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By: Carol Wells, MBA, BS, RN, Paralegal (Guest Blogger)
Today, we’re featuring one of the most interesting, and heavily debated topics in the paralegal world: paralegal licensure. We’ve certainly heard the paralegal profession compared to the nursing profession on many an occasion, anytime the topic of licensure springs up in the paralegal forums. Carol, a nurse and paralegal, is here to share some thoughts regarding licensure as it applies to both, the nursing and paralegal realms, to offer some comparative value.
We hope this post will not only provide an interesting read, but also spark an insightful discussion (and quite possible a debate) amongst our readership. So, see what Carol has to say on the subject, decide where you stand, and by all means…please leave a comment! We can’t wait to hear your thoughts.
I am on my second career. I am a Nurse, formally a patient care Nurse, although like many of my colleagues, I have worn many hats. Nursing is one of those professions that allow license holders to branch out into different specialties and different jobs. In my almost 30 years as a Nurse, I have worked in various specialties and types of nursing practices.
I am also a Paralegal. I am proud that I undertook the certification of completion for work as a Paralegal. After completing an online course with the American Association of Legal Nurse Consultants, I became interested in pursuing more formalized legal education. I found a Paralegal program nearby and also found that Paralegals play a very important place in the legal profession. Paralegals are a very intricate part of the legal process and depending on what branch of the law they work in, they are specialists, just as Nurses are.
Similarities between the nursing and paralegal realms.
While investigating Paralegal education programs, I noticed that there were several similarities between Nursing and Paralegals. The most obvious is that Nurses and Paralegals have several levels of entry. Thirty years ago, I became an LPN, which is a Licensed Practical Nurse. This course took a year to complete and granted a diploma. I was eligible to be hired into a hospital under the direction of a Registered Nurse.
The RN could have a Diploma from a hospital based program, an Associate’s Degree from a 2 year college program or a Bachelors degree from a 4 year college. The one thing they had in common was that they all took the same licensure exam. At that time, the American Nursing Association was trying to standardize Nursing education, so that Nurses would have one level of entry. They succeeded in turning the hospital diploma programs into an Associate Degree program that was in partnership with Bachelor Degree programs for easy entry. But the Bachelor’s Degree is still not mandatory.
When and how did nurses become licensed?
Nurses began the long process of becoming licensure holders in the 1890’s. Nursing education had been under the wing of the American Medical Association because Nurses were thought to be assistants to physicians. Programs of education were apprentice based and certificate of completion based. Nursing leaders organized into an association called the Nurses Associated Alumni in 1901, which became the American Nurses Association in 1911.
A standard of practice was developed in the 1920’s, and in 1955 the ANA released its Model Definition for Nursing. This was significant because this affirmed Nursing as a profession and took it out of the realm of assistant to the physician; but it still was not defined as an autonomous profession until years later. Licensure was not mandatory in all 50 states until the 1950’s. Nursing is an evolving profession and definitions of practice are still being developed.
The issue for paralegals.
Paralegals are dealing with similar issues. Several levels of entry create a workforce that will not have a similar, basic education. In addition, the fact that there is no licensure testing does not provide a way to judge how well the Paralegal can function or how well they can use the education they have received. Additionally, this is a disservice to Paralegals because there is no way to standardize the profession, and therefore, no way to monitor a Paralegal’s professional journey. Paralegals, like Nurses, have people who come into the profession as a second career. Unlike Nurses though, these second career Paralegals have the opportunity to use their previous work experience to specialize in the legal industry.
I am also reminded of the fact that U.S. standards for education in Nursing are different than European and Asian standards, although there is also a move underway to equalize this. There are two types of Legal Professional in Europe and Asia, a Barrister and a Solicitor. The job description for a Solicitor, who does not appear in court, but does handle legal issues for clients as an autonomous legal professional, is similar to the Paralegal job description, although education requirements are more formalized.
A standard of education is the first step to licensure. Licensure is the first step to autonomy. Paralegals, who are an integral part of the legal system, have the potential of being autonomous legal professionals.
Organizing is the first step.
Nurses faced tremendous obstacles in becoming licensed. First, they were women. Nursing was considered a woman’s profession. Secondly, Doctors really didn’t trust them to make decisions on their own. One thing that really helped the Nursing profession was the Womens’ Movement. The Womens’ Movement broke barriers for all women. As in Nursing, many men are also now Paralegals. Organizing nationally and forming standards of practice brought Nursing to educational standards and a licensed profession.
Paralegals can easily do the same. I have been contacted numerous times by Paralegals who want to develop licensure standards. A National Organization is the first step. Developing those standards is the second. Licensure will follow. I cannot imagine that attorney colleagues would be against this. This strong desire to bring the Paralegal profession into a licensure standard would benefit both professions tremendously.
It can be done.
Resource Links: http://doh.sd.gov/boards/Nursing/Documents/WhitePaperHistory2000.pdf/ – The history of Nursing regulation. Colleagues in caring project, South Dakota Consortium. M. Hegge, Project Director.
http://aam.govst.edu/projects/scomer/student_page1.html/ – The history of Nursing licensure.
http://www.sra.org.uk/home/home.page/ – Solicitors Regulation Authority
Carol Wells is a 52-year-old woman with 30 years Nursing experience in diverse areas of the health system. She became a Nurse in 1983, after graduating as a LPN, achieving her ASN in 1987, a Bachelor’s degree in Health Care Management in 1999, and MBA’s in Management Information Systems, Health Care Management, and Marketing. Carol is currently on leave from a Doctorate in Health Administration.
Be sure to check out Carol’s blog, Leftist Moderate Speak, which features political discussions about healthcare topics at: www.leftistmoderatespeak.com.
So, what are your thoughts? Are you pro-licensure or anti-licensure and why? Do you think paralegal licensure will ever occur? Seems like the jury has been out on this subject for awhile, but we’d love to hear your thoughts…so hit that comment button and share away!
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Great article Carol, and excellent comparisons. I think ultimately paralegal licensure is a good idea. I think it will help to elevate the perception of the profession to the public and in the legal community.
I wholeheartedly agree that licensure would add consistency and reputation to the profession. In some aspects, I feel like it could create a significant barrier to entry. I know some marvelous paralegals that “grew” into the position – rising through the ranks after years of hard work. It would be unfortunate to lose those individuals – to exclude them. However, surely, there would be some exception made for those people. That being said, after several year of licensing availability, those problems would significantly decrease and shouldn’t hinder us from seeking licensure now.
Hi Haley,
This has come up in Nursing also. Fact is, most times there is some type of recognition, and significant experience could be grandfathered in. Meaning those professionals with significant time in the profession would be exempt from taking an exam and the exam requirement would apply to those coming into the profession after a certain date.
Carol, I have been waiting to reply to your article, a busy schedule held me up.
I loved your article, not only was it informative but, close to my heart.
I have used nursing licensure as an example of what paralegals must do, should do, should compare their struggle to, for licensure and standardization of the profession. Your article shows me I wasn’t far off mark! Phew!
You say “it can be done,” licensure of the paralegal profession. I agree, “it” certainly can be done and ultimately will be done. However, as it took the nursing profession time to get where they are (and are still evolving), it will take the paralegal profession time. To get where we are today has taken much more time than many know or realize.
There are two camps on the licensure issue; there are those who are all for it and have and are working long and hard in the trenches to make “it” a reality, and then there are those who are doing all they can to keep us where we are today. In my opinion, somewhat lost.
As I said above, I believe those in favor of licensure will prevail. I believe licensure of the paralegal profession is the only logical next step. I believe as more paralegals are formally educated “as paralegals” (this was not the case when I first started), the demand that their education be recognized through licensure will have to be heard and met.
I believe with people such as you and the many others helping to guide the paralegal profession on the road to licensure we will cross the winner’s line sooner.
Thank you for such an informative article. Thank you for showing me I wasn’t far off the mark with my comparisons. Thank you also for helping the readers in their understanding of a profession’s struggle for recognition, licensure and standards does pay off in the end!
Hi – I am new to this blog. Very interesting articles. Here’s my dilemna:
I got my paralegal certificate from a non-accredited program that was 34 credits. I also have my bachelor’s degree in interdisciplinary studies. After graduating form the paralegal studies certificate program, I got a job at a worker’s compensation firm for 1 year but decided I was not interested in this area of law and left to work for a University and am now an Intellectual Property Coordinator going on 5 years. I don’t actually act as a paralegal fililng the patent applications but am familiar with all the administrative aspects of patent prosecution (I am currently taking an on-line patent paralegal certificate course worth 4 CLE credits). I consider myself a paralegal. How would I be viewed as a candidate for licensure?
Carol, thank you for a very insightful article. I was Chair for my state organization for 3 years and I would field many calls a year regarding the available ABA accredited programs in my state (2). I too used the “nurse vs. paralegal” example in describing the value of real education. With education costs rising, it seems that there are many that want to take a short cut and take a 14 week online course and call themselves a paralegal. I have reviewed the course outline and materials and it would only be equal to one course: Legal Research I in an ABA program.
I agree that we will eventually get to nationwide licensure. It would give our profession autonomy. I am now a paralegal for the business, occupational, & healthcare licensing bureau in state government. In all the board rules for each occupation there is a “protection for the health, safety, and welfare of the public”. I also don’t want to diminish those paralegals that have no formal education and have years of “on-the-job” training. However, I know many paralegals in my state that fit that category and they refuse to become certified by NALA or NFPA. If their career meant that much to them, they would take the time to study and sit for either exam.
In response to Olga, it seems to me that your bachelors degree and your work experience may qualify you to become certified by NALA or NFPA. You can review their requirements at http://www.nala.org or http://www.paralegals.org. I believe It would be worth the investment. It would also allow you great opportunities for networking. I personally have a BA in History. I started working in law firms as a receptionist and worked my way up. During one of my legal secretary positions, I went back to college after being away for 10 years to do my junior and senior years while working full time. I had already applied to sit for the CLA/CP examination when my employer had a paralegal position in my department open. I applied and received the promotion 16 years ago.
Thank you krgfrp for your insightful thoughts on this subject. I agree with you that everything will pay off in the end.
I thought that NALA was the governing body for paralegal licensure. Personally, and this is my opinion, I do not think it really matters whether a legal secretary is licensed as a paralegal or not. I do know that some firms shy away from the licensed paralegals because of liability insurance mandates and will not hire them.
Bottom line, there are only a handful of licensed paralegals and the rest of the workforce are secretaries that become “paralegals” when it comes down to tracking for and accounting time for billables.
I am chronically underemployed since I left South Florida for rural Pennsylvania and have left the field entirely for greener pastures (LPN school).
I happen to be a Paralegal, NALA is a national certification exam. That basically says. You know your stuff. There is no state board licensure required. I believe NALA is sufficient. Heck, most paralegals simply attend ABA approved programs. Only a few pursue NALA. It looks great on a resume but, work experience will tell the story just fine.
Very cool article. My grandmother was a nurse. It’s a neat idea to have a licensure for paralegals.
I am a 41 yr old mother of a 16 yr old with cerebral palsy. I am hoping to persue a degree but have now considered changing my career path from registered nurse to paralegal considering I’ve been a caregiver for 16 yrs. Prior to his birth I had received certification as a medical secretary and have worked for a few doctors offices and done medical transcription from home. He is a sophomore in high school and will be receiving home aide soon so someone would be with him should I have class on a day he’s home. Please give me any suggestions you may have regarding the pros and cons of paralegal vs nursing considering my situation. I sincerely appreciate any input.
I am currently a Paralegal student working in a hospital (not in the legal field). I have been with the company for 2 years and am highly interested in enrolling in the nursing field following graduation. Has anyone here done that before. Para to Nurse? I’d like any pointers you may have.
Thank You