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Paralegal Regulation by StateUpdated August 2017NFPA Regulation Review CommitteeMaren Joyce Schroeder, MBA, RP , MnCP; Coordinator
2Table of ContentsTable of Contents . 2Regulation by State . 3Alabama .3Alaska.3Arizona .4Arkansas .4California .4Colorado .6Connecticut .7Delaware .8District of Columbia .8Florida .8Georgia. 10Hawaii . 10Idaho . 11Illinois. 11Indiana . 11Iowa . 12Kansas . 12Kentucky . 13Louisiana . 13Maine . 14Maryland . 15Massachusetts . 15Michigan . 15Minnesota . 16Mississippi . 17Missouri . 17Montana. 17Nebraska . 19Nevada . 19New Hampshire . 19New Jersey . 20New Mexico. 21New York . 22North Carolina . 23North Dakota . 24Ohio . 24Oklahoma . 25Oregon . 25Pennsylvania . 27Rhode Island . 27South Carolina . 27South Dakota . 28Tennessee . 30Texas . 30Utah . 31Vermont . 31Virginia . 32Washington . 32West Virginia . 35Wisconsin . 35Wyoming . 37Committee Members . 37Revision History. 37Citations . 38
3Regulation by StateStateAlabamaRegionIIIAlaskaIDefinitionAlabama Rule of Professional Conduct 5.3incorporates the standard ABA model code forResponsibilities Regarding Nonlawyer Assistants. Itrequires that lawyers supervise and instruct theiremployees and that they accept responsibility for theprofessional actions of their employees. However, itrequires no educational or certification process forparalegals. Therefore, aspiring paralegals may pursueemployment by completing educational coursework,such as a certificate program, an associate’s degree ora bachelor’s degree, or by finding an employer whoprovides on-the-job training.1 The 1975 Code ofAlabama 6-5-572: Refers to paralegals/legalassistants/legal secretaries in the context ofemployment by an attorney. Specifically, it states thata legal service provider is anyone licensed or engagedto practice law in the state.2 Additionally, Rule 7.6Professional Cards of Nonlawyers specifically statesinformation must clearly define the role of nonlawyeras “Legal Assistant.” Comments section includesparalegals specifically, among others.3Restyled in April 2009 under Supreme Court Order1680 (SCO 1680) Alaska Rule of Professional Conduct5.3 Responsibilities Regarding Nonlawyer Assistants:Changed reference in comment from“paraprofessionals” to “paralegals” as one type ofnonlawyer supervised by attorneys (See comment [1]).The rule states that lawyers must directly supervisetheir assistants and are responsible for theirassistants’ conduct.4Type of RegulationNoneHistory2017: No update (Erin Melville)2016: No update.(Mary Ann Myskiw-Jones)None2017: No update (Mariela Cawthon)2016: No Update2015: The University of Alaska at Anchorage offers ABA-approvedprograms for Associate, Bachelor, and Post-Baccalaureate degrees inlegal studies. It is not uncommon for employers to require theirparalegals to have one of these degrees and/or certification with NFPA,NALA, or NALS, but so far there is no state-wide requirement orlicensing. Sarah Ovsak, President Alaska Association of Paralegals.2011: Alaska Association of Paralegals solicited support from FairbanksLegal Assistant Association for their voluntary Alaska RegisteredParalegal program through the Alaska Bar Rules. Proposal waspresented to the Alaska Bar Association in September 2011, but noadditional information was provided as to the outcome of the proposal
4StateRegionDefinitionType of RegulationArizonaIArizona Rules of Professional Conduct 5.3 incorporatesthe standard ABA model code for ResponsibilitiesRegarding Nonlawyer Assistants.5 C. "Legalassistant/paralegal" means a person qualified byeducation and training who performs substantive legalwork requiring a sufficient knowledge of and expertisein legal concepts and procedures, who is supervised byan active member of the State Bar of Arizona, and forwhom an active member of the state bar isresponsible, unless otherwise authorized by supremecourt rule.Certification of Legal Document Preparers.7ArkansasIICaliforniaIRule 31 of Rules of the Supreme Court of Arizona, V.Regulation of the Practice of Law6Arkansas Rule of Professional Conduct 5.3incorporates the standard ABA model code forResponsibilities Regarding Nonlawyer Assistants.10California Business and Professions Code Section6456-6456: "Paralegal" means a person who holdshimself or herself out to be a paralegal, who isqualified by education, training, or work experience,who either contracts with or is employed by anattorney, law firm, corporation, governmental agency,or other entity, and who performs substantial legalwork under the direction and supervision of an activemember of the State Bar of California, as defined inSection 6060, or an attorney practicing law in theNoneDocument Assistants And UnlawfulDetainer Assistants under CA Business &Professions Code 6400 et seq.History(styled as Paralegal Regulation Rule 44-2). Proposal was for voluntaryAlaska Registered Paralegal through Alaska Bar Rules (overseen by AKSupreme Court).2017: No update found.2016: No update found.Arizona Code of Judicial Administration Section 7-208 – Legal DocumentPreparer82005: Effective July 1, 2005, Legal Document Preparers must complete10 hours of CLE annually. Effective July 1, 2006, LDP must take anexamination.92003: Supreme Court of Arizona adopted § 7-208 of the Arizona Codeof Judicial Administration regarding "Legal Document Preparers"effective July 1, 2003. This code requires anyone preparing legalpaperwork without an attorney’s supervision must be certified as alegal document preparer. Legal document preparers can providegeneral legal information but can’t give legal advice.2017: No update (Erin Melville)2016: No update. (Mary Swift)2015: In 2011, the Arkansas Bar Association created the ParalegalCommittee to “promote the utilization of paralegals in the Arkansaslegal community. The Committee will be responsible for the educationof the members of the Association and development of guidelines forthe utilization of paralegals in legal service.” According to Arkansasparalegal sources, Arkansas paralegal associations work closely withthis committee.112017: In December 2016 CAPA (California Alliance of ParalegalAssociations) announced it will offer a stand alone state specificcertification exam at its Leadership Conference in November 2017. Thedesignation will be California Certified Paralegal or CCP.California Assembly Bill 638 was introduced that would allow paralegalsto appear in immigration proceedings under an attorney’s supervision.It was passed by the House on 5/31/2017 and is in the SenateAppropriations Committee as of 8/21/2017. (mjs)
5StateRegionDefinitionfederal courts of this state, that has been specificallydelegated by the attorney to him or her. Tasksperformed by a paralegal include, but are not limitedto, case planning, development, and management;legal research; interviewing clients; fact gathering andretrieving information; drafting and analyzing legaldocuments; collecting, compiling, and utilizingtechnical information to make an independentdecision and recommendation to the supervisingattorney; and representing clients before a state orfederal administrative agency if that representation ispermitted by statute, court rule, or administrative ruleor regulation.(d) Every two years, commencing January 1, 2007, anyperson that is working as a paralegal shall be requiredto certify completion of four hours of mandatorycontinuing legal education in legal ethics and fourhours of mandatory continuing legal education ineither general law or in an area of specialized law. Allcontinuing legal education courses shall meet therequirements of Section 6070. Certification of thesecontinuing education requirements shall be made withthe paralegal's supervising attorney. The paralegalshall be responsible for keeping a record of theparalegal's certifications.12Type of RegulationHistory2016: The 2015 Report and Recommendations for Closing the JusticeGap including studying the design of a pilot program, in one subjectmatter, for a LLLT type program. The recommendations also includedeveloping and piloting a court navigator program to provide volunteerassistance to pro se litigants.132014: Work of Civil Justice Strategies Task Force continues withpreparation of action plan underway in October / November 2014November 2013: State Bar Board of Trustees approves creation of theCivil Justice Strategies Task Force, tasked to analyze the reasons for theexisting “justice gap,” to evaluate the role of the legal profession inaddressing the crisis, to seek the input of groups who have beenworking to expand access to justice to understand what efforts haveworked and which have not been successful, to study creative solutionsbeing considered in other states and other countries, and to develop anaction plan with recommendations for steps that should be taken to fillthe justice gap and achieve true access to justice in California.14March 2013: The Limited License Working Group was created on as asubcommittee of the Board Committee on Regulation, Admissions andDiscipline Oversight (RAD), with the charge to explore, research andreport back to the RAD Committee regarding the feasibility ofdeveloping and implementing standards for creating a limited license topractice law and/or the licensing of legal technicians.152001: The California Business and Professions Code defines andregulates “Legal document assistant” and “Unlawful detainerassistant”.16Definition of Legal Document Assistant does not apply to paralegalsprovided that the paralegal does not also perform the duties of a legaldocument assistant. Legal document assistants must be registered inthe county in which they provide services.17Paralegals are regulated by statute under CA Business & ProfessionsCode 6450 et. seq. requiring mandatory compliance with educationalstandards, and continuing education.1993: Assembly Bill 1287 proposing to register legal technicians (anynonlawyer who holds himself or herself out to the public as a legaltechnician, or any nonlawyer who offers to provide or who provides
6StateRegionDefinitionType of RegulationHistorylegal information and assistance service directly to consumers forcompensation or who offers self-help legal services.ColoradoIIAmended and Restated Bylaws of the Rocky MountainParalegal Association: A Paralegal is a person qualifiedthrough education, training or work experience toperform substantive legal work that requiresknowledge of legal concepts and is customarily, butnot exclusively, performed by a lawyer. This qualifiedperson may be retained or employed in a traditionalcapacity by a lawyer, law office, governmental agency,or other entity or is authorized by administrative,statutory or court authority to perform this work; orthis qualified person may be retained or employed in anon-traditional capacity, provided that such nontraditional capacity does not violate applicableunauthorized practice of law statutes, administrativelaws, court rules, or case law.None.2017: No update (Erin Melville)2016: Colorado does not have paralegal regulation or licensure at thistime. It was brought to the attention of James Coyle, RegulationCounsel, several years ago during a meeting with members ofRMPA. Mr. Coyle indicated that there was no interest in regulation orlicensing of paralegals for several reasons including (a) paralegals aresupervised by attorneys; (b) no funds to establish an oversi
Aug 24, 2017 · 2017: In December 2016 CAPA (California Alliance of Paralegal Associations) announced it will offer a stand alone state specific certification exam at its Leadership Conference in November 2017. The designation will be California Certified Paralegal or CCP. California Ass
