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VIRGINIA PENINSULA PARALEGAL ASSOCIATION
Virginia
Peninsula Paralegal Association (VAPPA)
EDUCATIONAL STANDARDS AND PROFESSIONAL RESPONSIBILITY
GUIDELINES FOR PARALEGALS IN THE COMMONWEALTH OF VIRGINIA
(c) 1995 VAPA
Developed by the Virginia Alliance of
Paralegal Associations (formerly Virginia Alliance of Legal
Assistant Associations) And Adopted September 19, 1994
Recommended by the Virginia State Bar
Standing Committee
On Unauthorized
Practice of Law by Resolution
Adopted March
8, 1995
These Educational Standards and Professional
Responsibility Guidelines are intended to serve as a general guide
embracing the qualifications and assignments of the paralegal.
Specific questions may be addressed to the Virginia Alliance of
Paralegal Associations.
All paralegals shall strive to
contribute to the delivery of high quality legal services by
encouraging and promoting the growth and development of the legal
profession in general.
The Virginia Alliance of
Paralegal Associations (formerly the Virginia Alliance of Paralegal
Associations), formed in 1989, is comprised of paralegal
associations and individual area liaisons located within the
Commonwealth of Virginia. It represents over 1,500 paralegals across
the state.
SCOPE AND PURPOSE
These
Educational Standards and Professional Responsibility Guidelines
have been promulgated to assure the public and the legal profession
that, in addition to good moral character and professionalism, an
individual must meet certain standards to attain the identification
of paralegal, and must perform competently under established
guidelines. In addition to these Guidelines and the Virginia Rules
of Professional Conduct, the paralegal must be cognizant of the
American Bar Association Model Code of Professional Responsibility
and Model Rules of Professional Conduct.
DEFINITION OF
A PARALEGAL
The American Bar Association recognizes
and has formulated guidelines for the utilization of paralegals.
Although there are several formal definitions of a paralegal* in
general, a paralegal is a specially trained individual who performs
substantive legal work that requires knowledge of legal concepts.
Paralegals either work under the supervision of an attorney, who
assumes professional responsibility for the final work product, or
work in areas where lay individuals are explicitly authorized by
statute or regulation to assume certain law related
responsibilities.
*The term paralegal is used
interchangeably with the term legal assistant. Paralegal has been
used throughout this document to maintain consistency in
terminology.
EDUCATIONAL STANDARDS
The purpose of these Educational Standards is to set forth
minimum qualifications for paralegals in varied areas of law,
acquired through formal education, training and work experience.
These Educational Standards offer the employing attorney direction
in determining an individual's qualifications as a paralegal.
An individual meeting any one of these standards of
education, training or work experience shall be deemed qualified as
a paralegal.
STANDARD I
GRADUATION FROM AN
EDUCATIONAL PROGRAM FOR PARALEGALS WHICH HAS BEEN APPROVED BY THE
AMERICAN BAR ASSOCIATION, OR FROM A COURSE OF STUDY FOR PARALEGALS
WHICH IS INSTITUTIONALLY ACCREDITED** AND WHICH IS IN COMPLIANCE
WITH AMERICAN BAR ASSOCIATION GUIDELINES.
COMMENT
Institutions offering educational programs for paralegals
may voluntarily seek approval from the American Bar Association.
Many programs offered in accredited, but not ABA approved,
institutions may meet guidelines established by the American Bar
Association.
**In Virginia, institutionally accredited
schools are those accredited by the Southern Association of Colleges
and Schools Commission on Colleges.
STANDARD II
ACHIEVEMENT OF ANY OF THE FOLLOWING:
(A) A
BACCALAUREATE DEGREE PLUS EITHER OF THE FOLLOWING: (1) AT LEAST ONE
YEAR EXPERIENCE AS A PARALEGAL; OR (2) A MINIMUM OF 24 SEMESTER
CREDIT HOURS OR THE EQUIVALENT OF PARALEGAL SPECIALTY COURSES; OR
(B) (1) ASSOCIATE'S DEGREE IN PARALEGAL STUDIES WITH 60
SEMESTER CREDIT HOURS OR THE EQUIVALENT, INCLUDING A MINIMUM OF 24
SEMESTER CREDIT HOURS OR THE EQUIVALENT OF PARALEGAL SPECIALTY
COURSES; OR (2) ASSOCIATE'S DEGREE IN ANY SUBJECT (60 SEMESTER
CREDIT HOURS OR THE EQUIVALENT) PLUS A MINIMUM OF 24 SEMESTER CREDIT
HOURS OR THE EQUIVALENT OR PARALEGAL SPECIALTY COURSES; OR
(C) EXPERIENCE AS A PARALEGAL UNDER THE SUPERVISION OF AN
ATTORNEY FOR FIVE YEARS OR MORE;
(D) SUCCESSFUL COMPLETION
OF A CERTIFYING EXAMINATION RECOGNIZED BY THE VIRGINIA ALLIANCE OF
PARALEGAL ASSOCATIONS WHICH IS SPECIFICALLY DESIGNED FOR PARALEGALS
AND THE CONTINUED MAINTENANCE OF THAT CERTIFICATION STATUS.
COMMENT
A combination of formal education,
training, or work experience should provide the paralegal with the
requisite competence, professionalism, and broad exposure to the law
necessary to the legal profession. Paralegals should participate in
continuing legal education and remain current on legal developments
in their specialty areas.
PROFESSIONAL
RESPONSIBILITY GUIDELINES
The following Professional
Responsibility Guidelines provide a basis for the supervising
attorney and paralegal as standards of performance, professional
responsibility, and course of conduct.
GUIDELINE I
A PARALEGAL SHALL NOT ENGAGE IN THE UNAUTHORIZED PRACTICE OF
LAW AND SHALL NOT ENCOURAGE OR CONTRIBUTE TO ANY ACT WHICH COULD
CONSTITUTE THE UNAUTHORIZED PRACTICE OF LAW.
COMMENT
The practice of law relates to the rendition of services for
others that calls for the professional judgment of an attorney. A
paralegal shall not give legal advice or opinions, accept cases, set
fees, or represent a client in court (unless authorized by court or
agency rules), or perform acts that attorneys themselves may not do.
Except as stated above, a paralegal may perform any task
delegated and supervised by an attorney, as long as the attorney is
responsible to the client, maintains a direct relationship with the
client, and assumes full professional responsibility for the work
product.
GUIDELINE II
A PARALEGAL MAY NOT
REPRESENT A CLIENT BEFORE ANY COURT OR ADMINISTRATIVE AGENCY UNLESS
EXPRESSLY PERMITTED BY STATUTE OR ADMINISTRATIVE REGULATION.
COMMENT
A paralegal may not appear in court
to plead, to try cases to argue on behalf of another person, or to
sign pleadings, except as expressly permitted by statute, court, or
administrative agency regulation. This does not, however, prohibit a
paralegal from signing documents as a witness or notary public, or
in some other non-representative capacity, and does not prohibit
drafting of documents or pleadings under the supervision of an
attorney.
GUIDELINE III
A PARALEGAL MAY
PERFORM SERVICES FOR AN ATTORNEY IN REPRESENTATION OF A CLIENT,
EXCEPT AS OTHERWISE PROHIBITED BY STATUTE, COURT RULE OR DECISION,
ADMINISTRATIVE AGENCY RULES OR REGULATIONS, OR BY RULES OF
DISCIPLINE RELATING TO ATTORNEYS.
COMMENT
Except as specifically prohibited, a paralegal may perform
assignments to assist any attorney in the representation of a
client, provided that,
(1) the services do not require legal
advice or opinion or constitute the unauthorized practice of law;
(2) the attorney maintains a direct relationship with the client
and supervises all matters;
(3) the attorney remains fully
responsible for all work done on behalf of the client and for any
actions taken or not taken by the paralegal;
(4) the work
product of the paralegal is considered to be part of the attorney's
work product.
GUIDELINE IV
A PARALEGAL MUST
DISCLOSE PROFESSIONAL STATUS AT THE BEGINNING OF ANY PROFESSIONAL
CONTACT.
COMMENT
In order to prevent any
misunderstanding concerning the role of the paralegal, it is
imperative that clients and others outside the law firm are advised
that the paralegal is not an attorney.
GUIDELINE V
A PARALEGAL MUST PRESERVE AND PROTECT THE CONFIDENCES AND
SECRETS OF A CLIENT AS WELL AS THOSE INVOLVING ATTORNEY/CLIENT
PRIVILEGE.
COMMENT
A paralegal must preserve
and protect the confidences and secrets of a client made either to
the paralegal or the attorney and must not violate controlling
privileged communication.
GUIDELINE VI
A
PARALEGAL MAY NOT ENGAGE IN CONDUCT WHICH WOULD CAUSE THE ATTORNEY
TO BE CONSIDERED UNETHICAL OR EVEN APPEAR TO BE UNETHICAL.
COMMENT
A paralegal shall strive to maintain
the high level of integrity and competence expected of the legal
profession. A paralegal shall report any unethical practice of an
attorney or a paralegal to the appropriate professional authority. A
paralegal shall strive to uphold the high standards of ethics and
shall comply with the responsibilities imposed by statute or rules
of court.
GUIDELINE VII
A PARALEGAL SHALL NOT
SHARE LEGAL FEES.
COMMENT
An attorney or law
firm shall not share legal fees with a paralegal. This does not,
however, deny the paralegal a salary or bonus, or benefits related
to overall performance, but relates to compensation directly
involving a particular legal fee or a percentage of profits of the
attorney or law firm.
GUIDELINE VIII
A
PARALEGAL SHALL NOT FORM A PARTNERSHIP WITH AN ATTORNEY IF ANY OF
THE ACTIVITIES OF THE PARTNERSHIP CONSIST OF THE PRACTICE OF LAW.
COMMENT
This Guideline does not prevent the
paralegal from forming a business association with a member of the
legal profession for purposes other than that of the practice of
law.
GUIDELINE IX
A PARALEGAL SHALL NOT
PARTICIPATE IN MATTERS WHERE THERE MAY BE A CONFLICT OF INTEREST.
COMMENT
A paralegal shall not participate in
any matter in which a conflict of interest could have an influence
on the exercise of judgment by the attorney. The personal, social,
or business relationship or other nature of conflict must be
disclosed to the attorney.
GUIDELINE X
A
PARALEGAL MAY HAVE A BUSINESS CARD AND MAY BE INCLUDED ON THE
LETTERHEAD OF AN ATTORNEY OR LAW FIRM PROVIDED THAT THE PROFESSIONAL
STATUS OF THE PARALEGAL IS DESIGNATED.
COMMENT
A paralegal may sign letters on an attorney's letterhead,
provided that such signature is followed by the appropriate
designation of the paralegal's professional status.
GUIDELINE XI
A PARALEGAL MUST MAINTAIN A HIGH
LEVEL OF PROFESSIONAL COMPETENCY BY ACTIVELY PURSUING CONTINUING
LEGAL EDUCATION.
COMMENT
The Virginia
Alliance of Paralegal Associations recognizes, endorses, and
encourages participation in continuing legal education courses
sponsored by various Bar associations, paralegal associations, and
educational institutions.
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