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Defining the Role of Paralegals

But even with its pursuit of licensing, the Paralegal Association of Wisconsin never sought to push for paralegals' independence from lawyers, says John Goudie, the group's president. "Our intent was to formalize the profession," Goudie says. "There are no formal standards of practice for paralegals anywhere in the United States. And we felt it was time they were needed." Goudie acknowledges, however, that the impression persists among many in the legal community that his organization's legislative goal was to win the right for paralegals to practice independently of lawyers - an impression perhaps fostered by the fact that no one outside of the Paralegal Association of Wisconsin actually saw the draft of the licensing bill, which never was introduced in the Legislature.

Now, as before, Goudie says, his organization's position - like that of the Paralegal Practice Task Force - is that paralegals should be working with attorneys. "We're not talking about paralegals hanging out their shingles, about providing services directly to the public," he says. "We're setting standards to assure that the paralegals who are providing legal services with the supervision of attorneys are qualified to do so. We see that as being important to our profession, and we think it can be beneficial to the delivery of legal services in Wisconsin. That's the key focus here."

Still, the fear runs deep that by taking steps to officially recognize paralegals, attorneys will set the stage for future competition. Give paralegals sufficient stature, so the argument goes, and soon they will be running their own businesses, with lawyers cut out of the picture.

Waukesha attorney and task force member Cornelius (Casey) Andringa takes an opposite view: Continue to avoid dealing with the place of paralegals in the legal profession, and they most certainly will become competitors. "I liken it to the days when doctors stuck their heads in the sand about chiropractors," Andringa says. "The chiropractors went their own way, and now they are totally independent. Had doctors acknowledged that chiropractors perform a service, and tried to coordinate with them, we all might have been better off for it."

If the Bar fails to recognize the crucial role of paralegals, they will look elsewhere for validation, such as once again pursuing licensing through the Legislature, Andringa predicts. That would bring paralegals under the control of the state's Department of Regulation and Licensing, which Andringa feels "would be the wrong way to go. I don't think paralegals should be licensed like barbers and plumbers. What would be their code of conduct? What would be their disciplinary structure?"

Better to bring paralegals under the jurisdiction of the Wisconsin Supreme Court, Andringa contends. "Paralegals are part of our profession," he says. "So let's get them inside the fold, where the supreme court and the Bar have some influence over their work, which is so closely related to ours. It's really part of ours."

More work in progress

Besides the completed paralegal definition and code of ethics, and the grandfather clause still being written, another key component of the task force's work is the educational criteria - covering both training for paralegals entering the field and continuing education for those already practicing.

Not all paralegals agree in this area, either. Many view educational requirements as a quality control measure for their profession. Others see such requirements, especially continuing education, as just more hoops to jump through in order to keep doing the job they're already doing.

"I think we're looking at the integrity of the profession," says paralegal instructor Retzak, chair of the task force's education subcommittee. "As an educator, I believe in lifelong learning, and this is one way to ensure that."

Paralegals themselves stand to gain from having clear educational standards, says Retzak. "The profession is growing," she notes, "and there have been lots of training programs coming out over the Internet or in videotape - the 'weekend wonders' as we call them. You watch 20 hours of videotape, and now you're a paralegal. But we find the quality of education is not there. People are being taken advantage of, and attorneys don't know the difference" when they hire someone claiming to be a paralegal. In fact, as matters now stand, nothing can stop people who have had absolutely no paralegal training from calling themselves paralegals and offering their services in the marketplace.

Educational standards would help ensure that those who claim to be paralegals have indeed completed proper training, thus protecting those who do go to the trouble and expense to attend school - as well as giving attorneys a better idea of what they're getting when they hire a paralegal. In the end, this also becomes a question of consumer protection. Clients have the right to know that the paralegals their attorneys are using - and for whose services they're being billed - are qualified.

But, some attorneys would argue, how can you devise training standards for paralegals who ultimately may do totally different kinds of work in different settings: small firm or large, rural or urban, private practice or government agency? "How do attorneys do it?" Retzak counters. "It's the same thing. When (paralegal) students graduate, even from a four-year degree program, they still need additional on-the-job training - just like attorneys do" when they leave law school. In fact, her institution, Lakeshore Technical College, recommends, but does not require, that paralegal students serve internships, much like law students work as law clerks, to better prepare them for the world of work.

As for her subcommittee's final recommendations, still taking shape, Retzak says they're likely to address quantity of education, but not specifics about what types of courses that should include. "The consensus seems to be that for Wisconsin, a two-year degree is adequate because we're such a rural state," she explains. "We recognize in larger cities, such as Milwaukee, Madison, or Green Bay, a lot of firms may prefer four-year degrees" for their paralegals.

The sum of the parts

Once the task force has finalized a definition, grandfather clause, code of ethics, and educational requirements - challenging work in itself - then comes the even more difficult work. "After we have all the pieces," says chairperson Barker, "then we need to fit this all together to come up with an overall structure." That leads to numerous questions. What will be the disciplining body for paralegals? An arm of the Board of Attorneys Professional Responsibility? Or a completely separate unit? Might the Board of Bar Examiners, or an equivalent, handle some sort of licensing or certification process for paralegals?

So that these boards aren't surprised later, representatives from both have been involved in task force discussions, as nonmembers. "It's a little chicken and egg," Barker admits, "because obviously they can't really get into this and decide what to do with it until they know what we're going to recommend. But we've had good dialogue with representatives from both boards. Our goal is to have them comfortable with whatever we recommend, so that ultimately if and when the Bar goes to the supreme court with a proposal, we'll be speaking with one voice."

The question remains as to whether a proposal ever will reach the Wisconsin Supreme Court. First the task force must submit its report to the Bar's Board of Governors and win support there. Knowing the years-long history of controversy and conflict over this issue, task force members are realistic about their chances, yet hopeful that, at last, real progress might be made in bringing paralegals and attorneys to the same side of the table, rather than on opposite sides.

"What we're going to give to the Bar as a whole is what this group - this very diverse group - believes," says Christine Ouimet-Durow, past-president of the Madison Area Paralegal Association. "We've put a lot of work into this - into the definition of a paralegal, the rules of ethics, the educational requirements. We will have done the legwork."

Dianne Molvig operates Access Information Service, a Madison research, writing, and editing service. She is a frequent contributor to area publications.