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    Wisconsin Lawyer
    December 01, 1998

    Wisconsin Lawyer December 1998: What's Happening In Other States


    Vol. 71, No. 12, December 1998

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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.


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