Legal Assistants Committee

Common Questions Re: Legal Assistants

By Sandy Keaton-Hardin

How Does Someone Become a Legal Assistant or Paralegal and What Is the Difference?

There is no specific standard or set of qualifications one must achieve to become a legal assistant. Many options are available to you. First of all, many legal secretaries have moved into legal assistant positions by virtue of on-the-job experience. Bottom line however, it is the law firm/lawyer employer who will ultimately set the job requirements for becoming a legal assistant. Such requirements may be a baccalaureate degree or higher, a certificate of completion from a paralegal program, legal experience or some combination of the three areas. Achieving Board Certification by the Texas Board of Legal Specialization and CLA status by the National Association of Legal Assistants in Tulsa, Oklahoma are also given some consideration as a requirement for a legal assistant position (see further explanation of these certification programs in this text). Many personal injury and insurance defense law firms, for example, hire nurses as legal assistants as they are familiar with medical terms and trained in understanding bodily injury relative to medical records. As for the difference between a legal assistant and paralegal, there is none. The State Bar of Texas has traditionally used the term "legal assistant", but many law firms use the term "paralegal". The terms are interchangeable.

Does a Paralegal Have to Be Licensed or Registered by The State Bar of Texas or by The State?

No, there are no requirements or mechanism for the licensing or registration of legal assistants. The school of thought is that legal assistants work under the supervision of a licensed attorney who assumes full responsibility for the work product. Generally speaking, licensing of professions is necessary as a means of protecting the public interest. A legal assistant ordinarily cannot represent a member of the public in a legal circumstance, so therefore, no need has yet been shown for a licensing requirement. For somewhat the same reason, there is no formal registration requirement although, the Legal Assistants Division of the State Bar of Texas does maintain a directory of Division members (see #8).

Which Paralegal Schools Are Approved by The State Bar of Texas?

The State Bar does not approve or rank paralegal programs. Several years ago, the State Bar Standing Committee on Legal Assistants adopted a resolution stating that lawyers were not the appropriate body for evaluating and critiquing curriculum and setting standards for academia. There are two state government agencies having jurisdiction over paralegal programs in Texas: The Coordinating Board, Texas College and University System (which oversees public four year universities and community/ junior colleges) and the Texas Education Agency which accredits proprietary (public) programs.

There are several types of paralegal programs offered in the state. Masters and Graduate level programs require a baccalaureate degree for admission, and four year universities offer baccalaureate degrees, usually in political science with an emphasis on paralegal courses. Two year community or junior colleges offer Associate in Arts or Science degrees with emphasis on paralegal courses. Some also offer certificates of completion in a strictly oriented paralegal program. Propriety schools vary in admission requirements and usually offer programs ranging in time from several weeks to several months. Upon completion, a graduate would receive a "certificate of completion".

By and large the choice of a paralegal program is up to the individual seeking the training. Programs vary in admission requirements and cost; therefore, it is incumbent upon an aspiring applicant to research the various programs to see if qualification is a realistic possibility. Having narrowed one's choices, careful consideration should be given to the program. Examples of questions to ask and considerations sought should be as follows: Is there a job placement service? What percentage of graduates are placed? How long has the program been in existence? Who teaches the classes? It is important to evaluate the curriculum and ask whether or not the administration keeps track of former graduates and their success. If so, the applicant might ask for names of graduates and contact them to verify the quality of the program and whether or not the courses prepared them for working in their chosen career. It could also be advantageous to check with the appropriate state agencies (mentioned previously) to see if any complaints have been received and inquire about the program's reputation in the community. In short, ask as many thoughtful questions as possible, and then make the choice.

Some paralegal programs are American Bar Association (ABA) approved. At this writing, there are six ABA approved programs in the state. They are the Center for Advanced Legal Studies in Houston, El Centro College in Dallas, Southwest Texas State University in San Marcos, Southwestern Paralegal Institute in Houston, Southeastern Paralegal Institute in Dallas, and Lee College in Baytown. Southwest Texas State University is the only program in the state to offer a master's degree in legal studies. These schools have undergone rigorous examination by the ABA and, therefore, appear to be safe and reliable choices. Community colleges, junior colleges, and four-year universities would also appear to be safe and reliable choices by virtue of their institutional credibility in respective communities and the state as a whole. But keep in mind, that just because a program is not ABA approved does not mean that it is not a good program. The process for obtaining and sustaining ABA approval is very expensive, and some schools simply cannot afford it. As emphasized, many factors should be evaluated in making the final choice. At this writing, several paralegal programs in the state are in the process of applying for ABA approval, and others will no doubt follow. The bottom line is that the evaluation and investigatory steps are up to the applicant, and incidentally, the very skills required to analyze the right program are the same skills one must develop to become a top notch legal assistant!

I Want to Hire a Legal Assistant. How Do I Proceed?

Check with directors of paralegal programs in your vicinity. If it is a reputable program, the staff will be eager to assist you in finding a qualified legal assistant. Most cities and areas have local paralegal associations, and local bar associations can provide the name of someone to contact within the paralegal group. Most legal assistant associations have job banks and will list positions through their respective newsletters. Most association listings should be in local telephone directories. A combination of legal experience and post high school formal education are important factors in evaluating job applicants for legal assistant positions.

I Saw a Classified Job Ad for a Legal Assistant Stating the Requirement: "Certified Legal Assistant". What Does That Mean?

Often it means the applicant must hold a certificate of completion from an accredited paralegal program, and, hence the ad should read "certificated" rather than "certified". Accredited programs have received approval from the Texas Education Agency, the Coordinating Board, Texas College and University System or the American Bar Association. If the ad was drafted by one who is familiar with the designation CLA, then the job could be requiring an individual who has successfully passed the certification exam offered by the National Association of Legal Assistants located in Tulsa, Oklahoma. It could also mean that the law firm is familiar with the Texas Board of Legal Specialization program for legal assistants and desire a "Board Certified" legal assistant.

Can a Legal Assistant Assist People in Things like Simple Wills and Filling out Forms?

In Texas, legal assistants can only work under the supervision of a licensed attorney. They are not permitted to represent or contract with any member of the public. Doing so would constitute a violation of the provision prohibiting the Unauthorized Practice of Law.(1)

I Have a Legal Secretary Who Has Been Performing Paralegal Functions for Years. How Can She Become a Legal Assistant and How Can She Expand Her Professional Status Through Education, Etc.?

First of all, the lawyer/employer has the discretion to give a legal secretary the job title of "legal assistant". As mentioned above, there are currently no established standards of education and employment set by the State of Texas or the State Bar of Texas. If a legal assistant performs substantial paralegal functions, membership in the Legal Assistants Division would make available much knowledge and insight into the profession. Paralegal programs offering evening or weekend classes would afford an excellent opportunity for formal education complementing the practical experience already developed as a result of working in the legal profession for many years. The yellow pages in your telephone book usually list private paralegal programs. Check with local colleges or universities to see if they incorporate paralegal programs into their undergraduate or graduate programs. Local bar associations and legal assistant associations offer a variety of continuing legal education (CLE) programs and, of course, the State Bar of Texas Professional Development Department offers many courses, and encourages the attendance of nonlawyer staff. The Legal Assistants Division sponsors several CLE seminars as well. CLE offers up-to-date information, both written and oral, resulting in an excellent opportunity to develop and enhance one's skills and knowledge.

How Does Someone Become a Member of the Legal Assistants Division of the State Bar of Texas? Does this Mean That the Paralegal is Certified and a Member of the State Bar of Texas?

One must be eligible for membership in the Legal Assistants Division.(2) To qualify for active membership, one must be working under the supervision of a licensed Texas attorney and qualify under one of the following criteria: 1) certificate of completion from an accredited paralegal program and one (or two years depending on the program) year of work as a legal assistant, 2) a baccalaureate degree and one year of work as a legal assistant, 3) a certified legal assistant (CLA), one who has passed the examination offered by the National Association of Legal Assistants located in Tulsa, Oklahoma (see # 10) and one year of work, or 4) three years of experience working as a legal assistant. Other available categories are student, sustaining, and associate memberships. Being a member of the Division puts you in the mainstream of what is happening in your profession, because a member is immediately placed on mailing lists to receive many CLE brochures. Each member receives a membership card, a certificate verifying membership in the Division, subscriptions to the Texas Bar Journal and the Texas Paralegal Journal, discounts of $20.00 or 20% off the registration fee (depending on the program) for many of the CLE programs sponsored by the State Bar, opportunity to subscribe to State Bar of Texas section newsletters, and (most important of all) the opportunity to become closely involved in the profession.

Being a member of the Legal Assistants Division of the State Bar of Texas does not mean that the legal assistant is certified. It simply means that the legal assistant is a member of the Division. Remember, membership in the Division is strictly voluntary. As a member, the legal assistant is NOT a member of the State Bar of Texas. By law, ONLY lawyers can be members of the Bar.

Does the State Bar of Texas Have a Job Bank?

The State Bar of Texas does not maintain a job bank service for legal assistants, or lawyers for that matter. Neither does the Legal Assistants Division. Most local legal assistant associations provide job banks for its members. It would also be helpful to consult the Texas Legal Directory or the Martindale Hubbell directories in a law or local library for the listings of law firms, lawyers, and their respective areas of law. As in pursuing any job, getting involved in related professional associations is all important, because peer professional contact opens many doors.

Certification -- Who, Where, What, When, and How?

There are three recognized certification programs currently in existence and they are all voluntary. However, one can certainly work as a legal assistant in Texas without participating in these certification programs.

Two of these programs are national in nature. One is administered by the National Association of Legal Assistants (NALA) in Tulsa, Oklahoma. Upon successful completion of the two-day exam given in several states throughout the country, a legal assistant is then permitted to use "CLA" after his/her name. NALA has an exclusive copyright on the CLA designation, and it therefore can be used only if one has passed the NALA exam. Certification by NALA does not represent certification by the state of Texas or the State Bar of Texas. It solely means that a legal assistant is certified by NALA. The second exam is administered by NFPA (National Federation of Paralegal Associations). Their exam is entitled PACE (Advanced Paralegal Competency Exam). NFPA headquarters out of Kansas City, MO. It is important to note that these are not Texas exams; they are national in scope and based primarily on federal law.

The only Texas based exam is administered by the Texas Board of Legal Specialization (TBLS) which has previously certified only Texas attorneys in various specialty areas of law. This specialty certification program currently tests legal assistants in six areas of Texas law: civil trial law, personal injury law, family law, criminal law, real estate, and estate planning. Upon successful completion of one or more of these exams a legal assistant will be able to display the designation of "Board Certified Legal Assistant - "e.g. family law" - Texas Board of Legal Specialization".

Often confusing is the assumption that a certificate of completion from a paralegal program carries with it the status of being "certified". It does not. It simply means that the legal assistant is certificated that is, the individual has received a certificate but is not "certified".

Is There a CLE/MCLE Requirement for Legal Assistants?

In general, no. The Legal Assistants Division does not require CLE credit as a qualification for membership. It is advisable to keep a record of your attendance at CLE programs as you must have accumulated a required number of hours to qualify for the Texas Board of Legal Specialization exam (in addition to many other requirements). If you become board certified, there is a CLE requirement to maintain your certification status. Also, if you are a CLA as a result of taking and passing the NALA exam, there is a CLE annual requirement to maintain your certification status. The Texas Board of Legal Specialization and NALA will maintain your CLE records. NALA also provides a form for you to complete and return to NALA Headquarters.

Direct inquiries to:

• If you are interested in obtaining an application to join the Legal Assistants Division, contact the State Bar of Texas Membership Department.
• If you have questions regarding the Unauthorized Practice of Law, contact the State Bar of Texas General Counsel.
• If you have questions regarding specialty certification for legal assistants, contact the Texas Board of Legal Specialization.
• If you are interested in purchasing the Attorneys' Guide To Practicing With Legal Assistants, please contact the State Bar Sales desk. The cost is a mere $15.00. The Guide is full of useful, practical information regarding the economics and effectiveness of utilizing legal assistants.