NALP Paralegal News

Consultation on National Occupational Standards for Paralegals

Friday 18th November 2011 2:24 PM

The Proposals on the Provision of National Occupational Standards for Paralegals by Skills for Justice

The National Association of Licensed Paralegals (NALP) is the professional and membership body representing Paralegals. There are an estimated 200,000 paralegals currently working in England and Wales.

Alongside Solicitors and Legal Executives, Paralegals have rights of audience before District Judges in chambers and rights of audience before most Tribunals. Paralegals are also eligible to apply as first tier judges of tribunals.

The Legal Services Act 2007 has recognised that other legal providers, such as Paralegals, play a significant role in the legal system and has given them the right to run their own businesses in partnership with lawyers, and in the future, with other commercial legal services providers.

Paralegals are considered a profession in their own right and are able to undertake many activities that solicitors do, except for certain reserved activities. Paralegals may have their own caseload and can represent clients in the small claims court where necessary.

NALP Paralegals must adhere to a code of conduct and Licensed Paralegals are required to undertake continue professional development in order to keep themselves up to date in the law.

NALP strives to provide policy responses to consultations and commences consultations with its members in order to adequately represent their members' views.

Introduction

1. This NALP consultation seeks views on proposals by Skills for Justice to introduce National Occupational Standards (NOS) for Paralegals.
2. This is a general consultation exercise by NALP with its members in respect of the proposed NOS.

Executive Summary

3. NALP accepts the importance of securing NOS for Paralegals and has campaigned for this for many years. However, NALP feel that there should have been regular consultations with NALP prior to commencing detailed talks with Solicitors who have been deemed to be the employers.

The focus of the announcement by Skills for Justice that a steering group has been set up, for which NALP has been invited to send one representative, appears to have been almost exclusively with Solicitors and not with Paralegals or their Professional bodies.

4. The lack of consultation has been brought to the attention of Skills for Justice and NALP hopes that Skills for Justice does not lose sight of the fact that Paralegals are not only employed by solicitors as many work in commerce, local authorities and as sole practitioners.

In order to maintain diversity and equality, and in the interests of choice and protection of the general public, NALP hopes that Skills for Justice will ensure that the steering group is equally made up of all stakeholders and not biased in any way that could be prejudicial to the reputation that NALP members have gained during the last 24 years.

NALP has expressed its concerns over the lack of definition for Paralegals and does not think this issue has been consulted on. The sheer magnitude of deciding on definitions for Paralegals should, in NALP's, view be decided by Professional Paralegal bodies in consultation with their members.

It is further, NALP'S view, that NOS cannot be written until such definitions are agreed upon.

5. NALP accepts that National Occupational Standards are useful for employers as a bench mark. However, applying a one-size-fits-all for Paralegals who have a range of skills, abilities and experience, would be detrimental to the Paralegal profession.

Paralegals are not just support staff for solicitors and have a role to play as independent professional providers of legal services.

6. Moving forward, NALP is of the opinion that the following ideas would be more appropriate as opposed to indiscriminate standard setting
NALP is keen to see more being done by Solicitors, Barristers and Legal Executives to ensure better integration of Paralegals as an entirely independent profession. Furthermore, NALP and other Paralegal bodies, should play a significant role in determining National Occupational Standards.

NALP is alarmed at the swift nature of the decision making by Skills for Justice and urge them to reconsider their timetable in this matter to ensure that proper consultation has taken place.

NALP is further alarmed that Paralegals and associated Professional bodies are to be severely under represented on the steering committee and that due consideration to our concerns have not been adequately addressed.
The Proposal

7. NALP is concerned that the proposals will:

• Undermine NALP who looks after the interests of Paralegals.
• Undermine the work of Paralegals by not recognising them as a separate profession.
  
• Potentially put some Paralegals out of work through lack of meeting the new NOS.
  
• Decisions being made in the absence of adequate and fair representation by all parties (currently 14 solicitor firms are being represented, with only 1 place for an NALP representative) who have an interest in this matter (impacting on the quality of decision making, leading to the likelihood of more discussions adding further to costs).
  
• A set of standards being produced without adequate pre consultation that could affect paralegal training providers.
  

Consultation and conclusions

8. Given the ramifications of these proposals, it is incumbent on Skills for Justice to be clear that they are getting it right according to all the correct evidence and circumstances. NALP has been alarmed by the lack of consultation and the timing of the proposed steering committee meetings taking place, when it is clear that other stakeholders have not been considered.

9. NALP is not convinced that NOS written with such speed, without full and due consideration of this multifaceted profession, will bring anything other than chaos to the profession as a whole.

10. NALP would urge Skills for Justice to delay the onset of a steering committee to enable NALP and other Paralegal Professional bodies to discuss the wider issues surrounding the promotion of Paralegals, including a clear definition of what a Paralegal is and then write NOS accordingly.

11. NALP has requested adequate representation on the Steering Group (2 persons) and is waiting for a response from Skills For Justice.

12. Finally, NALP is disappointed to note that Skills for Justice appear to have misunderstood the nature of the wide variety of work that paralegals do, and have chosen to listen, in the main, to large solicitors' practices which may wish to run their own training programmes in-house.

Your Views

NALP invites its members to share its views with us. We will be emailing all members asking them to complete our short survey.

Request the survey questions on consultation by emailing membership@nationalparalegals.co.uk

A copy of the consultation will be forwarded to Skills for Justice for their views.

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