22 | November/December 2021 | BAEC Bulletin
Do You Need a Paralegal? BY MARGARET PHILLIPS
Do You Need a Paralegal? Read this.
the National Federation of Paralegal Associations (see their website for more information on their Paralegal Competency exams: https://www.paralegals.org/i4a/ pages/index.cfm?pageid=3294 ), there is now a homegrown option. Our own state-wide organization of ALL local paralegal organizations, the Empire State Alliance of Paralegal Associations, recently rolled out its Certification program. According to this new program, a paralegal can call themselves a New York State Certified Paralegal if they meet specific requirements, which includes a list of Educational /Experience options. For more information on ESAPA’s program, check out their website: https://www.empirestateparalegals.org/certification-nyscp/ Third, are you aware that the American Bar Association approves paralegal studies programs? We know the ABA accredits law schools, but they also officially “approve” paralegal studies program. ABA approval requires the program to offer at least 18 credits of substantive “legal specialty” courses which must be taught by a lawyer and which require students to complete substantial hands-on realistic paralegal projects. Required courses include Legal Research and Writing and Law Office Technology. Genesee Community College, Monroe Community College, and Daemen College all have ABA-approved paralegal studies program. Fourth, what can you do to support (and hopefully keep) the paralegals that you have? Supporting them with continuing legal education can be a start. Western New York Paralegal Association offers a reasonable membership fee and monthly lunches (now virtual) with lawyers and paralegal speaking on legal topics. The National Federation for Paralegal Associations also offers continuing legal education. Lastly, as a member of the legal community, what can you do to increase the numbers of paralegals in our legal community? The U.S. Bureau of Labor Statistics has reported a faster than average growth in the need for paralegals for many years. However, many people, including most high school students, do not even know what a paralegal is. It can be a rewarding job and can also be a stepping stone to law school. Law schools look favorably on students with a paralegal education and on applicants with paralegal experience. Spread the word! •
The demand for paralegals seems to be high right now – like the demand for so many workers. If you are looking for a paralegal, here are some things to think about. First, are you aware of the average salary for paralegals? According to the U.S. Bureau of Labor Statistics, the average salary in Buffalo, Cheektowaga, and Niagara Falls is $48,530. The average hourly wage is $23.33. Of course, this is not necessarily a starting salary, but these figures might be good to keep in mind. The U.S. Bureau of Labor Statistics has specific information on the paralegal profession, and updates the information yearly. (link: https://www.bls.gov/ooh/legal/paralegals-and-legal- assistants.htm). Second, do you know the difference between the various educational qualifications? Of course, many paralegals are trained on the job, and you can discover their skills in the interview. Also, there is no requirement in New York for any specific type of training or education in order to call yourself a paralegal. Paralegals are not regulated by New York State, unlike lawyers. In terms of educational programs, a prospective paralegal could earn an Associate degree, a Bachelors of Science degree, or a Certificate. Some want ads request that the paralegal applicant have a “certificate” or be “certified.” A “certificate” and being “certified” is not the same thing. Basically, a “certificate” means the student has completed a paralegal education program; whereas “certified” means the paralegal has completed a certifying exam by a (private) certifying organization. https://www.paralegals.org/files/ls_prlgs_ diff_bet_paralegal_certificate_certification_authcheckdam. pdf Regarding certificates, there is no uniform definition of Paralegal Certificate under New York State law. Although a college would have to submit the plans for their Certificate to the New York State Department of Education, there are no requirements for what that Certificate program must include, or the pre-requisites for the Certificate program. (Full disclosure: I am the Director of Daemen College’s Paralegal Studies program, which has both a B.S. and a Certificate). Some Certificate programs, like the one at Daemen College, require that the student have a Bachelor’s degree. However, there is no requirement that a Certificate have this prerequisite. Any “certification” of paralegals would be by a private organization. There is exciting news on this front. While one of the principal organizations used by New York paralegals for additional credentials has been
MARGARET PHILLIPS, J.D. Associate Professor / Director Daemen College mphillip@daemen.edu
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