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Debate Over Paralegal Certification Continues in Newyork

Written by Peter L. Hopper    Monday, 26 December 2011

Should paralegals be certified? That is a question often debated in New York and across the United States. The American Bar Association has been certifying paralegal education programs since 1975, but it doesn’t certify paralegals, specifically. For other organizations that do provide such certification, the weight it carries can vary and the need for it has yet to be determined. “[This] been an ongoing discussion with our members for years,” said Pat Sexstone, Paralegal Association of Rochester president. The ABA acknowledges the ongoing paralegal certification issue on its website. Sexstone estimated that only about 10 of the over 100 members of PAR have some kind of certification. On June 11, Monroe Community College will be one of 12 sites nationwide to host a paralegal certification test called the Paralegal CORE Competency Exam. The test was developed by the National Federation of Paralegal Associations and is designed for beginning- to mid-level paralegals. Successful completion of the test, however, is not required by any state or bar association to become a paralegal or a legal assistant. Professor Elizabeth Clifford, director of the MCC Paralegal Studies Certificate Program, said the school is not administering the test but is providing it as a service to students. “It’s an issue that has plagued the profession,” Clifford said. “Clearly, there are a lot of people that want this [voluntary certification] but the issue has yet to be resolved.” The testing requirements for certification from leading organizations such as the National Association of Legal Assistants and NFPA vary, but they do try to provide standards for an industry that is largely unregulated. Even a clear definition of the terms “paralegal” and “legal assistant” has proven difficult. Clifford said different groups have different definitions but in general, the terms are now interchangeable. Sexstone said certification can help weed out a seemingly large number of people who “call themselves paralegals but don’t know anything about it.” Rochester-area paralegal employers typically don’t require a paralegal candidate to have certification. “It depends on what they’re looking for but usually they prefer experience,” said Jarie Doberstein, paralegal employment recruiter with Bailey Personnel Consultants. “Some firms may ask for it as being desirable but it’s not necessary.” An education from an ABA-approved program, such as the one provided at MCC, is something employers look for. Although there are a number of schools offering a paralegal education in the Rochester area, only MCC’s program is ABA approved. Finger Lakes Community College and Syracuse University also have ABA-approved programs. Doberstein thinks paralegal certification may be used more by New York City employers than Rochester area employers, who give successful experience more credibility than certification. Paralegals have to work their way up here to gain employers’ trust, Doberstein said, and that trust doesn’t necessarily come through certification. Clifford said it’s difficult to come up with acceptable criteria for certification. “The field is broad, the law is broad,” she said. “There are a lot of questions about certification tests. Does it test everything a paralegal should know?” The debate is anything but settled. However, the Empire State Alliance of Paralegal Associations is proposing a voluntary certification program to help prevent untrained individuals from making unsubstantiated claims. The proposal calls for certifying those who meet criteria such as: 1) graduation from an ABA certified education program; 2) requiring at least eight years of full-time paralegal experience; or 3) receiving certification from another state or passing a certifying organization’s exam. The Paralegal Association of Rochester is a member of the Empire State Alliance, but did not have an opportunity to examine the proposal as of Monday.

Last Updated ( Monday, 26 December 2011 )