March - April 2012March - April 2012

The following is the text of WSPA's letter to the Supreme Court in support of the proposed Admission to Practice Rule 28 which would create a new category of legal service provider known as a Legal Technician.  (Click here to see a copy in PDF).

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Updated - June 15, 2012:

The Washington Supreme Court has approved an order creating a new Admission to Practice Rule 28 which creates a new category of non-attorney legal service provider in Washington State.  For more information and to read the court's order, click here.

The Washington State Practice of Law Board (POLB) has published a proposed "Admission to Practice Rule" that would create a new category of legal service provider known as a Legal Technician.  The initial legal specialty area contemplated to make use of this new category of service provider would be Family Law.

The Washington State Supreme Court accepted comments on the proposal through April 30, 2009.

 WSPA SALUTES
WASHINGTON STATE PARALEGAL PROGRAMS
AND STUDENT LEADERS

In recognition of the service of student leaders at certain schools that
have formed Paralegal Student Associations, WSPA is pleased to provide
a free, one-year Student Membership in our Professional Association.

If you are an Administrator or Teacher at a Washington paralegal program that offers a Student Paralegal Association or similar legal association, please contact WSPA President Brenda Cothary (president@wspaonline.org) so that we can properly salute your student on our web site and provide them their free WSPA Membership.

The current definition of a Paralegal used by WSPA and NFPA is as follows:

"A paralegal is a person qualified through education, training, or work experience to perform substantive legal work that requires knowledge of legal concepts and is customarily, but not exclusively, performed by a lawyer. This person may be retained or employed by a lawyer, law office, governmental agency, or other entity or may be authorized by administrative, statutory, or court authority to perform this work. Substantive shall mean work requiring recognition, evaluation, organization, analysis, and communication of relevant facts and legal concepts."

The American Bar Association definition is as follows: 

"A legal assistant or paralegal is a person, qualified by education, training or work experience who is employed or retained by a lawyer, law office, corporation, governmental agency or other entity and who performs specifically delegated substantive legal work for which a lawyer is responsible."

The current definition of "legal assistant/paralegal" replaces the definition adopted by the ABA Board of Governors in 1986. It adds the term "paralegal" since the terms "legal assistant" and "paralegal" are, in practice, used interchangeably. The term that is preferred generally depends on what part of the country one is from. The current definition streamlines the 1986 definition and more accurately reflects how legal assistants are presently being utilized in the delivery of legal services.

There is currently no requirement in Washington State for a person to be licensed, certified or registered in any way or with any state agency or association before he or she can obtain a position as a paralegal (see Regulation.) There is in fact no entity currently set up to "certify" Washington's paralegals. Paralegals who complete a recognized field of study in both ABA and non-ABA approved educational programs are more properly called "certificated" paralegals, not "certified" paralegals.

In Washington, paralegals are usually required to practice law under the supervision of an attorney. Washington State has a statute prohibiting the practice of law without a license as an attorney, and this is sometimes applied to persons purporting to be paralegals and providing services directly to the public. Complaints about unauthorized practice of law by non-attorneys may be addressed to the Practice of Law Board. WSPA, as a voluntary membership professional association, has no authority to regulate or oversee the actions of paralegals, nor to prohibit "non-qualified" individuals from identifying themselves as paralegals.

There is however a voluntary Certification exam known as PACE (Paralegal Advanced Competency Exam), which is administered through WSPA's parent association, NFPA, whereby experienced paralegals can demonstrate their advanced legal competency.

Requirements to become a Paralegal in Washington State

Washington State, like most states, has no requirement that a person be licensed, certified or registered with any state agency or professional association (including WSPA) before he or she can work as a paralegal. 

Accordingly, Washington State has no entity to certify, license or otherwise regulate paralegals. 

WSPA is a strong proponent of quality Paralegal Education programs and supports both the Academic Standards and the Core Competencies as laid out by the American Association for Paralegal Education (AAfPE) including the minimum number of semester hours necessary to be adequately prepared for entry into the legal profession.  Even so, there is not yet any minimum educational requirement to work as a Paralegal. In fact, many paralegals have been trained "on the job" and do not hold formal Paralegal Certificates from recognized paralegal programs.

It is generally agreed that paralegals holding Paralegal Certificates from accredited programs are generally more highly sought after by employers, but well experienced paralegals without certificates can command strong salaries as well.

WSPA's CLE Requirement

Since the paralegal profession is not yet regulated in our state, there is also no requirement in Washington for paralegals to maintain Continuing Legal Education credits.  WSPA, as a voluntary professional association, strongly believes that paralegals should participate in Continuing Legal Education activities to stay apprised of changes in the law and professional developments.  WSPA requires its members to earn at least 10 continuing legal education credits each year in order to maintain their status as a Voting member or to hold a Statewide office. (See  Education.)

Effective September 1, 2001, the Washington State Supreme Court adopted General Rule 25 (GR25), which establishes the Practice of Law Board (POL Board). The Washington State Bar Association is working with the Supreme Court to implement that rule. One of the first steps is to nominate persons for consideration by the Supreme Court for appointment to the Board. Nominations may be made by the Board of Governors of the Washington State Bar Association and other people and organizations.