Vol. 71, No. 12,
December 1998
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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