28 | September/October 2022 | BAEC Bulletin PARALEGAL CORNER Paralegal Certification and Licensure - what’s all the buzz about?
As pointed out in Margaret Phillips’ last article, certification and licensure of paralegals varies across the United States. In New York state, there are no specific qualifications for an individual to be employed as a paralegal. For many years, law firms and others who employed paralegals have relied upon education and/or work experience when hiring a paralegal. However, over the past twenty (or more) years the legal landscape in this country has changed. Many paralegals have decided to become certified by a national paralegal association such as the National Federation of Paralegal Associations (“NFPA”) or The Paralegal Association (“NALA” f/k/a the National Association of Legal Assistants). In October 2021, in her Spotlight on Paralegals column, Phillips introduced the Erie County Bar Bulletin readers to the Empire State Alliance of Paralegal Associations’ (ESAPA) New York State Certified Paralegal Program (“NYSCP®”). ESAPA is the New York state-wide paralegal alliance of local associations. In ESAPA, paralegals from across New York state made the decision, after many years of hard work and determination, to create a “Certified” option for New York paralegals who have achieved certain educational and career goals. After earning my paralegal certificate I became a member of the Western New York Paralegal Association (WNYPA) which meant I was also a member of ESAPA and NFPA. I soon realized the benefits of belonging to professional organizations especially the networking and educational opportunities. Serving on the board of all these organizations I have always advocated for certification and CLE for paralegals. In 2012 I passed the PACE certification exam administered by NFPA which meant I was now a Registered Paralegal (RP). However in New York state there were still no requirements for individuals working as paralegals. In 2018 I was elected President of ESAPA and at the Fall 2019 meeting, the board of directors and delegates of the member associations of ESAPA unanimously decided to proceed with creating a state- wide voluntary certification program. The board of
directors, delegates and many paralegals from across the state worked tirelessly to implement the program and in the spring of 2021 launched the program. Paralegals whose education, training, and work experience have equipped them with the knowledge, skills and proficiencies to perform substantive legal work in a professional and ethical manner may qualify to become an NYSCP®. The NYSCP® credential distinguishes qualified paralegals and offers employers a standard for hiring and promoting paralegals. In order to maintain the credential, a paralegal must earn a minimum of twelve (12) CLE credits every two (2) years. At least one (1) of the required CLE credits must be in Ethics. For more information on ESAPA’s program, including requirements and fees, check out their website: https://www.empirestateparalegals.org/certification- nyscp/. Access to justice, helping those in need of representation, is something on the minds of many across the nation. In New York, Judge Jonathan Lippman spoke often about the need to bridge the gap in access to justice and in 2013 launched The Committee on Non-Lawyers and the Justice Gap 1 . The Committee was set up to “seek input and make recommendations for a system to expand the role of non-lawyers in the delivery of legal services.” A November 2021 article by the Institute for the Advancement of the American Legal System, quoting Justice Deno Himonas, advocated to keep moving in the direction of nonlawyer assistance in bridging the gap in access to justice. According to the article: “Justice Deno Himonas of the Utah Supreme Court said it best: ‘We cannot volunteer ourselves across the access-to-justice gap. We have spent billions of dollars trying this approach. It hasn’t worked. And hammering away at the problem with the same tools is Einstein’s very definition of insanity.’ It’s time for more states to empower other types of capable, skilled professionals to provide much-needed legal services.” 2 As stated above, this is a topic that has been discussed for many years and has recently been brought to the forefront of many state attempts to assist in pro bono efforts and aiding in bridging the access to justice
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