Pros and Cons of Licensing

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While there are many American Bar approved certification programs for paralegals across the country, there are no standardized licensing requirements in any of the states. Should there be? Let’s take a closer look at the advantages and disadvantages of standardized licensing. I will take you through the definition and evolution of the paralegal role and the certification required and how this certification differs from standardized licensing requirements. I will also define the role of the paralegal and the functions associated with the role. I will outline professional organizations borne as a result of an increased population in the field of Paralegal professionals. I will speak to the unauthorized practice of law (UAL) and the requirements of the paralegal in respect to the Code of Ethics and Professional Responsibility. Next, I will review the arguments for and against standardized licensing for paralegals; and finally concluding with my opinion based on the arguments herein. The definition of paralegal depends upon who you ask. If you ask an attorney in a small law firm who relies upon a paralegal for substantive legal work and all other administrative functions, he may define this role as a legal assistant. The word paralegal and legal assistant are used interchangeably. In the legal-dictionary.thefree dictionary.com, they define paralegal as “a non-lawyer who performs routine tasks requiring some knowledge of the law and procedures, employed by a law office or who works free-lance as an independent for various lawyers. Usually paralegals have taken a prescribed series of courses in law and legal processes, which is much less demanding than those required for a licensed attorney. Paralegals are increasingly popular, often handling much of the paper work in probate of estates, divorce actions, bankruptcies, investigations, analyzing depositions,

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