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I had to write about the articles that keep popping up in my Google alerts regarding home study paralegals.  Today I received notice of an article written claiming Paralegal Home Study Advantages.  Two paragraphs in particular caught my eye, they read:

“In the present day, there has been a raise in the demand of the paralegal profession. The rise in demand of such courses has led to the introduction of the paralegal home study course.”  Really, where?  Today I read that another large firm in San Francisco laid off dozens of attorneys and paralegals.  This does not say there is a raise in the demand of the paralegal profession to me.

“The reasons behind not being able to physically attend the classes can range from the simple fact that they are far from their school of choice or they work during the day and would like to study in a homely environment in the evening. That is the only difference between home study and school study of paralegal course. One may think that the home study course is very disadvantageous but the fact is that it has advantages of its own.”

I don’t know about you, but I don’t want to study in a “homely” environment, lol.  I love my home and I would resent it being called homely.  Now, my neighborhood maybe, but not my home!  This same paragraph infers that the only difference between home study and school study is that you don’t have to travel to school and that home study has many advantages.  It goes on to name the advantages, which, in my opinion are ridiculous.  While I admit when I went to the ABA approved college program that I graduated from, that it was tough working a 40-50 hour a week full-time job and going to school in the evenings and on weekends.  I had no life for 18 long months, but I loved every minute of going to school and interacting with others who felt as passionate as I did about what I had chosen to make my lifelong career.  I also had a family to care for and a home and a yard, which I managed to keep running quite well by myself, thank you very much.  (Could be why I am single now, I found out I can do it by myself and love it!)  Sorry, got off track, back to where I was going with this.

What this article and many others like it fail to say, is that taking a home study course does not prepare you for being a paralegal and I don’t know any attorneys (well, competent attorneys) who hire home study paralegals.  Actually, I did meet an attorney earlier this year who did hire a home study course paralegal (to save a few bucks) and while he was the nicest man, this “paralegal” had no clue what he was doing.  He wasn’t required to intern in a law office for the home study course, (I had to do 90 hours of internship and have an evaluation to get credit for that internship), he had no idea how to put documents together to go to court,  he didn’t know how to do an intake, didn’t know how to question a potential client, didn’t know how to, well, you get my drift.  This attorney eventually had to let this “paralegal” go due to a costly mistake made by this same nice man.

With the economy the way it is and many paralegals and attorneys being laid off, it irks me to read these articles about how great it can be taking the paralegal home study course.  These people are making money from people who have no clue how tough it is getting a job in the legal field right now.

Many paralegals with years of experience are struggling to find a decent paying job (friends and family of mine) and are being slapped in the face every day with employment adds offering only $12-$15 an hour for experienced paralegals here in California.  If you know California and our high cost of living, you know that this kind of money won’t even pay your rent, let alone put food on the table if you have a family.  So, if you know anyone who is thinking about taking one of these paralegal home study courses, please tell them to research online, talk to paralegals and attorneys about how tough it is right now to find work and help prevent them from throwing their money away on programs that don’t even guarantee that they will be hired.

If any of you reading this are working paralegals who took a home study course, I would love to hear from you, good or bad.  I always welcome comments, after all, I am a paralegal and I love a good discussion!

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Why is it important for California paralegals to keep a compliance log of their continuing legal education?

B & P § 6450 requires a paralegal every two years to certify completion of four hours of mandatory continuing legal education in legal ethics, and four hours of mandatory continuing legal education ineither general law or in an area of specialized law.

The courts are cracking down on attorneys who do not require their paralegals to meet the requirements of B&P § 6450.  There are a number of court cases where paralegal fees were denied or disallowed by the court because the paralegal failed to meet the requirements of § 6450.

The amendment to CRC Rule 7.703 clarifies that paralegals performing services for counsel for fiduciaries in decedents’ estates, conservatorships, and guardianships must satisfy the qualification and continuing education requirements of B&P 6450 for counsel to be eligible for compensation for paralegal services from the estate of decedents for the estate’s extraordinary legal services.


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Another great post by Lynne DeVenny of Practical Paralegalism, who reports that California attorney Patrick Passenheim was suspended for failing to notify the bar that he had hired a disbarred Ohio as his paralegal.  Passenheim also admitted to misappropriation of client funds in an employment case and for “engaging in acts of moral turpitude, dishonesty, or corruption.” Effective January 2009, he was suspended by the State Bar for 30 months and placed on four years of probation. He was also ordered to pay restitution to the client.

In aggravation, Passenheim had a record of prior discipline. In 1992 he was found culpable of misconduct and suspended for two years. In mitigation, during the period of misconduct Passenheim suffered extreme financial stress due to a cerebral hemorrhage he had in 2002, after which he could not work for one year. (California Lawyer)

Both of these cases seem to have a common denominator of lawyers hiring friends who just happen to be disbarred attorneys. Are your law license and fiduciary duties to your clients worth helping out any friend that has already been tried and found guilty of subverting his or her own livelihood and ethical responsibilities?

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In an article I read today, the Air Force is looking for Paralegals.  When Airmen enlist, they swear an oath to protect and defend the Constitution.  In addition to defending the geographic territory and populace of the United States, paralegals defend the rule of law and the freedoms that the Constitution awards citizens.

In the Air Force, Paralegals defend the Constitution by advising commanders on operational matters, defending the Air Force from lawsuits, helping enforce criminal laws and helping Air Force members find just and peaceful resolution of disputes that arise.  In representing the Air Force and Air Force members, paralegals defend the Constitution by ensuring the law is correctly and fairly applied in every situation faced by clients.

The Air Force is currently looking to expand its paralegal force.  As an enlisted member, Airmen may be eligible to re-train into the paralegal career field.

The primary mission of The Judge Advocate General’s Department is to provide legal counsel to commanders, first sergeants, and other key personnel on a broad spectrum of legal matters. The paralegal’s role is to assist judge advocates (attorneys) in achieving that mission.  Consequently, paralegals support virtually all areas of the Air Force’s legal practice, including operations law, military justice, claims, civil law, legal assistance, contracts, labor law and environmental law.  Within these areas, paralegals conduct legal research, interview witnesses and victims, draft legal opinions, create and notarize powers of attorney and draft wills.  Paralegals also support investigations of serious incidents, such as aircraft, missile or rocket accidents.

To ensure paralegals are qualified to support these many legal areas, the department provides the necessary training, both on-the-job and in the classroom.  Paralegals attend basic and advanced paralegal courses at the Judge Advocate General’s School, Maxwell Air Force Base, Ala., and may also attend specialized legal courses.  Recently, the American Bar Association has certified the paralegal Community College of the Air Force degree as an accredited degree, making it easier to continue in the legal field after leaving active duty status.

There is no deadline for career Airmen but first-term Airmen must meet the requirements set by the Air Force Personnel Center.  Specifically, four-year enlistees cannot apply before their 35th month and six-year enlistees cannot before their 59th month.  From the department’s perspective, the minimum qualifications include the ability to type 25 words per minute, a minimum AQE score of 51 and no derogatory information in their records.

The paralegal career field can be extremely interesting and very challenging. It is rewarding for individuals who are looking for a job that provides independence in their work, personal growth, and most importantly, a sense of accomplishment at the end of each day.  Being a Paralegal may be the job for Airmen who are interested and eligible to retrain. To submit retraining applications, contact the Employment section of the Military Personnel Flight.  For more information about the paralegal career field, contact the Law Office manager, Master Sgt. Jamie Murray at (661) 277-9613.

This would be a great way for anyone interested in joining the Air Force and entering the legal field as a paralegal.  Just one more way to get the education needed to succeed as a paralegal.

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In Ontario, Canada, paralegals are licensed by the Law Society of Upper Canada, giving paralegals an independent status in this jurisdiction and are licensed and regulated the same way that lawyers are.  The Province of Ontario, Canada, recently became the first jurisdiction in North America to provide for the licensing of independent paralegals. This change now allows paralegals to act as legal agents who have the ability to represent on many matters, including all Provincial Offences, work for Provincial Tribunals and Boards, as well as Summary Criminal Cases. They are not “law clerks” in the province of Ontario, Canada but rather are considered officers of the court, a formal part of the legal system.

In researching this, I found that paralegals can represent clients in the Ontario Small Claims Court, Landlord and Tenant Board, Worker’s Safety and Insurance Board and for Summary Criminal Cases.  There is of course, a licensing procedure before a paralegal can represent a client.  To read more about paralegal licensing and regulations, click here.

In California, paralegals can represent clients in Workers Compensation (California Bar Committee on Professional Responsibility formal opinion 1988-103) but only a law firm can allow its paralegals to represent clients at workers compensation hearings if there is supervision and the client consents to nonlawyer representation.

Part of the opinion states that a lawyer or law firm contemplating entering into such an arrangement should remember that an attorney stands in a fiduciary relationship with the client. (Krusesky v. Baugh (1982) 138 Cal.App.3d 562, 567.) When acting as a fiduciary, the law imposes upon a member the strictest duty of prudent conduct as well as an obligation to perform his or her duties to the best of the attorney’s ability. (Clark v. State Bar (1952) 39 Cal.2d 161, 167; and cf. Bus. & Prof. Code, sec. 6067; Rule of Professional Conduct 6-101(A).)  However, an attorney does not have to bear the entire burden of attending to every detail of the practice, but may be justified in relying to some extent on non-attorney employees. (Moore v. State Bar (1964) 62 Cal.2d 74, 80; Vaughn v. State Bar (1972) 6 Cal.3d 847, 857.)

The attorney who delegates responsibilities to his or her employees must keep in mind that he or she, as the attorney, has the duty to adequately supervise the employee. In fact, the attorney will be subject to discipline if the lawyer fails to adequately supervise the employee. (Chefsky v. State Bar (1984) 36 Cal.3d 116, 123; Palomo v. State Bar (1984) 36 Cal.3d 785, 795; Gassman v. State Bar (1976) 18 Cal.3d 125.)

Paralegals may represent clients before the Labor Board (California Labor Code, sections 5501, 5700) California Labor Code section 5501 states that nonlawyer representation is allowed but the appeals board must be notified in writing that the representative is not an attorney licensed by the State Bar of California.

Paralegals can also represent clients before California Unemployment Appeals Board (California Unemployment Insurance Code § 1957 (1956)  The codes states that a nonlawyer may represent any individual claiming benefits in any proceedings before the Appeals Board.  No agent or counsel shall charge or receive for such services more than an amount approved by the appeals board.  Violations for this provision shall be fined no less than $50 and no more than $1,000 or be imprisoned not more than six months or both.
As a paralegal looking to branch out, I am considering the options above.  I would love to hear from other paralegals, in California and elsewhere, on the types of representations they have done and why they loved it or would never do again.  I would also love to hear from paralegals who are also considering branching out into representing clients in some way.  


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LOS ANGELES, CA - JULY 15:  A sign at Los Ange...
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I received an email today from OneSource regarding California Court news and would like to pass some of it along to you, my paralegal friends.

Steve Vann, the Director of California Fulfillment with OneLegal, LLC, sent this information on to Mark Schwartz of OneLegal, in which Mark thought highlights very well how the unfortunate trend in the California courts reduction of personnel is affecting OneLegal, we in the legal profession as well as the courts.

Oakland [Superior] is telling OneLegal they will be holding on to orders longer and will be requiring that they drop off more orders in the coming days. Oakland is not the only court as this is also what was heard from Nicole yesterday about LA [Superior].  Sonoma [Superior] is also another court where we are seeing caption pages [a.k.a. filed-endorsed copies] delayed.

This is a trend that he feels will continue into the foreseeable future. With the increased lay-offs and growing order volume the court clerks are simply not able to keep up with the volume.

These orders are all being stamped as accepted the same day they drop them off, but it is taking longer to get the caption pages back. This also means that OneLegal and we paralegals, will be delayed in getting news of rejected documents.

This is concerning to all of us especially when we all just learned as reported by the Daily News, the Los Angeles Superior Court is laying off 329 of their staff and closing 17 Los Angeles area court rooms.  Troy Anderson, Staff Writer for the Daily News, wrote, “Presiding Judge Charles W. “Tim: McCoy, Jr., said another 1800 layoffs are possible, 34 percent of the court work force, and 180 courtrooms and nine courthouses could be shuttered by 2013 if the system doesn’t get more state funding.” 

To read more, click here. You can also click here to read the court’s news release.

Chief Justice Ronald George recently said that CA court closures must not continue into the next fiscal year. Click here to read his comments.

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I found this fascinating quote today at Civil Rights and Wrongs written by my friend and colleague, Eric G. Young:

Care to know who has joined the “illustrious” group of lawyers filing lawsuits against the new health care bill signed into law by President Obama?  You guessed it, Claimed Lawyer – Apparent Dentist – Birther Queen – and  All-Around Weirdo Orly Taitz.  In a barely-reasoned, badly-drafted Complaint – in which she mis-spells the title of her own court document – Taitz alleges that the new health care law is a:civilrightsandwrongs.wordpress.com, “It is fair to judge a peoples by the rights they will sacrifice most (for)”, Mar 2010

You should read the whole article here.

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