Amanda Hamilton, CEO of the National Association of Licensed Paralegals (NALP), discusses some of these obstacles and the possible alternative that a career as a paralegal offers.
In the past, if a person completed a qualifying law degree, it meant that he intended to continue and pass professional exams to become a lawyer or attorney. This was the required qualification to do this. This is no longer necessarily the case today for several reasons.
Firstly, the cost of enrolling for the postgraduate professional exams has risen over a period of twenty years and consequently is out of the reach of affordability for most.
Second, the lack of training contracts – a prerequisite to qualifying as a lawyer – due to the large number of graduates flooding the sector. For similar reasons, there is a lack of apprenticeships available to those who wish to qualify and practice at the bar.
Third, the introduction of the new SQE (Solicitors’ Qualifying Exam).
Fourth, the virtual abolition of legal aid in 2013, which has resulted in limited access to justice at a reasonable cost for consumers.
Below we will look at each element in detail.
The number of law graduates, the cost of qualification and the SQE
To accommodate the increasing number of graduates entering the industry, the SRA allowed a number of institutions to apply for a license to deliver the LPC (then called the Solicitors’ Final Examinations). In 1980, there were four taking the course, but by 2010 the number offering the LPC had risen to 42. In an effort to make this work economically, institutions began accepting applications from graduates who perhaps should not have been encouraged to apply. to register for professional training. exams. Consequently, the number looking for a training contract increased exponentially. Paying for a law degree and then for their LPC with no chance of advancing due to the lack of training contracts was rightly a cause of great concern to those who had been encouraged to go this route.
Meanwhile, the cost of the LPC increased rather than a reduction in the cost of the LPC, which would make sense given the number and choice of institutions doing the same thing, from year to year. The crucial moment came around 2013 when, after much debate and discussion, the LETR (Legal Education and Training Review) was published. That review admitted that the cost and time factor of qualifying was inaccessible and unacceptable to many, and recommended changes to the route to qualification.
Even then, it took about five years for the SRA to announce its intention to create the new SQE (Solicitors’ Qualifying Examinations), and another three years for it to finally announce when the first exams would take place. We have yet to see if this new route to qualification – described as a ‘more accessible’ route to qualifying as a lawyer – is in fact just that.
The virtual eradication of legal aid
In April 2013, a few months before the LETR was published, legal aid was radically changed. It had been an important part of consumers’ access to justice: the ability to offer free or reduced-cost legal advice and assistance, which had existed since 1949. The reason given for the change was to reduce the legal aid bill by introducing strict restrictions on those who could apply for legal aid. This has had the effect of excluding everyone except those involved in urgent cases such as becoming homeless or losing one’s freedom.
Without any doubt, this change has seriously jeopardized consumers’ access to justice as they are unable to pay lawyers’ and attorneys’ fees without legal aid. With lawyers charging between £250-£600 an hour for their services and solicitors charging £200-£400 an hour it’s no wonder. This has created a gap in legal aid to consumers at a reasonable cost. It is true that there are currently many more lawyers and attorneys offering their services pro bono to try to remedy the shortfall, but the profession cannot sustain this indefinitely.
As a result of all this, the paralegal profession has evolved to fill that gap. Until now, paralegals have been viewed as low-paid assistants to lawyers and nothing more than law graduates looking for that ever-elusive training contract to qualify as lawyers. In other words, ‘wannabe’ lawyers. In practice this is certainly not the case. Many law graduates have since found that, with a little additional training and several years of experience, they can offer their services to consumers at greatly reduced costs. Most paralegal practitioners charge between £30 and £80 per hour, depending on the nature of the services required. Many will offer a flat rate for certain other services.
Without a doubt, this change has seriously jeopardized consumer access to justice
The fact is, paralegals don’t just work with lawyers. Paralegal roles are available in any organization as long as a legal requirement is met. Even leading football clubs have paralegals who work in their internal legal departments!
The conventional legal professions may argue that these individuals are not fully trained and unregulated like attorneys and barristers. It is true that paralegals are not regulated by law, but their route to qualification is very similar to that of the two regulated professions or, in some cases, is exactly the same. Furthermore, there is a voluntary regulatory body that encourages membership for those who want to practice. It also issues Licenses to Practice, but only after meeting strict eligibility criteria. Advice is given to consumers on how to check the status of a person claiming to be a paralegal before receiving instructions.
In addition, lawyers do not have a monopoly on good practice just because they are regulated by law. This is clear from the annual statistics of the Legal Ombudsman.
Lawyers and Paralegals: What Are the Real Differences?
Paralegals are trained and educated to perform legal tasks and provide advice and assistance to consumers. Many have law degrees, and some are even ex-lawyers or non-practicing lawyers. Others may be qualified by successfully completing nationally recognized paralegal qualifications. The thing is, law graduates now have different careers in the legal industry. Paralegals are now the fastest growing sector within the legal profession.
Of course, there are some activities that paralegals cannot perform, and these remain the monopoly of lawyers. These are the reserved activities as defined by the Legal Services Act 2007. The two most relevant are that there is no automatic right of hearing and paralegals cannot conduct litigation. In practice, however, some of these reserved activities are being eroded by the courts to allow access to justice. Any paralegal who joins the voluntary regulatory body NALP (National Association of Licensed Paralegals) is well aware of these limitations.
From a consumer’s perspective, it’s a bit of a minefield to know if the person offering legal aid is acting in good faith. Anyone can call themselves a ‘paralegal’ as the profession is not regulated by law. It is therefore imperative that a consumer checks the credentials and status of the paralegal before instructing them. Knowing that a paralegal is a member of NALP is a benchmark for this, as due diligence is performed on all members from Associate membership and Graduate membership and above. Certainly, when it comes to granting a license to practice, strict criteria are imposed, including the requirement to have PII before applying for a license.
Amanda Hamilton, General Manager
National Association of Licensed Paralegals (NALP)
Brixton Rd, Vassal, London SW9 6DE
Phone: +44 0207-112-8034
Twitter: @NALP_UK
amanda hamilton is general manager of the National Association of Licensed Paralegals (NALP), a non-profit membership organization and the only legal body recognized by Ofqual (the qualifications regulator in England) as an awarding organisation. Accredited and recognized professional paralegal qualifications are offered through its centers across the country to those seeking a career as a paralegal professional.