this project shall continue to be under the direct supervision of the Vice President and Director of PACE; and,FURTHER RESOLVED, that the existing Committee, under the auspices of the NFPA Board, shall be authorized to develop and implement the Test in conjunction with Professional Examination Services [PES]. In the event all current Committee members are unable to participate, the Vice President Director of PACE? shall be authorized to appoint replacement members, subject only to Board approval; and,FURTHER RESOLVED, that NFPA? shall retain ownership of the test; and,FURTHER RESOLVED, that the Test shall be administered by PES for a fee. ................
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