Rules Governing Certification
I. Purpose
The State Bar of Wisconsin establishes this voluntary certification program for paralegals in order to:
(a) identify training and ethical standards for paralegals working in Wisconsin;
(b) recognize the professional commitment of paralegals who choose to become State Bar of Wisconsin Certified Paralegals;
(c) provide a benchmark for paralegal standards for State Bar lawyer-members who do or plan to work with paralegals in their practices; and
(d) promote greater access to legal services and the justice system for members of the public by assisting State Bar members in locating and better utilizing the services of qualified paralegals.
II. Definition
For purposes of the State Bar Certification Program, a paralegal is an individual:
(a) qualified through education, training, and work experience,
(b) who is qualified to be employed or retained by a lawyer, law office, corporation, governmental agency, or other entity,
(c) to perform substantive legal work under the supervision of a lawyer licensed to practice in Wisconsin,
(d) said work requiring sufficient recognition, evaluation, organization, analysis, and communication of relevant facts and legal concepts that, absent the paralegal, the attorney would perform it.
III. Eligibility Requirements for State Bar Certification
A. Education, training, and work experience
(1) Except as otherwise provided in this Program, no individual may be certified by the State Bar unless the individual has successfully completed post-secondary education and training that includes either of the following:
(a) (i) An associate or bachelor’s degree from a qualified Wisconsin paralegal studies program, (ii) Complete 15 hours of qualified Wisconsin-based Continuing Legal Education (CLE), 3 hours of which MUST be in legal ethics. (iii) Completed at minimum 2000 hours of work experience as a paralegal under the direct supervision of a licensed attorney. Must submit attorneys' information for verification of hours worked.
(b) (i) An associate or bachelor’s degree in any paralegal studies program from any institution of post-secondary education outside of Wisconsin that is accredited by an accrediting body recognized by the United States Department of Education; (ii) Complete 18 hours of qualified Wisconsin-based Continuing Legal Education (CLE), 3 hours of which MUST be in legal ethics. (iii) Completed at minimum 2000 hours of work experience as a paralegal under the direct supervision of a licensed attorney. Must submit attorneys' information for verification of hours worked. (iv) has passed the SBWCP General Certification Test with a score of 85% or better.
(c) (i) An associate or bachelor’s degree in any discipline from any institution of post-secondary education United States Department of Education; (ii) Complete 21 hours of qualified Wisconsin-based Continuing Legal Education (CLE), 3 hours of which MUST be in legal ethics. (iii) Completed at minimum 4000 hours of work experience as a paralegal under the direct supervision of a licensed attorney Must submit attorneys' information for verification of hours worked. (iv)has passed the SBWCP General Certification Test with a score of 85% or better.
(2) For purposes of this Program:
(a) A “qualified Wisconsin paralegal studies program” means a program of paralegal studies offered by an institution of post-secondary education which maintains a 2-year or a 4-year program of paralegal studies that is sanctioned by the Wisconsin Technical College System Board, is sanctioned by the Board of Regents of the University of Wisconsin System, is approved by the House of Delegates of the American Bar Association, or which is an institutional member of the American Association for Paralegal Education, and which routinely and consistently embeds specific, Wisconsin-based substantive and procedural law content in its paralegal studies courses which includes:
- Three semester credits in legal research
- Three semester credits in legal writing
- One semester credit in legal ethics
- One semester credit in Wisconsin litigation practice
- Six semester credits in specific areas of substantive law
- Not less than four additional semester credits in any of the areas specified in this list
(b) "Semester credit" means a minimum of 14 clock hours of classroom instruction in a qualified paralegal studies program.
(c) Coursework offered by an institution of post-secondary education as part of a Juris Doctorate program that is approved by the American Bar Association may substitute for the coursework specified in section A (1) of this Section III so long as:
(i) Not less than 18 semester credits of coursework are completed with a minimum grade of "C" in each course;
(ii) the content of the coursework meets the criteria specified in this Section III, including the requirement for Wisconsin-based substantive and procedural law content; and
(iii) any coursework or combination of coursework submitted in satisfaction of the litigation or substantive law criteria of this section includes instruction in the proper drafting of legal documents used regularly in that area of the law.
(d) A 2-year “associate’s degree” program or a 4-year “bachelor’s degree” program is an academic program offered by an institution of higher education that has been accredited by an accrediting body recognized by the United States Department of Education. These programs must meet the following criteria:
(i) Duration and Structure:
- Associate’s degree: Typically requires completing 60 semester credit hours or equivalent, usually over two academic years.
- Bachelor’s Degree: Typically requires the completion of 120 semester credit hours or equivalent, usually over a period of four academic years.
(iii)Educational Standards:
- The program must include a combination of general education courses and specialized courses in the chosen field of study, ensuring a comprehensive educational experience that meets the standards set by the accrediting body.
(iv)Eligibility for Federal Aid:
- Accreditation by a recognized agency allows the institution to establish eligibility for participation in federal financial aid programs under Title IV of the Higher Education Act1.
(3) Based upon their institutional history in providing paralegal studies programs under the guidance of the original Program Advisory Committees that often included a member of the State Bar, the paralegal studies programs from the following institutions shall be presumed to meet the requirement that its paralegal studies courses routinely and consistently include Wisconsin-based substantive and procedural law content embedded therein:
(a) Chippewa Valley Technical College; Lakeshore Technical College; Madison College; Milwaukee Area Technical College; Northeast Wisconsin Technical College; and Western Technical College.
(b) This presumption may be overcome and revoked if the majority of courses in the paralegal studies program that are required under this Section III are shown to no longer routinely and consistently include Wisconsin-based substantive and procedural law content.
B. Acceptance of General Certification Test Score
(1) The State Bar of Wisconsin Certified Paralegal (SBWCP) “General Certification Test” is a standardized examination designed to assess the substantive knowledge and practical skills of applicants across various areas of legal work pertinent to Wisconsin. This certification test is part of the State Bar of Wisconsin Certified Paralegal™ (SBWCP) program, which aims to recognize paralegals who demonstrate a high level of competence and professionalism in their field. The test consists of 100 questions and covers a broad range of legal topics, including but not limited to civil procedure, criminal law, family law, real estate law, probate and estate planning, and ethical considerations relevant to paralegal practice in Wisconsin.
This is a closed-book exam. All examinees are prohibited from using, consulting, engaging, or otherwise interacting with any outside resource during the exam. This includes mobile devices (including cell phones), tablets and computers (other than the one used to take the exam), books of any kind, notes, and/or other people. The computer used to take the exam should only have open windows needed to functionally complete the exam.
(2) The State Bar of Wisconsin administers the paralegal certification examination during three specific periods annually: Summer (July 1st - August 31st), Fall (October 1st - November 30th), and Spring (February 1st - April 30th).
Examinees are authorized to purchase the examination at any juncture within an open test availability window. Following the acquisition of the examination, examinees are allotted a period of thirty (30) days to complete the examination. This 30-day window cannot be extended, and the test will be void after the 30th day. Upon commencement of the examination, examinees must complete the test within a two (2) hour timeframe.
In the event an examinee seeks to retake the examination, the following restrictions apply to ensure a fair and manageable testing process:
(a) Minimum Waiting Period: Examinees must observe a minimum waiting period of thirty (30) days between successive examination dates. This interval is instituted to afford adequate preparation time and to maintain the integrity of the examination process.
(b) Annual Limit: Examinees are restricted to a maximum of two (2) attempts to undertake the paralegal certification examination within any given calendar year. This limitation ensures the maintenance of quality and consistency in the certification process.
These provisions are established to provide equitable opportunities for examinees while upholding rigorous standards of certification.
(3) Notwithstanding any provision to the contrary, the State Bar of Wisconsin Certified Paralegal Program (the "Program") shall accept a passing score of eighty-five percent (85%) or higher on the State Bar of Wisconsin Certified Paralegal General Certification Test (the "Certification Test") as a valid qualification for certification under the Program.
(a) "Certification Test" refers to a standardized examination designed to assess a candidate's knowledge, skills, and abilities relevant to the paralegal profession in Wisconsin. The Certification Test is administered by the State Bar of Wisconsin and covers a broad range of topics pertinent to Wisconsin law.
(b) "Wisconsin-Based Education Requirements" refers to the educational qualifications traditionally required for certification under the Program, which may include, but are not limited to, completion of a paralegal degree or certificate program at a Wisconsin-based institution.
All applicants for certification must consent to a Criminal History Background Check processed by the Wisconsin Department of Justice, the corresponding agency in the state(s) in which the applicant most recently resided or practiced or both, or a federal registry, whichever is most appropriate based upon the information contained in the application. The Application for Certification will contain the necessary consent to the search and the application fee will include any costs associated with the Background Check. Applicants whose background check reveals information that would disqualify one from membership in the Wisconsin Bar as a lawyer-member will disqualify a paralegal from certification.
IV. Continuing Education Requirement
No individual may maintain certification as a paralegal in this state unless that individual does either of the following:
(1) Completes at least 15 hours of approved continuing paralegal education or continuing legal education during each reporting period, a minimum of 3 hours of which shall be in the area of legal ethics and professional responsibility; or
(2) Successfully completes with a minimum grade of "C" at least 1 semester credit from a qualified paralegal studies program during each reporting period.
(3) "Reporting period" means the 2-year period during which a paralegal must satisfy the Wisconsin continuing paralegal education requirement of this section. The reporting period for a paralegal certified in an even-numbered year shall end on June 30 of each even-numbered year following the year in which the paralegal was certified initially. The reporting period for a paralegal certified in an odd-numbered year shall end on June 30 of each odd-numbered year following the year in which the paralegal was certified initially.
(4) "Hour" means a period of approved continuing paralegal education or legal education of at least 50 minutes.
(5) “Approved continuing paralegal or continuing legal education” means programming that has been approved as such by the Wisconsin Board of Bar Examiners, or which is offered as continuing paralegal or legal education by the American Bar Association, approved state or national law-related organizations, national or state paralegal associations, accredited educational institutions, or federal or state regulatory or governmental authorities. The Program Registrar shall identify such procedures as may be reasonably necessary to verify attendance at, and the accreditation status of, individual continuing legal education programs that will satisfy the requirements of this Section IV.
V. Persons Ineligible for Certification or Recertification
No individual is eligible to be certified, or have their certification renewed, as a paralegal in this state if any of the following conditions apply:
(1) The individual 's license to practice law in any state or jurisdiction is currently under suspension or revocation, or the individual has resigned in lieu of suspension, discipline, or revocation;
(2) The individual has been convicted of a felony in any state or jurisdiction and their civil rights have not been restored;
(3) The individual has been found to have engaged in the unauthorized practice of law in any state or jurisdiction;
(4) The individual’s registration, certification, or license to practice has been terminated or revoked for disciplinary reasons by a professional organization, court, disciplinary board, or agency in any jurisdiction;
(5) The individual fails to comply with the continuing education requirements as set forth in Section IV, above;
(6) The individual’s Criminal History Background Check reveals information that would disqualify one from membership in the Wisconsin Bar as a lawyer-member.
(7) The individual is found to be cheating as it pertains to the SBWCP General Certification Exam. All examinees are prohibited from using, consulting, engaging, or otherwise interacting with any outside resource during the exam. This includes mobile devices (including cell phones), tablets and computers (other than the one used to take the exam), books of any kind, notes, and/or other people. The computer used to take the exam should only have open windows needed to functionally complete the exam. Violations will result in a failure score on the test and loss of exam fees.
VI. Certification Process
Individuals who meet the certification requirements set forth above and who wish to become certified under this Program must submit the following information and documentation to the Program Registrar:
(1) A verified and completed Application in the form provided pursuant to the Program;
(2 A verified copy of their official transcript(s) from the educational institutions attended;
(3) A sworn or affirmed declaration(s) from the attorney(s) with whom the applicant works or has worked for as well as a self-attestation from the applicant, attesting to the applicant’s substantive paralegal work experience. The total number of attested hours of substantive paralegal experience must meet the minimum number of hours as provided in said Section III; (4)(a) A sworn or affirmed declaration from the applicant attesting that they will not engage in the unauthorized practice of law.
(4) A nonrefundable application fee as established by the Registrar.
(5) Upon submission and review of all required documentation, payment of the application fee, and approval by the Program Registrar, a certification shall be issued to the applicant, who may thereafter use the credential “State Bar of Wisconsin Certified Paralegal”. CLE Certification shall be valid for up to two years from the date of issuance unless revoked sooner in accordance with the procedures set forth under this Program. An annual dues payment to renew is required each year.
(7) If an applicant took and passed the SBW General Certification Test or an SBW Area of Practice Certification Test, the applicant may thereafter use the test credential associated with that test.
VII. Ethical Rules
Every State Bar of Wisconsin Certified Paralegal (SBWCP) must agree to be bound by, and must in fact and practice adhere to the following rules and requirements:
(1) The SBWCP may provide legal work only under the direct supervision of a licensed attorney in good standing, either as an employee or an independent contractor;
(2) The SBWCP may not establish an independent practice as a paralegal separate or divorced from the direct supervision requirement; and
(3) The SBWCP will be bound by and conduct herself or himself in accordance with the following:
(a) The American Bar Association Model Rules of Professional Conduct;
(b) The Code of Ethics adopted by any professional paralegal association to which the individual belongs; and
(c) The Wisconsin Supreme Court Rules of Professional Conduct for Attorneys.
VIII. Renewal of Certification
In order to maintain certification, a State Bar of Wisconsin Certified Paralegal shall:
(1) Renew CLE certification every two years from the date of their original certification date as well as pay annual renewal dues;
(2) Meet the continuing education requirements as set out in Section IV, above;
(3) Meet the employment/paralegal practice requirements as set out in policies.
(4) Not be ineligible for certification or recertification under Section IX, below; and
(5) Remit the nonrefundable recertification fee, along with proof verifying that the continuing education requirements and that the employment and practice requirements have been met, together with such recertification form as may be directed by the Program Registrar, not less than 60 days prior to the end of the current certification period.
IX. Denial, Revocation, or Nonrenewal of Certification
Certification may be denied, revoked, or not renewed for the following administrative or substantive reasons, as set forth in this Section IX. Denial, revocation, or nonrenewal of certification may be based in all cases upon information or the lack thereof as presented to or discovered by the Program Registrar or the State Bar of Wisconsin in any capacity, or in response to investigation of a sworn complaint filed with the Program Registrar.
A. Administrative Denial, Revocation, or Nonrenewal
The Program Registrar may deny, revoke, or refuse to renew certification for any or all of the following reasons:
(1) Failure to provide the information or verifications required under the application;
(2) Failure to meet the continuing education requirement of Section IV, above; or
(3) Nonpayment of application or renewal fees.
B. Substantive Denial, Revocation, or Nonrenewal
Upon referral by the Program Registrar or receipt of a sworn complaint, and pursuant to the procedures identified in Section X below, the State Bar of may deny, revoke, or refuse to renew certification for any or all of the following reasons:
(1) Providing false information on or with the application for certification;
(2) Fraud, misrepresentation, or mistake in obtaining or renewing certification;
(3) Failure to abide by or violation of the ethical requirements of Section VII, above;
(4) Engaging in the unauthorized practice of law;
(5) Gross incompetence or unprofessional or unethical conduct; or
(6) Conviction of a felony or of a misdemeanor involving fraud, misrepresentation, dishonesty, or false statements.
C. Notice and Appeal of Decision to Deny, Revoke, or Not Renew
Notice of the denial, revocation, or nonrenewal of certification, and the reasons, therefore, shall be given in writing to the applicant by the Program Registrar. Notice will be given by mail to the applicant at the applicant’s address as indicated on the application. The Notice shall advise the applicant that she or he may file, within 30 days of the mailing of the notice, a Request for Reconsideration.
X. Reconsideration of Decision to Deny, Revoke, or Not Renew Certification
A. Request for Review
An applicant whose request for certification or recertification is denied or whose certification is revoked may request reconsideration of the decision. The Request for Reconsideration shall include any additional information or supporting material that the applicant believes will assist the Program Registrar in their consideration of the initial decision.
B. Review and Investigation
(1) The review by the Program Registrar will be de novo.
(2) The Program Registrar may consider any relevant documentary or testimonial evidence, including hearsay evidence, if it is the type of evidence upon which reasonable persons rely.
(3) Rules of privilege shall be effective to the same extent as they are recognized in civil actions.
(4) Incompetent, irrelevant, immaterial, or unduly repetitious evidence may be excluded at the discretion of the Program Registrar.
(5) The review and investigatory record are the property of the State Bar.
(6) Any material that is confidential under applicable law shall remain confidential and shall not be disclosed except in accordance with said law.
(7) If the review and investigation is in response to a sworn complaint filed by a third party, the complainant may be granted the right to be present at any proceeding where the applicant/ SBWCP is present to give testimony, but the complainant shall not be a party to the review proceeding.
C. Decision of the Program Registrar
Upon completion of the review, the Program Registrar will issue a decision typically within 15 business days of receiving the appeal request. If denied, the decision will include the reasons for denial. The decision of the Program Registrar is final and binding.
D. Reapplication Right
Individuals whose certification has been denied or revoked have the right to reapply for certification. The reapplication process includes: (1) Addressing the reasons for the initial denial or revocation. (2) Submitting a new application along with any required documentation and fees. The reapplication will be treated as a new application and will be subject to the standard certification process.
E. Immunity
The Program Registrar, and State Bar staff shall have absolute immunity from civil liability for all acts in the course of their official duties.