perience and licensing regulations for ap- plicants, New APR 28 also prescribes the specific scope of practice authorized, the conditions under which a LLLT may provide services, specific prohibited acts, continu- ing licensing requirements, the profession- al responsibility of LLLTs and the parame- ters of the LLLT-Client relationship.
Vermont Paralegals Are Not Regulated
As noted in Washington’s New APR 28, safeguarding the general public from in- competent legal assistance means requir- ing legal professionals to obtain and main- tain certain education and experience. Cur- rently, there are no regulations or manda- tory 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 para- legal in Vermont. Likewise, the VBA has requirements that must be met before a paralegal may become an associate mem- ber 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 Ad- vanced Competency Examination (PACE) is a national certification examination admin- istered by the National Federation of Para- legal Associations. PACE was developed by a professional testing firm in conjunction with an independent task force of parale- gals, lawyers, paralegal educators and le- gal advocates. It is administered by com- puter in a proctored testing facility, con- sists of two-hundred multiple-choice ques- tions and must be completed in four hours. The questions on PACE are not practice-ar- ea specific. They often involve hypothetical scenarios that require advanced applica- tion of general legal knowledge, paralegal experience, and critical analysis to identify the correct answer. The exam is organized into five domains: (1) administration of cli- ent 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 administra- tion (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®) designa- tion. Other certification exams exist for paralegals but because the VPO is affili- ated with the National Federation of Para- legal Associations, most Vermont parale- gals who have decided to seek certification have done so by passing PACE. Many other Vermont paralegals are cer- tificated, 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 Fam- ily Division forms to legal research. To do such tasks, Vermont paralegals are re- quired 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 para- legal. Answering such a question could be considered legal advice and the unauthor- ized practice of law. In every instance for direct legal assistance, the VPO must re- spectfully decline and point the individual to another resource. If Vermont adopts lim- ited legal licensure, paralegals will be able to provide limited direct legal assistance. Vermont paralegals also volunteer at free legal clinics in both Chittenden and Wash- ington 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 Wom- en’s Service and Shelter). In addition, Bur- lington 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 of- fer no assistance outside the clinic setting. The primary role of the paralegals in these clinics is legal triage. Paralegals in- terview 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 avail- able. Paralegals with limited licensure sta- tus 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 According to the Bureau of Labor Sta-
tistics’ 2011 employment survey, there are over five hundred paralegals working in Vermont. Despite the lack of regulation, many of these paralegals have voluntari- ly sought legal education, a paralegal cer- tificate, or even national certification. Ver-
THE VERMONT BAR JOURNAL • WINTER 2014
mont paralegals care about their work. They care about the legal profession. Most importantly, they care about providing Ver- monters with high quality, cost-effective le- gal services. If the Vermont Supreme Court adopts a limited licensure regulation, many paralegals will complete the necessary re- quirements and prove to be outstanding legal resources for Vermonters. ____________________ Melissa Young Wilcox is Section Chair of the VBA Paralegals Section. Melissa is a civ- il litigation paralegal and law clerk at Darby, Thorndike, Kolter & Nordle, LLP in Water- bury. She serves on the Board of the VPO as Professional Liaison and Ethics Commit- tee Chair and is a member of the Central Vermont American Inn of Court (CVAIC). Carie Tarte is the President of the VPO. Carie is a civil and criminal litigation para- legal at Sheehey Furlong and Behm, PC in Burlington, Vermont. In addition to being Board President, Carie is also the VPO’s Scholarship Committee Chair, Continu- ing Legal Education Committee Chair, and Sponsorship Committee Chair. Heather Moreau, RP® is the Senior Para-
legal and Firm Manager at Maley and Mal- ey, PLLC in Burlington, Vermont. Heather earned her Registered Paralegal designa- tion after passing the Paralegal Advanced Competency Exam in 2012. She previously held various positions on the VPO board, including being former Professional Liaison and Ethics Committee Chair and serving as Vermont’s representative to the National Federation of Paralegal Associations, Inc.
____________________ 1
For a complete copy of New APR 28 with
more details regarding licensing fees, malprac- tice insurance, financial responsibility and core curriculum requirements for LLLTs see: http://
www.courts.wa.gov/court_rules/?fa=court_ rules.display&group=ga&set=APR&ruleid=gaa
pr28. 2
The Limited License Legal Technician Board consists of 13 members appointed by the Wash- ington State Supreme Court, 9 members are active lawyers, 4 members are non-lawyer resi- dents and at least one member shall be a legal
educator (note in original). 3
In order to qualify as a voting member of the VPO, applicants must have one of the following: bachelor’s degree in paralegal studies or equiv- alent program + six months in-house paralegal training; bachelor’s degree with paralegal cer- tificate + one year in-house paralegal training; bachelor’s degree + two years in-house parale- gal training; associate’s degree in paralegal stud- ies or an equivalent program + eighteen months in-house paralegal training; associate’s degree (or equivalent) with a paralegal certificate + two years in-house paralegal training; associate’s degree (or equivalent credits) + two-and-a-half years in-house paralegal training; high school di- ploma with paralegal certificate + three years in- house paralegal training; or high school diploma + five years in-house paralegal training.
19
Equal Access to Justice
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