Standing Committee on Paralegals
The Standing Committee on Paralegals, formerly Standing Committee on
Legal Assistants, is a standing committee of the State Bar of Texas
organized
to promote and assist the legal profession in the use of paralegals.
Below
you will find links to other State Bar related sites, dates and places
of
interest, and the names and addresses of the current officers and
members
of the Committee.
What's Here
- Paralegal Definition
- Texas Paralegal's Creed
- The Texas Forum
- Resources and Links
- Articles
- Current Committee Officers and Members
- Committee Meeting Documents
PARALEGAL
DEFINITION AND STANDARDS ADOPTED BY THE
STATE BAR OF TEXAS
"In 2005, the State Bar of Texas Board of Directors, the State
Bar of Texas Standing Committee on Paralegals, and the Paralegal
Division
of the State Bar of Texas, adopted a new definition for
“Paralegal:”
A paralegal is a person, qualified through various combinations
of
education, training, or work experience, who is employed or engaged
by a
lawyer, law office, governmental agency, or other entity in a
capacity or
function which involves the performance, under the ultimate
direction and
supervision of a licensed attorney, of specifically delegated
substantive
legal work, which work, for the most part, requires a sufficient
knowledge
of legal principles and procedures that, absent such person, an
attorney
would be required to perform the task.
On April 21, 2006, the State Bar of Texas Board of Directors
approved
amending this definition by including the following standards, which
are
intended to assist the public in obtaining quality legal services,
assist
attorneys in their utilization of paralegals, and assist judges in
determining
whether paralegal work is a reimbursable cost when granting attorney
fees:
A. Support for Education, Training, and Work
Experience:
1. Attorneys are encouraged to promote:
a. paralegal attendance at continuing legal education
programs;
b. paralegal board certification through the Texas
Board
of Legal Specialization
(TBLS);
c. certification through a national paralegal
organization
such as the National
Association of Legal
Assistants
(NALA) or the National Federation of
Paralegal
Associations (NFPA); and
d. membership in the Paralegal Division of the State Bar
and/or
local paralegal
organizations.
2. In hiring paralegals and determining whether
they
possess the requisite education,
attorneys are encouraged to
consider
the following:
a. A specialty certification conferred by TBLS; or
b. A CLA/CP certification conferred by NALA.; or
c. A PACE certification conferred by NFPA; or
d. A bachelor's or higher degree in any field together
with
a minimum of one (1)
year of employment experience
performing
substantive legal work under the
direct supervision of a duly
licensed
attorney AND completion of 15 hours of
Continuing Legal Education
within
that year; or
e. A certificate of completion from an ABA-approved
program
of education and
training for paralegals;
or
f. A certificate of completion from a paralegal
program
administered by any
college or university accredited
or
approved by the Texas Higher Education
Coordinating Board or its
equivalent
in another state.
3. Although it is desirable that an
employer hire a paralegal who has received legal instruction
from a formal education program,
the
State Bar recognizes that some paralegals are
nevertheless qualified if they
received
their training through previous work experience. In the
event an applicant does not meet
the
educational criteria, it is suggested that only those
applicants who have obtained a
minimum
of four (4) years previous work experience in
performing substantive legal
work,
as that term is defined below, be considered a paralegal.
B. Delegation of Substantive Legal Work:
"Substantive legal work" includes, but is not limited to, the
following:
conducting client interviews and maintaining general contact with the
client;
locating and interviewing witnesses; conducting investigations and
statistical
and documentary research; drafting documents, correspondence, and
pleadings;
summarizing depositions, interrogatories, and testimony; and attending
executions
of wills, real estate closings, depositions, court or administrative
hearings,
and trials with an attorney.
"Substantive legal work" does not include clerical or administrative
work. Accordingly, a court may refuse to provide recovery of paralegal
time
for such nonsubstantive work. Gill Sav. Ass'n v. Int'l Supply Co.,
Inc.,
759 S.W.2d 697, 705 (Tex. App. Dallas 1988, writ denied).
C. Consideration of Ethical Obligations (See Note*
below):
-
Attorney. The employing attorney has the responsibility for
ensuring
that the conduct of the paralegal performing the services is
compatible
with the professional obligations of the attorney. It also remains
the obligation
of the employing or supervising attorney to fully inform a client
as to
whether a paralegal will work on the legal matter, what the
paralegal's
fee will be, and whether the client will be billed for any
nonsubstantive
work performed by the paralegal.
-
Paralegal. A paralegal is prohibited from engaging in the
practice
of law, providing legal advice, signing pleadings, negotiating
settlement
agreements, soliciting legal business on behalf of an attorney,
setting
a legal fee, accepting a case, or advertising or contracting with
members
of the general public for the performance of legal
functions.
*************
*Note: a more expansive list is included in the "General
Guidelines
for
the Utilization of the Services of Legal Assistants by Attorneys"
(pdf)
approved
by the Board of Directors of the State Bar of Texas, May, 1993.
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Texas Paralegal's Creed
Download the Texas
Paralegal's Creed [PDF].
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The Texas Forum
Since November 1982, this committee has sponsored the Texas Forum, an
annual conclave of attorneys, paralegals, educators, and paralegal
managers, who meet to discuss paralegal utilization best practices and
professional development practices. On Feb. 25, 2011, in Dallas, the
Committee hosted Texas Forum XXVIII on "The Gray Area for Lawyers and
Paralegals: Ethical Vulnerabilities Created by Business Scandals and
Social Media." There were 125 attendees.
Resources and Links
Publications and Guides
Links
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Articles
If you have an article of interest relating to paralegals,
utilizing paralegals in a legal setting, etc., please contact Paralegals
Committee Vice Chair Darla Fisher at dfisher@lcalawfirm.com.
Current Officers and
Members
CHAIR
Linda Thomas, Chief Justice (Ret.)
JAMS – The Resolution Experts
8401 N. Central Expwy., Ste. 610
Dallas, TX 75225
Tel: (214) 744-5267
lbthomas@sbcglobal.net
VICE CHAIR
Darla Fisher
Lynch Chappell and Alsup
300 N. Marienfeld St., Ste. 700
Midland, TX 79701
Tel: (432) 683-3351
dfisher@lcalawfirm.com
BOARD ADVISOR
T. Mark Kelly
ALTERNATE BOARD ADVISOR
Ike Vanden Eykel
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Member Terms Expiring 2012
Miriam L. Ackels
Ackels & Ackels, PC
3030 LBJ Fwy., Ste. 1550
Dallas, TX 75234
(214) 267-8600
miriam@ackelslaw.com
Jose Luis Bravo
Public Defenders’ Office
1223 S. Kansas
San Juan, TX 78589
(956) 292-7040
jbravo74@yahoo.com
Jacqueline A. Brennan, Advisory Member
Houston, TX
(713) 824-2874
jacbrennan@gmail.com
Page A. Duff
2711 N. Haskell, Ste. 900
Dallas, TX 75204
(214) 874-2894
page_duff@hotmail.com
Darla J. Fisher, Public Member
Lynch Chappell and Alsup
300 N. Marienfeld St., Ste. 700
Midland, TX 79701-4385
(432) 683-3351
dfisher@lcalawfirm.com
Robert M. Freedman
Mulder & Freedman, PC
4545 Mount Vernon
Houston, TX 77006
(713) 721-5657
rmfreedman@medicaidhelp.net
Michele Jura
Office of the Attorney General
408 Bushick Dr.
San Antonio, TX 78223
(210) 337-5440
michelejura@yahoo.com
Allen Mihecoby, Public Member
BNSF Railway Co.
PO Box 190987
Dallas, TX 75219
(817) 352-2371; fax (817) 352-7635
allen.mihecoby@bnsf.com
Andree Rosen
Midland College
5002 Thames Ct.
Midland, TX 79705
(432) 685-4660
arosen@midland.edu
Paul Taparauskas
Harris Co. Flood Control District
9900 Northwest Fwy.
Houston, TX 77092
(713) 684-4004
paul.taparauskas@hcfcd.org
Pamela H. Young, Advisory Member
Lonergan Law Firm
Dallas, TX 75243
pyoung@lonerganlaw.com
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Member Terms Expiring in 2013
Rhonda J. Brashears
Underwood, Wilson, Berry, Stein, Johnson
PO Box 9158
Amarillo, TX 79105
(806) 376-5613
rhonda.brashears@uwlaw.com
Gregory Lynn Crossett
Texas State University
601 University Dr.
San Marcos, TX 78666
(512) 245-2233
lc25@txstate.edu
Conrad Bruce Guthrie
Law Office of Conrad Guthrie
2426 Carriage Lamp
The Woodlands, TX 77384
(713) 898-3423; fax (888) 666-2801
conrad@conradguthrie.com
Christopher Howe
Kelly Hart & Hallman
201 Main St., Ste. 2500
Fort Worth, TX 76102
(817) 878-3568
chris.howe@khh.com
Suzanne Kiefer, Public
Member
KIP Connections LLC
6757 Arapaho, Ste. 711-285
Dallas, TX 75248
(214) 683-5662
skiefer@kipconnections.com
John B. Strasburger
Weil Gotshal & Manges, LLP
700 Louisiana, Ste. 1600
Houston, TX 77002
(713) 546-5000
john.strasburger@weil.com
Lynette Tatum
McMahon, Surovik, Suttle, PC
400 Pine St., Ste. 800
Abilene, TX 79601
(325) 676-9183
ltatum@mcmahonlawtx.com
Mark A. Ticer
4144 N. Central Expwy., Ste. 1255
Dallas, TX 75204
(214) 219-4220
mticer@ticerlaw.com
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Member Terms Expiring in 2014
Roberta J. Hegland
The Hegland Law Firm
98 San Jacinto Blvd., Ste. 2000
Austin, TX 78701
(512) 524-2842
Roberta@heglandlawfirm.com
Andres Abif Lopez
McAllen, TX 78504
andresabif_law@live.com
Rhonda Bear Mates
Brown McCarroll LLP
111 Congress Ave., Ste. 1200
Austin, TX 78701
(512) 479-9765
rmates@brownmccaroll.com
Michele Rayburn, Public Member
Wallach, Andrews & Stouffer PC
550 Bailey Ave., Ste. 500
Fort Worth, TX 76107
(817) 338-1707
m.rayburn@wallach-law.com
Sandra Kay Redburn, Public Member
The Webb Law Firm
325 N. St. Paul St., Ste. 4450
Dallas, TX 75201
(214) 871-2730
kay@webbfamilylaw.com
Linda Thomas, Chief Justice (Ret.)
JAMS – The Resolution Experts
8401 N. Central Expwy., Ste. 610
Dallas, TX 75225
(214) 744-5267
lbthomas@sbcglobal.net
Nancy A. Thomas
Attorney/Arbitrator
(214) 924-4628
natlaw@nathomas.com
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Committee
Meeting
Documents
October 10, 2008
February 27, 2009
October 23, 2009
October 15, 2010
February 25, 2011
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