FAQs
What is the difference between Solicitors and Paralegals?
There are very few areas in a Solicitor's General Practice in respect of which a solicitor has a legislative monopoly. The main areas are: conduct of litigation, rights of audience in the main courts, certain aspects of a conveyancing transaction and the extraction of a Grant of Representation. However, in the vast majority of other matters, Paralegals have the right to conduct general legal business and also have absolute rights of audience in the Small Claims Court and in the majority of Tribunals. In addition, provided that they are representing their solicitor or qualified litigator employer, paralegals can have rights of audience on most interim application hearings and hearings in Chambers and in family case applications including hearings in chambers in both the High Court and the County Court other than reserved family proceedings.
A most important concept in England and Wales is that unlike other countries (particularly America and to some extent Canada) there is no specific offence of the 'unauthorised practice of law' (UPL). In America, for example, the question of UPL takes up more time in connection with the conduct (within and without the attorney's office) of paralegals than any other topic. Unlike England and Wales where anything can be done provided that it is not specifically prohibited or impermissible without sanction, in America (and to some extent in Canada) nothing can be done unless it is specifically authorised. The classic example is that of the paralegal in the USA undertaking a first interview with a client who, at the end of the interview asks the paralegal: "What do you think my chances of success are?". If the paralegal answers that question in the affirmative, negative or anything in between, s/he would be committing the criminal offence of UPL. The only answer that can be given is to say that the attorney will answer it!
What is the difference between Paralegals and Legal Executives?
The Institute of Legal Executives (ILEX), was formed in the early 1960s as a reconstruction of the old Solicitors' Managing Clerks' Association. However ILEX are not strictly an organisation catering for Paralegals per se. They are the organisation that controls 'Legal Executives'. The term 'Legal Executive' is not generic in the same way as is the term 'Paralegal'. A Legal Executive, although falling within the definitions of a Paralegal (used as a generic term - see What Is A Paralegal?), is recognised as a separate entity. A person who is not qualified as a Legal Executive is not able to describe him/herself as one, whereas a Paralegal who is not qualified as one, can call him/herself a Paralegal (hence one of the reasons for introducing the 'Licensed Paralegal'). Only Fellows of ILEX can call themselves a Legal Executive, and the average time that it takes to become a Fellow is in the region of six years. Even when qualified as a 'Legal Executive' they have to work under the supervision of a Solicitor and are unable to work for themselves.
Do Paralegals need as high a level of competence as Solicitors?
All areas of practice undertaken by Paralegals, need a high degree of competence, skill and aptitude together with a high degree of honesty and ethics. The Association considers that in order to take full advantage of all that the unadmitted staff in law practices have to offer, such paralegals should be regulated and have a distinct identification which can only come about if there is regulation.
Is there such a thing as a 'Paralegal Profession' ?
YES! The establishment of a specifically identifiable paralegal profession is important because of the increasing number of law graduates who are unable to obtain training contracts and/or afford the LPC. A specifically identifiable paralegal profession would encourage undergraduates to seriously consider, at an earlier stage in their degree programme, the career of a Paralegal as a viable alternative to that of qualifying as a Solicitor.
Students career options
The NALP is working with Universities who want to introduce a Paralegal element to thier degree programme (The Higher Diploma) and a post graduate training option ( The Post Graduate Diploma in Paralegal Practice)
E.g. As a part of their curriculum The University of Sunderland provides the Association's Higher Diploma in Procedural Law to their students. The effect of this is that students obtained Student Membership of the Association during their undergraduate years and on graduation, obtain not only their Law Degree but also the Association's Higher Diploma in Procedural Law and Graduate Membership of the Association.
Why should I become Licensed?
CLIENTS MUST PERCEIVE PARALEGALS TO BE CREDIBLE.... The client of a Solicitor needs to know that whoever deals with their problem within the firm, and that includes Paralegals, is capable of performing it to the same extent as any other member of the firm, at that level. It is a question of credibility. In the case of unadmitted staff clients need to be satisfied that they will be in the hands of a competent member of staff who is qualified to do what he or she does, is experienced and who is as dedicated to their affairs as the admitted member....HENCE LICENSED PARALEGALS - A 'Licensed Paralegal' would be shown to be up to a required standard. This is the bench-mark that the Association provides.
Giving confidence to clients by having Licensed support staff
Solicitors can indicate not only that they have support staff who may undergo clients' work but also the pride in specifying that these support staff are members of a regulatory body and are Licensed. This imparts confidence to clients.
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