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What's happening in other states
New Jersey: New Jersey has taken the strongest move
of any state thus far toward regulating paralegals. There the push for
regulation has come from the top down; a committee set up by the New
Jersey Supreme Court issued a report in July 1998 recommending
licensure. The report was five years in the making. The Oct. 16 deadline
for comments on the report has been extended to Jan. 15, 1999, at the
request of the New Jersey State Bar.
Hawaii: U.S. District Court Judge David Alan Ezra,
who becomes Chief Judge on Jan. 1, 1999, has announced his intention to
explore a certification policy for paralegals who work in federal court
cases in Hawaii. The policy would stipulate that the federal court would
approve charges submitted by attorneys only for the services of
certified paralegals.
Utah: The Utah State Bar Legal Assistant Division's
Licensing of Legal Assistants Committee has issued a report presenting a
model for mandatory licensing of legal assistants. The report is now
before the Utah Board of Bar Commissioners awaiting decision.
South Dakota: In 1997 the South Dakota Supreme Court
ordered an amendment that spells out the definition of a legal
assistant, minimum qualifications, guidelines for using legal
assistants, ethical considerations, and guidelines for
disqualification.
Washington: Washington State Supreme Court Justice
Phillip Talmadge has called on the Washington Supreme Court and the
Washington State Bar Association to consider using nonlawyers to assist
lawyers in providing legal services. He cites concerns about consumer
protection and finding ways to better serve low- and moderate-income
families - all the more critical, he notes, now that Washington faces a
court challenge to its IOLTA program. A bill to license legal assistants
came before the Washington Legislature in the last session. It died in
subcommittee. Justice Talmadge emphasizes the need to keep regulation of
any aspect of the practice of law within the judicial branch, and that
failing to do so will prompt future legislative efforts.
Wisconsin
Lawyer
