State Bar of Wisconsin

Standards-Quality Subcommittee
Meeting Minutes
March 11, 1997

Standards Subcommittee members present were Attorney Pam Barker, Attorney John Decker, Carin Froehlich, John Goudie and Attorney Donald Lubner. State Bar staff liaison Linda Barth was also present.

The group began with a lengthy discussion of the components of qualifications and criteria for paralegal standards. They created the following list of qualifications:

1. Education
2. General Minimum Requirements
3. Training/Work Experience
4. Continuing Paralegal Education
5. Grandfather Clause

The group decided to first tackle the General Minimum Requirements. Ms. Froehlich explained that minimum requirements should include that the person has not been convicted of felony, not a disbarred attorney, and not convicted of the unauthorized practice of law.

Mr. Goudie was concerned about using the criteria of "good moral character." he said that there is an Attorney General's decision that the term can be discriminatory. Mr. Lubner added that he had researched the issue and could not find a good definition of 'good moral character." He was also concerned about the felony prohibition, especially in the case of any unrelated felony. He also pointed out that the age of 21 could be age discrimination--he has many students who are only 18 years old.

Mr. Goudie agreed and said some students double up on courses to graduate sooner. He explained that the age of 21 was from the National Federation of Paralegal Associations, with the theory that students will be 21 years old by the time they finish the education programs. The group reviewed the standards for attorneys in SCR 40.02 and SCR 40.06 and decided that the same language should be adopted for paralegal age requirements and good moral character requirements.

Mr. Lubner asked if there should be some review of a felony conviction. Ms. Froehlich suggested listing different types of felonies. Mr. Goudie was concerned about a litany of crimes. Mr. Lubner suggested that some entity could decide on a case by case basis. The groups reviewed. The group directed staff to get information from the Board of Attorneys Professional Responsibility on how they deal with felony convictions for attorneys for them to review at their next meeting.

Mr. Decker noted that SCR 22. 26 (2) prohibits a disbarred attorney from working as a paralegal. The group decided to prohibit an attorney who has been disbarred or suspended in any American jurisdiction from practicing as a paralegal.

The group discussed a code of ethics for paralegals and Mr. Goudie pointed out that the National Federation of Paralegal Associations and Paralegal Association of Wisconsin have a code similar to the State Bar's. The subcommittee decided that it is up to the Task Force to determine if it should deal with a code of ethics for paralegals.

Mr. Goudie suggested a proficiency exam on general office knowledge and basic paralegal knowledge that clarifies that a person has learned from either experience or training. Ms. Froehlich agreed that it provides an opportunity to ascertain that people are what they say they are.

The group agreed that there should be a proficiency exam that is state specific and covers topics such as confidentiality, legal terminology, legal research and legal writing.

At the next meeting, the Subcommittee will discuss the other qualification components and should come to the meeting with their recommendations.

Paralegal Task Force Main