Paralegals are not regulated in the same way as solicitors and barrister, as there is no statutory requirement for this.
In other words, there is no enabling statute within the UK Legal System giving the power to one organisation to both regulate how paralegals are qualified and to monitor their conduct.
This distinguishes paralegals from solicitors who are statutorily regulated by the Solicitors’ Regulation Authority (SRA).
There is, however, one long standing membership body within the paralegal sector, National Association of Licensed Paralegals (NALP, established in 1987) that offers voluntary regulation to its members, but currently there is no mandatory requirement for a paralegal to join as a member. This is where there is a grey area and why consumers can become confused.
Whereas an individual cannot infer or expressly describe themselves as a ‘solicitor’ unless they have successfully completed the prescribed training as directed by the Solicitors’ Regulatory Authority and are named on the solicitors’ role (located on the SRA website), there is no such requirement for paralegals. The result is that anyone can describe themselves as a ‘paralegal’ without being a NALP member or without having paralegal qualifications or experience. If a paralegal professional is associated with NALP, they are regarded as being accredited and validated by the only paralegal specific membership body in England and Wales. This means that their credentials have been thoroughly checked.
To help consumers find a suitably qualified paralegal who has been checked and has undertaken to adhere to voluntary regulation, there is the National Paralegal Register which lists all NALP members and their membership categories. Some, who are the most experienced, will have been granted a Licence to Practise enabling them to offer services directly to consumers and businesses, but only after strict checks have been undertaken.
In addition to being a professional membership body for paralegals, NALP is the only Ofqual Awarding Body to offer bespoke paralegal qualifications. Ofqual is the government body that regulates qualifications, examinations and assessments in England. This means that these qualifications have been checked and verified as being fit for purpose and are, therefore, highly regarded throughout the UK and the world.
Choosing an Ofqual regulated qualification is not only the best choice for a paralegal but also reassuring for a consumer because of the quality of content and level of
assessment involved. All Ofqual awarding bodies have to adhere to Ofqual’s compliance regulations and confirm annually that they are compliant. Therefore, businesses and organisations can be confident that employing or using the services of a NALP qualified paralegal means that they are getting the best quality as far as knowledge and competency is concerned.
Are there any other bodies that offer voluntary regulation for paralegals?
There are no other paralegal specific bodies – NALP is the only one. It has always been a paralegal specific organisation and does not offer membership or accreditations for any other profession. Until very recently there was another paralegal membership body, launched in 2002, but that organisation has now closed. The Chartered Institute of Legal Executives (CILEx) has a paralegal membership category and offers paralegal courses which are not Ofqual regulated. CILEx is the statutory regulatory body for legal executives only and has no statutory remit to regulate any other profession. However, a paralegal can join as a member of CILEx and will be bound to comply with their code of practice and membership rules and regulations.
If a paralegal works for a regulated solicitors’ firm, then they can be considered to be under the umbrella of the SRA (Solicitors Regulation Authority) that regulates that firm and thus the paralegal should abide by the rules of SRA regulation.
Apart from this there are no other paralegal organisations in England and Wales and no legal requirement for a paralegal to join a specific body, so the profession remains largely a voluntary, self-regulatory one.
How are consumers protected?
In the absence of statutory regulation, it’s vitally important for a consumer wishing to engage the services of a paralegal to look for one that is a member of a recognised membership body such as NALP, because each paralegal is checked thoroughly before the appropriate level of membership is granted, after which the paralegals must adhere to certain codes of practice. There are various levels of membership matching the paralegal’s level of qualification and experience. This should instil confidence for any consumer as there will be recourse to NALP should there be a need to do so.
The future of paralegal regulation.
There have been a few discussions in the last decade about whether or not the paralegal profession should be statutorily regulated, but this has not been popular and has been rejected by the sector on the basis that there is already too much regulation. In 2018 Professor Stephen Mayson produced a report recommending some sort of regulation for the non-regulated legal service providers but there has been no implementation or further discussion since. The main objection has been that regulation will cause the fee structure of paralegals to increase for consumers, and while the sector remains voluntarily regulated, consumers can still attain access to justice at a reasonable cost.
