Discuss The Pros And Cons Of Regulating The Paralegal Profession

8. What are the pros and cons concerning regulation of the profession? There are pros and cons to the argument of regulating the paralegal profession. For every argument for regulation there is an argument against regulation. With licensing, the government would set the criteria that would need to be met for an individual to work as a paralegal. However, there are voluntary certification programs available that have required qualifications that ought to be met to take the exam. Individuals believe the salary of a paralegal will increase with regulation. Formal education would be a requirement to perform paralegal functions. Paralegals could take on more responsibility that currently falls under the unauthorized practice of law.

If anything, this could create new expenses from the certification, continued education, and licensing. The industry has a set standard in place for education and experience to perform as a paralegal. The role of a paralegal may not change with regulation, the attorney that hires them decides on the role of the paralegal. The public is protected from incompetence by the lawyer the paralegal works for.

9. In your opinion, will the profession become regulated? If so, in what way? In my opinion, I think the paralegal profession will be regulated eventually. With the demand for paralegals on the rise, I think more states will establish their own form of regulation. Not necessarily at the same level as attorneys, but some form of regulation to standardize the profession. California was the first state to require anyone that identifies themselves as a paralegal, have minimum qualifications, keep up with continuing education, and are held to the same standard as a lawyer.15 If this was a nationwide law, it might discourage some individuals from the profession. Unlike voluntary certification there is no test to verify the knowledge, expertise, or moral compass the individual