Paralegal regulation - why?

All solicitors have an interest to support the project to regulate paralegals, and to take advantage of the scheme finally approved

The Journal, May 2008, page 9

I have no doubt that as the media pick up on the current proposals to regulate paralegals in Scotland by instituting a registration process, the question “Why” will be frequently asked by members of the legal profession. Is this simply another burden to add to all those they currently labour under (not forgetting cost), and what benefit can be gained by their ensuring that their paralegals are registered?

The Scottish Paralegal Association (the professional body for paralegals in Scotland) has been campaigning for several years for some form of regulation to be put in place for those working as paralegals in Scotland. This campaign received little support until 2006 when the Scottish Government began to take a closer interest in the provision of legal services in Scotland, particularly in relation to ensuring that standards were in place for all those involved in the offering of legal advice by the profession, in addition to practising solicitors who are, of course, governed by the Law Society of Scotland regulations. It is currently estimated that there are some 10,000 people working in Scotland as paralegals, and they are found not only in private practice but also in-house in commercial companies, local authorities, courts, insurance companies, etc.

Our current membership covers paralegals with a very wide variety of qualifications and a wide area of employment, but at this time, unless paralegals are members of the SPA, they do not have to meet any grading criteria or standards and therefore there is no comfort for employers that they are qualified and competent to do the role they are employed for. To quote one of our members, “Everyone and their granny appear to be calling themselves paralegals”, and there was frustration among our members that this required to be rectified.

So what is proposed and what are the benefits to solicitors, paralegals and clients? The Law Society of Scotland and the SPA have been working on a joint venture for the past 18 months to put in place a workable regulatory scheme for paralegals. It is proposed that a Law Society of Scotland register of paralegals be put in place, and that paralegals who wish to become registered will require to hold a formal qualification and also to meet competency levels in specific areas of legal work to do so. Registration will automatically give membership of SPA. A consultation paper will be circulated in May to a wide variety of people throughout Scotland to give their views on the current proposals, and we would encourage everyone who is contacted to respond. Requests for the consultation paper, and comment on it, can be sent to registeredparalegal@lawscot.org.uk .

It is the joint view of SPA and the Society that the following are the main benefits to all concerned:

•     certainty as to the level of skills possessed by paralegals – reassuring everyone who deals with them and giving professional recognition to paralegals themselves;

•     reassurance that paralegals have the level of skill required by professional bodies;

•     clear outcomes for those wishing to train paralegals in-house and for education providers;

•     reassurance that the Society and the SPA are taking responsibility for this field – being best placed to define the market through qualifications and standards;

•     competitive advantage: firms with “registered paralegals” working within them will achieve a competitive advantage by employing and offering a highly qualified and skilled workforce to their clients – something which can be used as a very valuable marketing tool in the present competitive climate, particularly for high street firms.

I am also delighted to say that we have the support of the new Scottish Legal Complaints Commission which, although confirming that responsibility for the actions of paralegals lies with the supervising solicitor, is keen to see standards for paralegals put in place. I have heard it suggested that should there be a complaint made by a client regarding work done by a paralegal, if the solicitor can provide evidence that the paralegal has been registered as a Law Society of Scotland registered paralegal, this could provide a defence for the solicitor that he/she has taken all reasonable steps to ensure that the paralegal was competent to do the work, at least in relation to any question of misconduct. Should the paralegal not be registered, then it will no doubt prove a more difficult task to provide this evidence of competency and the solicitor, at the end of the day, may suffer accordingly.

I hope this gives some indication of what is proposed, and both the Law Society of Scotland and the SPA welcome feedback. Please contact us through the email address above.