Charter Member of the National Federation of Paralegal Associations

1 2 3 4 The Maryland Association of Paralegals, Inc. 5 6 Charter Member of the National Federation of Paralegal Associations 7 8 9 10 Maryland Association of Paralegals, Inc. (“MAP”) 11 Position Statements 12 13On ______, November 17, 2011, the Board of Directors of the Maryland 14Association of Paralegals, Inc. (“MAP”) Board of Directors approved MAP’s its 15Paralegal Standards Committee’s recommendations and adopted the following 16position statements with respect to MAP’s its Definition of Paralegal;, MAP’s 17Mission Statement;, MAP’s Programs;, aand, MAP’s Minimum Standards & 18Qualifications Standards for Paralegals in the State of Maryland, Short-Term 19Paralegal Programs, Regulation, and Disqualification Criteria for Paralegals in 20the State of Maryland. 21 22It is the intent of the Maryland Association of Paralegals, Inc., MAP’s Board of 23Directors in adopting these position statements that they serve as a guide to 24Paralegals paralegals seeking or holding pParalegal positions in Maryland. It is 25also the intent of the Maryland Association of Paralegals, Inc. MAP’s Board of 26Directors in adopting these Minimum Standards & Qualification Standards that 27they serve as a guide for Maryland attorneys, corporations, governmental 28entities, and all other entities who utilize the services of pParalegals. 29 30While MAP recognizes the fact that some attorneys/employers still refer to some 31paralegals as “legal assistants”, generally in Maryland the term ‘paralegal’ refers 32to an individual with more education and/or experience than a ‘legal assistant’. 33MAP prefers to use the term ‘paralegal.’, however, aAny individual being referred

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34to as 'legal assistant', who possesses the credentials of a paralegal (as outlined 35below), should adhere to the following standards set forth herein. 36

37 MAP’s MISSION Mission STATEMENTStatement 38 39The National Federaltion of Paralegal Associations, Inc., of which MAP is a 40Charter founding member, promotes a global presence for the paralegal 41profession and leadership in the legal community.1. To promote and protect 42the general professional interests of paralegals in the State of Maryland. 43 442. To involve paralegals in the shaping of guidelines affecting the regulation 45and development of the paralegal profession. 46 473. To provide a forum for an exchange of viewpoints on matters of 48professional interest. 49 504. To fairly represent both public and private sector paralegal viewpoints and 51interests. 52 535. To foster continuing education and be a resource center for career and 54educational information. 55 566. To keep paralegals informed or national concerns/developments that 57affect the paralegal profession. 58’s mission stat 59 60 MAP’s Definition of PARALEGALParalegal 61 62MAP adopts As defined by the National Federation of Paralegal Associations’ 63(“NFPA”) definition of, a Paralegal paralegal is as a person, qualified through 64education, training, or work experience to perform substantive legal work that 65requires knowledge of legal concepts and is customarily, but not exclusively, 66performed by a lawyer. This person may be retained or employed by a lawyer, 67law office, governmental agency or other entity or may be authorized by 68administrative, statutory or court authority to perform this work. ‘Substantive’ 69shall mean work requiring recognition, evaluation, organization, analysis, and 70communication of relevant facts and legal concepts.

71 72 73 MAP’s Position of PARALEGAL RegulationPar 74 75The American Alliance of Paralegals supports the regulation of paralegals and 76advocates the following components to be a part of any regulatory scheme: 77formal paralegal education, experience, continuing legal education and a Code of 78Ethics. Further, its members recognize that any regulatory scheme and its 79contents (preference for certification, licensure, registration, bar/court rules, etc.) 80will vary in each jurisdiction. The American Alliance will be proactive in 81advocating the supporting regulation that enhances the growth of the paralegal 82profession and will assist any local paralegal organization by responding to 83regulatory activities within that organization’s jurisdiction. 84 85 86 87 MAP’s Position on Minimum Qualification Standards 88 for an Entry Level PARALEGAL POSITIONSParalegall Positions 89 90Educational Requirements 91 92An individual entering the paralegal profession or being considered for an entry- 93level paralegal position must should possess: 94 95 a. A High high Sschool Diplomadiploma, or equivalent, PLUS an entry-level 96 paralegal certificateion*; or, 97 b. A Paralegal Certificate from an American Bar Association (“ABA”) 98 approved Paralegal Certificateschool/program; or, 99 c. An Associate’s Degree degree in Paralegal Studies; or, 100 d. A Bachelor’s degree degree in Paralegal/Legal Studies; or, 101 e. A Bachelor’s degree in any subject and a Paralegal Certificate from an 102institutionally accredited school ((or just ABA approved?as hereinafter defined).; 103or,. 104 105 106 e. EAny American Bar Association (ABA) approved Paralegal 107 Certificate, Associate’s Degree, or Bachelor’s Degree. 108 109Experience Requirements 110 111 *In-house training and/or work experience without any formal paralegal 112 education does not adequately prepare an individual to enter the paralegal 113 profession. In-house training and/or work experience tend to teach individual 114 or office preferences rather than actual proper procedures.; 115 thereforeTherefore, MAP recommends that, absent the educational 116 requirements listed above, that all paralegals entering the field pass one (1) of

117 the two (2) nationally certified entry-level paralegal exams, (NFPA’s 118 Paralegal Core Competency exam (“PCC”) or the National Association of 119 Legal Assistants, Inc. (“NALA”) Certified Legal Assistant/Certified Paralegal 120 exam (“NALA’s CLA/CP”), Exams) to ensure that the paralegal is competent 121 and understands the ethical obligations and professional responsibilities of a 122 paralegal in the profession today. 123

124 A. A paralegal education program that has been approved by the American 125 Bar Association (“ABA”)ABA or that falls under the requirements of the ABA 126 Paralegal Guidelines provides an individual entering the paralegal profession 127 with a solid foundation on which to build a career in the paralegal profession 128 without yet having the experience; therefore, MAP recommends that, absent 129 a program that falls under the guidelines of an ABA- Aapproved Paralegal 130 paralegal Program program, (although the program may not be ABA 131 approved), all paralegals entering the field mustshould pass one (1) of the 132 two (2) nationally certified entry-level paralegal exams (PCC or CLA/CP 133 Exams) that are available upon graduation. 134 135Ethics: MAP recommends that, beginning one (1) year after an individual 136qualifies by virtue of these standards;, he/she shall obtain one (1) continuing 137legal education (CLE) credits annually of ethics in order to maintain professional 138competence and continued compliance with the ethical obligations and 139professional responsibilities of a paralegal./legal assistant. 140 141CLE: MAP recommends that practicing paralegals complete twelve (12) hours of 142continuing legal education every two (2) years, including at least two (2) one 143hours of ethics per year. 144 145 146 MAP’s Position on Qualification Standards 147 for a Skilled & and Experienced PARALEGAL Paralegal Positions 148 149 150Education & and Experience Requirements: 151 152A qualified, skilled and experienced Paralegal paralegal is a person who meets 153one (1) or more of the following standards: 154 155 A. Any individual who has successfully completed the National 156 Federation of Paralegals Associations’NFPA’s Paralegal Advanced 157 Competency Examination (PACE®) and is in good standing as a 158 PACE® Registered Paralegal; OR, 159 160 B. Any individual who has successfully completed at least one (1) of 161 the entry-level paralegal certification exams: (NFPA’s PCC Exam 162 or NALA’s CLA/CP Exam), and is in good standing within their 163 certification requirements, AND has at least two (2) consecutive 164 years of substantive paralegal experience subsequent to passing 165 the Examexam; OR, 166 167 C. Any individual who has a bachelor’s Bachelor’s degree AND 168 completion completed of an ABA approved paralegal program with 169 an institutionally accredited school, (said paralegal program may be

170 embodied in a bachelor’s Bachelor’s degree); and AND two (2) 171 consecutive years of substantive paralegal experience; OR, 172 173 D. Any individual who has a bachelor’s Bachelor’s degree in any 174 course of study obtained from an institutionally accredited school 175 AND three (3) consecutive years of substantive paralegal 176 experience; OR, 177 178 E. Any individual who has an aAssociate’ss degree in paralegal 179 Paralegal studies Studies obtained from an institutionally 180 accredited school, and/or ABA approved paralegal certificate or 181 education program; AND six (6) consecutive years substantive 182 paralegal experience; OR, 183 184 F. Any individual with a high school diploma or its equivalent, AND 185 who has more than eight (8) consecutive years of substantive 186 paralegal experience. 187 188 G. Any individual not meeting at least one of the above qualifications 189 standards should be considered an entry-level paralegal (IF and 190 WHEN they possess one of the entry-level education requirements) 191 UNTIL they meet one of the above qualification standards. 192 193Ethics: It is recommended that beginning one (1) year after an individual 194qualifies by virtue of these standards; he/she shall obtain twelve (12)one 195continuing legal education (CLE) credits annually in ethics in order to maintain 196professional competence and continued compliance with the ethical obligations 197and professional responsibilities of a paralegal/legal assistant. 198 199CLE: MAP recommends that practicing paralegals complete a minimum of 200twelve12 (12) hours of continuing legal education every two (2) years, including 201at least two one (2) hours of ethics per year. 202 203 MAP’s Position on Short-Term PARALEGAL Paralegal Programs 204 205 The Maryland Association of Paralegals (“MAP”) has taken a position on 206short-term paralegal programs because paralegal programs offering an 207inadequate curriculum are detrimental to both paralegal students, and tthe 208paralegal profession and to the legal community. Students paying for paralegal 209programs have the right to expect a curriculum sufficient to prepare them to enter 210the legal field after having achieved a certain level of knowledge and skill. So too 211do eEmployers hiring paralegals have an expectation that paralegals who have 212obtained a paralegal certificate will enter the workforce with knowledge and skills 213appropriate for an entry-level paralegal. Schools offering short-term paralegal 214programs which do not provide a complete paralegal education leave their 215students unable to obtain a position and damage the reputation of the paralegal

216profession not only with employers, , but also in the legal community, and the 217general public . and in the minds ofof t consumers of legal services). MAP, as 218the only professional association of for paralegals in the State of Maryland, has 219a duty to provide candid and thorough information regarding paralegal education 220in Maryland to its members as well as to members of the public and legal 221community who look to MAP for such information. As a charter member of the 222National Federation of Paralegal Associations (“ NFPA”), MAP has incorporated 223recommendations of NFPA regarding appropriate curriculum of short-term 224paralegal programs, as well as those of the American Bar Association’s 225(“AbaBA”) Guidelines For The Approval Of The Education Programs, [Ssections 226G-301-2] (“ABA’s Paralegal Educational Guidelines”), as follows: 227 228 229 Colleges and/or universities offering short-term paralegal programs should 230provide paralegal coursework and appropriate general education which meet the 231following standards: 232 233 A. Post-secondary coursework in substantive and procedural law, the 234 American legal system, law offices and related environments, the 235 paralegal profession, legal research and writing, ethics and areas of legal 236 practice such as those described in the AAfPE’s Core Competencies for 237 Paralegal Programs and/or the ABA’s Paralegal Educational Guidelines 238 by the American Association for Paralegal Education (“AAfPE”); 239 240 B. No fewer than eighteen (18) semester credit hours (or the equivalent) of 241 substantive paralegal courses; 242 243 C. The completion of a minimum of sixty (60) semester credit hours (or the 244 equivalent) of total post-secondary study, which should include general 245 education and legal specialty courses, prior to graduation. A semester 246 credit hour is equivalent to fifteen 15 (15) classroom hours of at least fifty 247 50 (50) minutes in duration. The course offerings may be for credit or not 248 for credit, but should meet these minimum time periods; and 249 250 D. The paralegal education program mustshould be offered by an institution 251 that is: 252 253   An institutional member of the American Association for Paralegal 254 Education (AAfPE”); or 255   A paralegal educational program approved by the American Bar 256 Association (“ABA”)ABA; or 257  A paralegal education program offered by an institution aAccredited by 258 an agency recognized by the United States Department of Education and 259 offering courses at the post-secondary level. 260 261 MAP’s CODE oOF ETHICSo

262 263 1. A paralegal shall not engage in the unauthorized practice of law. 264 2. A paralegal shall keep confidential any and all information, documents and 265 other materials entrusted to him or her or acquired in some other way 266 during the course of the legal representation of a client. The 267 confidentiality shall be maintained before, during, and after the legal 268 representation unless the client has given consent or disclosure as 269 required by law, or by a court order. 270 3. A paralegal shall avoid conflicts of interest and shall immediately disclose 271 any potential conflicts of interest to his or her employer. 272 4. A paralegal shall ensure that his or her status as a paralegal is disclosed 273 at the beginning of any professional relationship with the attorney, client, 274 personnel of a court, or the personnel of an administrative agency. 275 5. A paralegal shall follow all provisions of the rules of professional conduct 276 for a paralegal of the state in which he or she is employed. If no such 277 specific code for paralegals exists, then a paralegal shall follow the 278 attorney’s code of ethics as it applies to paralegals within that state. 279 6. A paralegal shall maintain personal and professional integrity. 280 7. A paralegal shall attain a high degree of competency through education, 281 training, and experience. 282 8. A paralegal shall maintain a high degree of competency by engaging in 283 continuing paralegal education on an annual basis. 284 285 Position on Regulation 286 287 MAP supports the idea of the regulation of paralegals in Maryland, 288although none exists currently in the State of Maryland. MAP further adopts 289NFPA's definition of the regulation of paralegals as the process by which a 290governmental or other entity authorizes general practice in the paralegal 291profession and the use of the title 'Paralegal' to individuals meeting 292predetermined qualifications that include: a) an educational requirement; b) the 293passage of a proficiency based examination; c) continuing legal education; d) 294adherence to a code of ethics; and e) other criteria as required by a 295governmental or other entity. MAP will be proactive in advocating any regulation 296that enhances the growth of the paralegal profession. 297

300 MAP’s Position on Disqualification ying Criteria for 301 PARALEGALSParalegals 302 303An individual should not be employed as a paralegal if he/she: 304 305 1. Is under the supervision of the Department of Corrections, or, 306 2. Is an attorney who has been disbarred or whose license to practice law is 307 suspended. 1 308 309An individual should not be employed as a paralegal if he/she: No person may 310qualify as a paralegal/legal assistant who: 311 312 3. Is under the supervision of the Department of Corrections, or, 313 4. Is an attorney who has been disbarred or whose license to practice law is 314 suspended. 315 316 317 318 319 320 321 322

291 MAP acknowledges that within the State of Maryland it is permissible for a disbarred or 30suspended lawyer to work as a paralegal, provided that proper procedures and constraints are in 31place to assure that the public in general, and clients in particular, are not confused as to the 32person's status as a paralegal. Attorney Grievance Comm'n v. Brennan, 350 Md. 489 (1998); 33Attorney Grievance Comm'n v. James, 340 Md. 318 (1995); In re Murray, 316 Md. 303 (1989). 34

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