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By: Dorothy Secol, CLA (Guest Blogger)
Long ago and not so far away, I started my career as a legal secretary. I loved my job; I loved working in the law and always looked for a way to improve my skills. At that time the term “paralegal” didn’t exist. There were no paralegal courses given in colleges and no proprietary paralegal schools.
I was very lucky in that I worked for a sole practitioner who believed I should learn as much as possible and who encouraged me to work independently. He took me to seminars given in particular areas of substantive law that we would be working in. He also encouraged me to seek out and learn new procedures in the New Jersey Practice Series. He felt that even though I may not do something right the first time, I would know better the second time on. Thus I was able to learn a good deal of substantive law in many different areas.
Some years later, the term “paralegal” or “legal assistant” was cropping up and I started reading about paralegals working around the country. The National Association of Legal Assistants (NALA) was formed and as soon as I learned about it, I joined. I felt at that time I was doing work that would be characterized as “paralegal” work. Our office had grown; we had taken on partners and at one time I managed the office which was comprised of 4 attorneys and 5 full time secretaries and two part time secretaries.
When NALA first introduced the CLA exam, (Certified Legal Assistant), I was very interested in taking it. If you passed the exam, you could use the designation “CLA” after your name. NALA felt very strongly about voluntary certification as a means to attain excellence in the profession. In order to qualify to sit for the CLA exam, one had to meet certain criteria which I will describe later. I was very excited about the designation. I felt it was something very important that I could do for myself, and that, in years to come, would indicate that you went that extra step, took an extra mile so to speak. It would become one way to differentiate those who took that “extra step.”
Becoming a CLA was another story. You had to take a two day exam consisting of true and false questions, multiple choice and essay. The essay questions would be given on the areas of substantive law that you chose. I believe, at that time, we had to choose 5 areas of substantive law and then there was legal research. At that point in my career, I had done very little research and that was the hardest for me. Remember, this was back in the days where there were no computers, no internet, no research software. You either had to have the library in your office, or go to a good public library or the law library in your county. I had no idea where to start first. This was also at a time where there were no CLA courses, no mock exams – you were on your own.
About 3 months before the exam, I decided I was going to study for 2 hours a night and more on weekends. I read, and read and read, everything I could get my hands on with regard to the areas of law I had chosen, Real Estate, Contract Law, Probate, Corporate and Personal Injury. Legal Research was the hardest for me. My boss helped me with Shepardizing and explained the background for me. The test also consisted of English grammar, writing, spelling, cite checking, etc. I believe at that time, the test was only given twice a year and you had to go to a state in which the exam was held. I went to Philadelphia, PA. to take the test.
When I passed the exam in 1978 there were 138 CLAs in the country. Today there are over 15,000 CLAs.
In order to maintain the CLA designation, one has to meet a criteria of continuing legal education, (CLE) over a 5 year period. We had to have CLE credits way before attorneys in New Jersey had to have it.
Today, the term “Legal Assistant” has been changed pretty much to “Paralegal”. The CLA designation remains, however, there is a new title of “Certified Paralegal” (CP). You can choose whichever designation you desire. NALA believes that professional certification is a time honored process respected by both employers and those within the career field.
The CLA exam was established in 1976 and it serves as a National professional standard for legal assistants; it is a means of identifying those who have reached this standard; it is a credentialing program to meet the needs of legal assistants and is responsive to the fact that this form of self-regulation is necessary to strengthen and expand development of our career field. The exam also is a positive, voluntary program to encourage the growth of the legal assistant/paralegal profession. As of January, 2011 there were 16,382 CLAs and nearly 2300 ACLAs (Advanced CLA). Over 25,000 have participated in the program.
Today, NALA supplies study programs to help with preparation for the exam. These study programs include:
● American Legal System
● Civil Litigation
● Contracts
● Ethics
● Judgment and Legal Analysis
● Legal Research
● Real Estate
● Written Communication
You may take advantage of on-line programs which consist of written text and slides, with audio recordings of the text. NALA also publishes several books that are helpful and local affiliates may offer study groups.
NALA also recommends The Elements of Style, Strunk and White as a study guide for the Communications portion of the exam. a Uniform System of Citation, Harvard Law Review Association, is recommended for the Legal Research section.
NALA also offers continuing education programs, “The CLA/CP Short Course” which is the mainstay of the continuing education program. This is a 2 ½ day intensive program generally offered each fall.
Another source of review programs are classes offered through local community colleges. These are particularly helpful if you need to review a specific subject. The following are the required 5 sections of the CLA/CP exam:
● Communications – 1 ½ hours (Essay required)
● Judgment and Analytical Ability – 2 hours (Essay required)
● Ethics – 1 hour
● Legal Research – 1 ½ hours
● Substantive Law – 2 hours
The Substantive Law section consists of five parts. One is on the American Legal System required of all examinees; the other 4 parts are in practice areas of law and are selected by examinee from a list on the application form. Timing begins once the proctor has released the exam. There are no schedule breaks during the exam – if a break is taken during testing, the clock with continue to run.
A passing score of 70% or more of the total points is required for each examination section. The examination sections and total points are as follows:
Communications
100 total points
Passing score 70 points or more
Objective questions total 70 points; essay counts for 30 points
Judgment and Analytical Ability
150 points are allotted to the essay question
Passing score is 105 or more
Ethics
100 total points
Passing score is 70 points or more
Legal Research
100 total points
Passing score is 70 points or more
Substantive Law
500 total points
Passing score is 350 or more points
Distribution of points among the 5 parts of this exam is not considered in determining a passing score. Examinees may do well on one or more sections, poorly on others. Results of the exam are provided via US Mail to all examinees and are released during the first week of the second month following the test window. Examinees will receive a “pass” designation, however failing scores are provided with a report of the areas that appeared to be most difficult. If you fail a particular area, you may retake that section.
Taking the CLA exam was a great experience for me. It is very satisfying to know that you have accomplished your goal and that you have a title to show for it. I would highly recommend taking the exam for all who have chosen to make this your career.
For more information regarding the CLA, visit: http://www.nala.org/certification.aspx
________
Dorothy Secol, CLA has worked in the legal profession for over 35 years and has been a freelance paralegal since 1982. She maintains an office in Allenhurst, New Jersey, doing business as Dorothy Secol, CLA. Dorothy is a graduate of Monmouth University, West Long Branch, New Jersey.
Ms. Secol is a member of the National Association of Legal Assistants (NALA) and received her CLA status in 1978. In addition, she is a former trustee of the Central Jersey Paralegal Association and a former Vice-President and trustee of Legal Assistants Association of New Jersey. She is also an associate member of the New Jersey State Bar Association and a former Co-Chair of that Committee. She is also a member of the Real Property and Probate Section and the Foreclosure Committee. Ms. Secol serves on the Paralegal Advisory Boards of Brookdale Community College and Ocean County College and is a mediator for the Ocean Township, Allenhurst and Deal Municipal Courts appointed by the New Jersey Superior Court.
Ms. Secol is the author of Starting and Managing Your Own Business: A Freelancing Guide for Paralegals, published by Aspen Publishing Co. and has written articles for the ANew Jersey Law Journal,@ and ANew Jersey Lawyer.@ In addition, Ms. Secol was a petitioner in the case of In re Opinion 24 of the Committee on the Unauthorized Practice of Law, 128 N.J. 114 (1992). The case validated the fact that Athere is no distinguishable difference between an in-house and freelance paralegal working under the direct supervision of an attorney.
Ms. Secol has presented seminars on real estate procedure, probate procedure and law office management as well as how to set up a business as a freelance paralegal. For contact information, see www.dorothysecolcla.com
A special thanks to Dorothy for sharing her insights and personal experience with us! If you have anything you’d like to share regarding the CLA, please feel free to leave us a comment! We’d love to hear from you.
Misty Sheffield said:
Dorothy,Congratulations on being a CLA pioneer. I enjoyed reading about your personal journey in the legal profession. Thank you for sharing.
Dennyce Korb said:
Dorothy, your description of the CLA exam was a walk down memory lane for me! Although I didn’t take the exam until 1986, it was very much the same as you described it. I believe the short course had started by then, but there were no mock exams or study guides. When people asked me what I studied for the exam, I said, “The world,” because that’s how it felt! We had a group of four who studied together. We collected mock bar exams and bought Gilbert’s Outlines which is what law students used. We also used William Statsky’s books and other things I can no longer recall. We met twice a week for about six months before the exam. One of us was in charge each study session of making up a test over material we were reading. We made mountains of flash cards. It was quite the production! We travelled to Denver, CO for the 2-day exam. Of course we were all certain we had failed when we walked out at the end of the second day, but all four of us passed. I believe at that time there was about a 1/3 pass rate. It’s an accomplishment I have always been proud of. Thanks for letting me relive the memories!
Polly Hall said:
Dorothy,
How far in advance would you suggest someone start studying for the exam?
Teri Dean said:
I truly enjoyed your journey. Thank you for sharing your experience and providing encouragement.
Pam Bailey said:
Hi Dorothy, it has been a long time since our paths crossed. I recall all the wonderful work you have done over the years to bring recognition to paralegals in New Jersey and by extension to the rest of the country. Thank you so much for your article. I will be using it with my students. I would love it if you would write another article telling everyone where your career has gone and how the CLA designation figured in your success.
Happy 2012!
Pam Bailey, ACP (former NALA president and now paralegal educator at Duquesne University Paralegal Institute in Pittsburgh, PA)
Richard Rowell said:
Hey, I have finished all sections of the CLA, the 4/5 sections. However, I just finished my 2nd testing window and cannot seem to pass the “Judgment & Analytical Ability Essay section” I have been using the CLA/CP mock test study materials.
Do you have any suggestions for passing just the “Judgment & Analytical Ability Essay Section”? What are good study materials?
These have not helped me at all, and the Certifying Board, won’t give me any feedback on my essay. I received a 71/150, then a 70/150. All I need is to pass this one section and I’m certified?
I got 100% on following instructions.
But my analysis is low, which I was trying to be as analytical as possible?
Do you find writing brief essays are the key? What sort of essay strategy do
you employ? Is it an English 101 essay, restating the question, or an analytical only essay?
How do you apply your statutes into the hypothetical, but also make a successful essay? The only instructions I have are to:
—Analysis
Does this mean to not include some of the statues at all? I’m pretty sure I included which statutes were irrelevant (My score: 9/35)
–Clarify of Expression
Writing style. What sort of writing style would you suggest? (My score: 8/20)
–Following Instructions
(My score: 10/10)
–Conclusion:
I drew persuasive and logical conclusions. Does this require tying your point into your thesis, or just sounding influential and logical? (My score: 5/15)
–Issues:
Identify and state threshold/main issues and any secondary issues. I just rewrote the prompt in the form of a question. Would I want to make assumptions and include more information here? (My score: 12/30)
–Facts:
–Which facts are relevant and state them concisely and accurately. (My score: 26/40)
PLEASE HELP
What’s good study material?
Sami K. Hartsfield, ACP said:
Hi Richard, first of all, let me say congratulations–you’re almost there! You have gotten further than most folks. Secondly, kudos for being meticulous.
Somehow I passed the whole exam on the first try (dumb luck heh) but some sections seem to give some folks more trouble than others. For you, it’s the judgment & analytical section. Can’t say too much about the exam that I took in 2007, but back then we read a fact scenario and had to answer — writing longhand in pencil ugh! — how we’d analyze the scenario, what facts were important, which witnesses we’d want to interview, etc.
Your good news is that you seemed to have followed instructions (10/10, which also begs the question: how can you perfectly follow directions and not pass??). I think perhaps you might think about this as less of an English 101 writing assignment and think more like a lawyer. Are you familar with IRAC (issue/Relevant law/Application to facts/Conclusion)? Of course you will want to write well and abide by all grammatical rules, but try to think more with that logic portion of ur brain. I found a good link: http://www.lawnerds.com/guide/irac.html
Of course you are not really writing a brief or something, but perhaps it might behoove you to study legal problems, and try issue spotting. That’s what lawyers do. In order to be able to issue spot, one has to know legal analysis. Which facts are important and which are superfluous? And why? How will you get the facts needed to support an allegation or defend one? And so on…I would suggest to just practice doing this over w/ different fact scenarios & over till it becomes rote.
Hope this helps! Do let us know when you pass!!
Sami
Jennifer said:
Richard – we share the same arch nemisis. Did you by chance retake in May? If so, were you sucessful? I am going for retake number 4 in September. Exhausting all avaliable study avenues.
The Paralegal Society said:
Hi Richard, I did not sit for the CLA, so I cannot speak from experience on this one. Let me see if I can find someone who may be able to provide some clarity in response to your question regarding the writing portion of the CLA exam. Let me see what I can do in that regard. Thanks for stopping by! ~ Jamie
Sami K. Hartsfield, ACP said:
Ms. Secol, wanted to add a huge kudos to you!
“This was also at a time where there were no CLA courses, no mock exams – you were on your own.”~~wow!
I went back to school later in life and I lovingly teased the “Kids” about their idea of a library: researching the university’s “library” anytime online 24/7, even in your PJs. I said: In my day, we had to physically GO to the library, and use some ridiculously complicated dewey decimal system printed on note cards to find a freakin’ book! Heh, but by reading ur story, I see we have all come a long way indeed. I smiled at your story, and I am impressed. I don’t know what I would have done if not for those mock exams. Your story is a testament to us all that, given the right amount of determination, anything can be accomplished!
Thanks for sharing with us.
Sami
Dana Farlese Saracione said:
I just wanted to post on here that I, like Richard above, have passed 4/5 sections of the exam and the one section I haven’t been able to accomplish is Judgment and Analytical. The first time I took the exam, I missed it by 6 points and the second time, I missed it by 12 points. So close, yet so far away. I have submitted my intent to retake and sit for September 2012 testing window. I am giving serious consideration to taking NALA’s online course module. Does anyone have any other useful ideas that I can look into to nail this section down?
Jennifer said:
Judgment and Analytical Ability (my arch nemisis – apparently)
I orignally sat for the test in September 2011 and despite being laid off in the middle of my testing days managed to pass 3/5, only missing communications by 2 points and judgment by 27 points. I chopped my epic fail up to the drama around being laid off, suddenly being pitched back into the job interview shark tank and having to test at the same time. January 2012- took both, passed communications but did far worse on judgment. Retook May 2012 did a little bit better but still less than my original score and obviously still failing.
I have studied the practice scenarios relentlessely in the study guides as well as purchase and listen to the NALA Campus archive course on the matter. To date, no progress.
Made a phone call to NALA this morning to see if they could point me in any other direction, this was not productive in anyway. They really mean there is no discussion of your past answers and scores and what not. I am going to fill out the retake form and sit again September 2012. Feeling a little crushed and unmotivated. I get the impression that there is no way to prepare for this, being that you never know the question that you will be presented.
Any insight would be overwhelmingly welcomed.
Thank you.
Jen, Fort Worth, TX
richardrowell said:
I’m taking the test for the 4th time on Saturday 5/25/13 – I have an online linguistics test which I’m going to finish tonight. I took the test 3 times only slight progress. The 4th one I will have to just hope because I truly feel there is no way to prepare for this essay, I feel that the only thing I can do is write a shorter essay, and if my answer does not exactly match the Certifying Board’s essay, then this will be their excuse to mark me down–even if my essay is accurate. I have no feedback on previous essays, I can only study the ones I have again. I will be a brief and relevant as possible. Please post a comment if you are dealing with this essay and you have any further advice. I am going to review these between now and 5/25/13 – Please post if you have any last minutes suggestions!!
The two essays I am using are:
1) Landon Gray Employment Termination
2) Dan Sampson – New Client File (i.e. about burglary)
Diane said:
Richard, did you pass the May test?? I take my over on 9/30/14. eeekkk!
Lilly Johnson said:
I am also curious to see if you passed it on the 4th time. What did you end up studying for? Were the essay questions similar with each test or did they seem harder?
lmcfrp said:
I think that the main problem people have on the written section is that they feel compelled to use ALL of the information provided, such as statutes etc… Just as in the real world, you have to figure out what applies and what doesn’t… and if it doesn’t apply, it simply doesn’t apply. You don’t need to go into why it doesn’t apply or when it would apply etc, you simply set it aside and deal with the things that DO apply.
I took the CLA/CP exam in 2007 when it was still the written version, I’m perfectly willing to help in any way that I can, but I’m not sure how much help I can be. I didn’t take any study classes or groups prior to taking the exam, but my general opinion from hearing other people talking about it is that the NALA online course modules are not very helpful. It seems that most people who do well take what are basically supervised study groups… ie, you have a study group leader who “teaches” you the material from the NALA study guide and literally walks you through each chapter.
Maybe you can see if a local paralegal organization offers this type of group? Regardless of what class you take, PLEASE make sure the person teaching the class has actually taken AND passed the exam you want to take – I’ve seen some classes being “taught” by people who have failed the exam multiple times which is scary in my opinion. (that they are “teaching” you how to pass an exam that they cannot pass, not that they have failed it multiple times)
Dana Farlese Saracione said:
“I think that the main problem people have on the written section is that they feel compelled to use ALL of the information provided, such as statutes etc… Just as in the real world, you have to figure out what applies and what doesn’t… and if it doesn’t apply, it simply doesn’t apply. You don’t need to go into why it doesn’t apply or when it would apply etc, you simply set it aside and deal with the things that DO apply.”
lmcfrp- Thank you. I find this interesting in that I took this exact approach both times I took the exam. That could very well be my problem….I have sent an email to my local paralegal association…They are in fact offering a 6 week reveiw course and I have inquired about getting more focused attention on this specific section of the exam.
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Joy Kastanias, Esq. said:
I am an attorney who has been teaching candidates for the CLA exam since 2006 at a four-year university. I am probably too late to help Richard with his question, but I can tell newcomers that the Judgment Section is the most failed section. If you are not coming out of a paralegal program (BA, AA, or Certificate) and you have never written a memo, it will be extremely challenging for you to pass this section the first time. Forgive yourself if you are struggling with it. You have simply not been well prepared by the materials provided to you.
In addition to what was suggested above about not using all of the law that is provided (excellent tip), organization (or lack of it) is the most common problem that I see in my students. Everyone taking the exam who is not naturally good at throwing together well-constructed analysis off the top of his/her head should take a little time to outline the Discussion section first. The best formula for this is what lawyers learn: IRAC.
I would suggest that you search for a local community college or university nearby that offers a CLA review course. Generally, these courses are taught by attorneys who have experience in both taking tests and legal writing.
I have a web company that I started to assist candidates with just the Judgment section. You can Google my company if you’d like, but I am not posting here to get business. I truly want to encourage everyone who is struggling with the written portion of the CLA exam to seek guidance through courses and/or outside materials (of which there is little).
Good luck!!
Christina K. said:
Does anyone want to donate their study materials? Please let me know! Thank you.
Stephanie said:
Christina K, send me an email regarding study materials. My emails is stephaniecortez01 at yahoo.
Stephanie Rodriguez said:
If you are having trouble with the Judgment & Analytical Ability section of the exam, I recommend contacting Joy Kastanias. I purchased one of her legal memorandum assignments to give me practice. Her feedback was incredible. It gave me the confidence I needed to prepare for the exam. Simply reviewing someone else’s sample response is not enough to prepare you for the exam. Check out her website. Good Luck!
S said:
Hi,
I am going to take the substantive law section for the 3rd time in January. Surprisingly, I found the judgement paper easy and passed it. This section is giving me nightmares and I do not know where I am going wrong. Any inputs or suggestions would be greatly appreciated. Please Help!!!
Anthony Ornowski said:
I need a practice memo scenario before my test tomorrow. I’ve already completed the Landon and Sampson memos. If anyone has a different client scenario with provided Utopian, please send it to me ASAP. This is my second attempt and I would like to practice one more to put myself at ease. Thanks for your time. Tony Ornowski
crystal said:
I am getting ready to starting studying for the CLA exam and hope to take it next spring. I really enjoyed reading everyone’s post and found most of them to be very helpful! Thank you all for sharing!!!!
Lilly Johnson said:
Just a question about the Judgment & Analytical exam, I have to retake it and I was wondering if the question seems harder the second time around? I have noticed a lot of people stating they do worse the second time taking it and I was just wondering if that had to do with the essay question.
Penelope said:
I passed the CP exam the first try in 2008. This was back when the exam was not computerized and we had five substantive law sections. I subsequently obtained my ACP in discovery.
Now I teach a CP prep course in San Diego, and I have to disagree with some of the other posters regarding not using all of the statutes provided by NALA. They are provided for a reason. NALA wants to see your analysis of the statutes that apply and why, as well as the statutes that do not apply, and why not. You will not necessarily fail the essay if you do not address every statute, but you will receive additional points if you do.
I do agree that this section seems to be tougher than some of the others. The only suggestions I can provide are to obtain as many practice scenarios as possible and diversify. NALA tends to provide practice essay scenarios that are much more simplistic than the scenarios and statutes on the actual exam.
Remember to only apply the most relevant facts, pay attention to voice tense – stay away from passive voice, Keep your sentences succinct: if you can say something in one sentence, don’t drag it out into three. This is legal writing, not creative. Last, don’t try to impress with your vocabulary, and avoid stating your opinion – stay objective.
Good luck!
Joy Kastanias said:
I have been teaching CP Exam Prep for just under ten years. I was told by someone on the inside a few years ago that they do include red herring (irrelevant) facts and possibly law. I think it is a matter of focusing on the issues and understanding when something is relevant and when it is irrelevant.
I do not think it is wise to assume going in that you should look to use all law provided or look to eliminate anything. It is important to stay focused on the legal issues and use discretion accordingly. One thing I have learned in observing the CP Exam results over time is not to assume anything. They seem to make changes frequently. I see it in who passes and who fails (skill levels of those who fail can vary dramatically from one exam to another). This past January (2016), I saw people who would have easily passed in prior years who failed it. Predicting the exam is tricky.
I agree with preparation through practice, and I also strongly agree that the practice exams provided in the books NALA sells are far more simplistic than what will be on the exam. The Mock Exam/ Study Guide memo has not changed in many years, though the exam has changed dramatically.
Good luck to everyone taking the exam! Preparation by studying the mechanics of legal writing (focus, analysis, efficient writing, etc.) is key.