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Paralegals take another stab at proposed rule on voluntary certification

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Marion Superior Judge David Shaheed paid tribute to the professionals of the Indiana Paralegal Association at the group’s annual meeting July 17.

“You are the unsung heroes of the legal profession in my opinion,” Shaheed told the Indianapolis gathering. “You’re the voice of reason in the chaos.”

But within the profession there’s a recurring debate – the question of how a paralegal’s professionalism should be measured.

“That, of course, is open to discussion,” said Edna Wallace, IPA treasurer and a registered paralegal at Whitham Hebenstreit & Zubek LLP in Indianapolis. What’s proposed is a voluntary regulation system with some level of minimum standards.

A similar proposal was put forth back in 2006 and won the support of the Indiana State Bar Association and several local bar groups, Wallace said. But after a comment period and some consideration, the Indiana Supreme Court in 2008 said it was disinclined to promulgate such rules.

“We feel like some time has passed, and we just want to explore and see if it’s worth bringing up again,” Wallace said. To that end, Wallace sent surveys to paralegals around the state to get a feel for their interest. Survey responses were still coming in toward the end of July, but she said early results looked encouraging.

“We would like to see either the state bar or the Supreme Court regulate the paralegal practice,” she said. “We don’t want it to be mandatory. The problem is finding just the right size program for Indiana.”

Wallace is a registered paralegal by virtue of having passed the Paralegal Advanced Competency Exam administered by the National Federation of Paralegal Associations. Another test given by NFPA -- the Paralegal CORE Competency Exam -- permits those who pass to carry the title of core registered paralegal.

Registered paralegals are expected to meet minimum continuing legal education requirements – 18 hours over three years, half the requirement for attorneys.

Indiana currently has no minimum standards for paralegals, and Wallace is hopeful the state will move toward a model of voluntary regulation as have states such as Florida, Kentucky and North Carolina.

IPA President Monica Dabio, a Benesch paralegal, is beginning her second term leading the group. Dabio was president when the last proposal was being considered.

“I think maybe we do have a better chance, particularly with what’s going on in other states,” Dabio said. Those models from other states and their experience, data and information might help convince the court this time to approve a voluntary registration system.

“The majority of our members have been very supportive of those endeavors,” she said.

But Wallace stressed any program the group endorses will be voluntary.

“We are aware there are those who don’t want anything to do with it, who say, ‘I’ve been a paralegal for 30 years and my reputation and the job I do speaks for itself,’” Wallace said. “And that’s OK. Many of us came up through the ranks as legal secretaries, and there are paralegals who are just as knowledgeable with on-the-job training as those who have the education behind them. We don’t want to put anyone out of a job.”

What a voluntary system likely would do is institute some form of professional registration, set minimum standards and track those who’ve passed a competency exam.

Debi Binkley, a registered paralegal at Bose McKinney & Evans LLP, said although Indiana lacks a regulatory framework for paralegals, the state leads the nation in those with PACE certification who can thereby identify themselves as registered paralegals.

Board_members-2col.jpg Marion Superior Judge David Shaheed, front row, fourth from left, swore in directors for the Indiana Paralegal Association July 17. They are, front row from left: Raven Earley, treasurer; Edna Wallace, secretary; Arlene Morris, president; Monica Dabio, vice president; Lauren Jones, Marnie Hamlet and Angela Hopson. Back row from left: Wendy Stokes, Julie Johnson, Joanne Alexovich, Lottie Wathen, Linda Howard, Nancy Noble, Everlla Savage, Tracey Woolsey, Cathy Canny. (Submitted photo/Linda Howard)

Binkley hopes that any regulation that might be considered would recognize those who’ve gained such a certification on their own. She said paralegals who’ve independently gotten some level of certification show how they view their work.

“You’re making a statement to yourself, your employer and potential employers that you take your profession seriously and you’re willing to validate your credentials,” she said. “It goes to the credibility of the profession. We welcome the idea of being registered and having to take exams to boost credibility.”

The IPA counts 362 active members. Next year will mark the association’s 35th anniversary, Dabio said. The group traditionally has marked every five-year milestone with a celebration event, and 2014 will be no different.

Dabio said in the coming year she wants to reach out to areas outside downtown Indianapolis, where the majority of paralegals practice, and slate events in suburban counties and perhaps beyond.

Job outlook

Bose paralegal Julie Johnson oversees the job bank for the IPA and said instability in the legal market is having an impact on the career prospects for paralegals.

Johnson said the Bureau of Labor Statistics forecasts 18 percent growth in paralegal jobs between 2010 and 2020, a much lower rate than in prior decades. Generally, about 70 percent of paralegals work for law firms, with others working for banks or in other in-house capacities outside law firms.

When law firms cut back, “in some ways, it can actually be a benefit for paralegals,” Johnson said. Firms reducing associate positions, for instance, may choose instead to staff more paralegals.

The IPA’s job bank typically carries about eight to 10 postings at any given time, Johnson said.

“If you know someone at a firm or have contacts with attorneys or other people at the firm, sometimes that is the best way to get a foot in the door,” Johnson said.

According to the BLS, 3,910 Hoosiers were employed as paralegals or legal assistants in 2012, earning a mean salary of $39,620.•

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  • VOLUNTEER CERTIFICATE...WHAT ????
    IT'S ANOTHER SCAM....VOLUNTEER CERTIFICATE???? SO SOMEONE WANTS TO BE IN CHARGE OF SOMETHING IS THAT IT. TRYING TO CREATE SOMETHING THAT MAKES NO SENSE. THIS IS ANOTHER WAY OF GETTING MONEY FOR NOTHING. WHAT DOES IT MEAN....VOLUNTEER CERTIFICATE??????? IM SURE I DIDNT MISS ANYTHING. PLEASE JUST DO YOUR JOB...AND STOP THIS NONSENSE. EVERYTHING YOU DO I DO....I JUST DONT PAY FEES OR DUES. I AM AGAINST THIS.
  • Paralegal CORE Competency Exam
    The PCCE is also administered by NFPA, not NALA.

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  1. Have been seeing this wonderful physician for a few years and was one of his patients who told him about what we were being told at CVS. Multiple ones. This was a witch hunt and they shold be ashamed of how patients were treated. Most of all, CVS should be ashamed for what they put this physician through. So thankful he fought back. His office is no "pill mill'. He does drug testing multiple times a year and sees patients a minimum of four times a year.

  2. Brian W, I fear I have not been sufficiently entertaining to bring you back. Here is a real laugh track that just might do it. When one is grabbed by the scruff of his worldview and made to choose between his Confession and his profession ... it is a not a hard choice, given the Confession affects eternity. But then comes the hardship in this world. Imagine how often I hear taunts like yours ... "what, you could not even pass character and fitness after they let you sit and pass their bar exam ... dude, there must really be something wrong with you!" Even one of the Bishop's foremost courtiers said that, when explaining why the RCC refused to stand with me. You want entertaining? How about watching your personal economy crash while you have a wife and five kids to clothe and feed. And you can't because you cannot work, because those demanding you cast off your Confession to be allowed into "their" profession have all the control. And you know that they are wrong, dead wrong, and that even the professional code itself allows your Faithful stand, to wit: "A lawyer may refuse to comply with an obligation imposed by law upon a good faith belief that no valid obligation exists. The provisions of Rule 1.2(d) concerning a good faith challenge to the validity, scope, meaning or application of the law apply to challenges of legal regulation of the practice of law." YET YOU ARE A NONPERSON before the BLE, and will not be heard on your rights or their duties to the law -- you are under tyranny, not law. And so they win in this world, you lose, and you lose even your belief in the rule of law, and demoralization joins poverty, and very troubling thoughts impeaching self worth rush in to fill the void where your career once lived. Thoughts you did not think possible. You find yourself a failure ... in your profession, in your support of your family, in the mirror. And there is little to keep hope alive, because tyranny rules so firmly and none, not the church, not the NGO's, none truly give a damn. Not even a new court, who pay such lip service to justice and ancient role models. You want entertainment? Well if you are on the side of the courtiers running the system that has crushed me, as I suspect you are, then Orwell must be a real riot: "There will be no curiosity, no enjoyment of the process of life. All competing pleasures will be destroyed. But always — do not forget this, Winston — always there will be the intoxication of power, constantly increasing and constantly growing subtler. Always, at every moment, there will be the thrill of victory, the sensation of trampling on an enemy who is helpless. If you want a picture of the future, imagine a boot stamping on a human face — forever." I never thought they would win, I always thought that at the end of the day the rule of law would prevail. Yes, the rule of man's law. Instead power prevailed, so many rules broken by the system to break me. It took years, but, finally, the end that Dr Bowman predicted is upon me, the end that she advised the BLE to take to break me. Ironically, that is the one thing in her far left of center report that the BLE (after stamping, in red ink, on Jan 22) is uninterested in, as that the BLE and ADA office that used the federal statute as a sword now refuses to even dialogue on her dire prediction as to my fate. "C'est la vie" Entertaining enough for you, status quo defender?

  3. Low energy. Next!

  4. Had William Pryor made such provocative statements as a candidate for the Indiana bar he could have been blackballed as I have documented elsewhere on this ezine. That would have solved this huuuge problem for the Left and abortion industry the good old boy (and even girl) Indiana way. Note that Diane Sykes could have made a huuge difference, but she chose to look away like most all jurists who should certainly recognize a blatantly unconstitutional system when filed on their docket. See footnotes 1 & 2 here: http://caselaw.findlaw.com/us-7th-circuit/1592921.html Sykes and Kanne could have applied a well established exception to Rooker Feldman, but instead seemingly decided that was not available to conservative whistleblowers, it would seem. Just a loss and two nice footnotes to numb the pain. A few short years later Sykes ruled the very opposite on the RF question, just as she had ruled the very opposite on RF a few short years before. Indy and the abortion industry wanted me on the ground ... they got it. Thank God Alabama is not so corrupted! MAGA!!!

  5. OK, take notice. Those wondering just how corrupt the Indiana system is can see the picture in this post. Attorney Donald James did not criticize any judges, he merely, it would seem, caused some clients to file against him and then ignored his own defense. James thus disrespected the system via ignoring all and was also ordered to reimburse the commission $525.88 for the costs of prosecuting the first case against him. Yes, nearly $526 for all the costs, the state having proved it all. Ouch, right? Now consider whistleblower and constitutionalist and citizen journalist Paul Ogden who criticized a judge, defended himself in such a professional fashion as to have half the case against him thrown out by the ISC and was then handed a career ending $10,000 bill as "half the costs" of the state crucifying him. http://www.theindianalawyer.com/ogden-quitting-law-citing-high-disciplinary-fine/PARAMS/article/35323 THE TAKEAWAY MESSAGE for any who have ears to hear ... resist Star Chamber and pay with your career ... welcome to the Indiana system of (cough) justice.

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