Paralegals FAQs
Some initial questions you may have about the Registered
Paralegal sheme, and the three stages of launch, are answered
below.
What is a registered paralegal?
Registered paralegals will meet a new standard for
paralegals. The standards have been consulted on and are currently
being finalised by the Law Society of Scotland in association with
its partner the Scottish Paralegal Association
(SPA). Registered paralegals will:
- work in support of a practising Scottish solicitor in
delivering legal advice to clients
- work according to general competencies which apply to all
registered paralegals irrespective of practice area, and
competencies specific to their own area of practice
- ahere to a code of conduct aligned with Scottish
solicitors' code of conduct
There have been two major consultations on the development of
the Society's Registered Paralegal scheme since 2008. Further
background is contained in those consultations. Please ensure you
familiarise yourself with those documents, and the content of these
pages, if you are a paralegal, solicitor working with a paralegal,
or a business employing a paralegal.
The Society is committed to this scheme, which seeks to define
and credit the role of the paralegal in Scotland - for
paralegals, for solicitors, and crucially for the public who need
to have faith in the knowledge and skills of the people dealing
with their legal transactions.
The SPA, the Society's partner in this
scheme, has firmly believed for many years that not only should the
role of paralegal be promoted and that paralegals should gain the
recognition they deserve, but that standards are an absolute
necessity to the integrity of and respect for paralegals as an
emerging profession.
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Where can I undertake paralegal
training?
The following qualifiations are
'formally recognised and assessed qualifications' for the purposes
of the Scheme:
- BA (Law) at certain universities
- Glasgow Caledonian University/Rewards paralegal qualifications
(no longer available, but qualifications held are recognised
for entry)
- HNC/HND in Legal Studies at certain colleges
- LLB at certain universities
- LLB + Diploma in Legal Practice at certain universities
-
Professional Development Award
(PDA) in Paralegal Studies at certain colleges
-
Stirling University/Scotia Law
Training paralegal qualifications (available from Autumn
2010)
-
Strathclyde University/Central Law
Training paralegal qualifications
I want to become a registered paralegal
- when can I apply?
This will depend on your circumstances.
If you are considering making an application to the
scheme, you are encouraged to liaise closely with:
- your paralegal association, if you are a member of such an
association
- your supervising solicitor
- your human resources department or other representative of your
employer
Please also familiarise yourself with the stages of launch
outlined below. The scheme will cost £100 per annum to
join.
What are the stages of launch?
There are three stages of launch, which will target different
groups. If you fall into the group being targeted by the stage, you
can make your application to become a registered paralegal during
this stage.
- Transition - stage 1 (16 August 2010 to 15 November 2010)
- Transition - stage 2 (16 November 2010 to 15 August 2011)
- The full route (from 16 August 2011)
Please ensure you are clear on the stages of launch,
outlined below.
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Transition - stage
1
This is an opportunity for existing members of paralegal
associations, who already meet the standards which the Registered
Paralegal scheme seeks to set, to be 'grandfathered' into the
scheme.
The overriding principle is that registered paralegals
will work in support of a practising Scottish solicitor
in delivering legal advice to clients. In addition, detailed
criteria was outlined in paper 2 of the registered paralegal
consultation, to allow SPA members to benefit from this
'grandfathering':
- that they hold a formally recognised and assessed
qualification relevant to their work as a paralegal
(including, but not necessarily limited to, an HNC/HND in
Legal Studies, a Strathclyde/CLT or Reward Training
Qualification, or a degree with law in the awarding
title from a Scottish university)
- that they have more than two years' work experience
gained under the supervision of a Scottish solicitor
holding a current practising certificate from the Law
Society of Scotland
- that they have been registered with the
Scottish Paralegal Association, at grade 1 of the SPA
grades scale, for a period of two years or more at the date of
application
- that they have not been subject of any complaints to the
SPA for breaching the SPA code of conduct AND have met
the CPD requirements in each year they have been
registered
SPA members who fit the criteria are being contacted by
the SPA, as the SPA will be making a block application to the
Registered Paralegal Standing Committee so that those SPA members
they identify can be transferred into the scheme under
transition - stage 1.
Transition - stage 2
This stage was introduced in the second and recent
consultation in order to recognise the experience of highly
experienced paralegals who, although they do not meet the criteria
specified for transition - stage 1, may already meet the standards
which the scheme seeks to set. Stage 2 applications will be
considered on their individual merit when stage 2
commences.
Some examples of stage 2 applications were outlined in
the recent consultation:
- someone who has been trained to a very high standard,
in-house, and subsequently worked as a paralegal for many years,
but does not have the equivalent of what would be regarded as a
"formally recognised and assessed qualification"
- someone who is a member of a professional association but
fails to meet all of the criteria required for the transitional
measures to apply as originally envisaged (for example grade of
membership), but they believe that they do still meet the standard
of the registered paralegal
- someone who meets all of the entry criteria stated, both the
holding of a qualification and in-office experience, but because of
having exercised their free choice not to join a paralegal
association do not qualify for the transitional arrangements for
members of paralegal associations
Sign-off by the paralegal's supervising
solicitor/employer (and previous supervising solicitor/employer
if there has not been continuous employment for the period of
time used to support the application) is likely to be crucial
to this kind of application. Solicitors and employers will
support the application by stating:
- that they believe the registered paralegal standard has
been met by the paralegal in question
- that the paralegal has committed to CPD and
lifelong learning
- that there have been no complaints against the
paralegal
Please note in particular that (i) the way in which
experience will be measured and assessed, where a stage 2 applicant
does not have a qualification, and (ii) the way in which the
Society will ensure a fair and consistent protocol for assessing
stage 2 applications, will be part of guidance issued to
applicants by the Society prior to the commencement of Stage
2.
Employers, supervising solicitors and
paralegals will be encouraged to look carefully at
the criteria and whether they will collectively be able
to demonstrate the way in which the paralegal in
question meets the criteria, before making an
application.
Transition - stage 2 aims to recognise expertise amongst
paralegals who meet the new registered paralegal standard
during a window of opportunity. It is not meant to be
a substitute for an application under the third stage, the full
route. The full route will require all applicants to
hold a "formally recognised and assessed qualification", and train
for a period of a year as a trainee registered paralegal before
qualifying as a registered paralegal.**
The Society reserves the right to limit the number of
applications it will progress in transition - stage 2 per month,
although all applications received by 15 August 2011 will be
considered.
The Society will issue more detailed guidance on transition -
stage 2 applications in advance of the commencement of this stage,
hold a series of events to answer questions that employers,
solicitors and paralegals may have, and issue information on the
application process itself in due course.
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The full route
**It will be a pre-requisite for the scheme from the
start of the full route that those commencing training as a trainee
registered paralegal hold a relevant qualification. As highlighted
above, employers may therefore wish to consider whether it is
appropriate to make a stage 2 application, and that a stage 2
application may not be successful. They may therefore wish to make
inroads into which qualifications they may wish for their
paralegals to undertake, so that their paralegals are positioned
well to join the scheme through the full route**
This route will become the sole route into the
scheme, and will open after transition - stage 1 and
transition - stage 2 have closed:
- those entering via the full route will be required to hold
a 'formally recognised and assessed
qualification'
- those holding such a qualification would enter the
scheme as a trainee registered paralegal
- during a one year training period, the
paralegal and solicitor will work together so that by the end of
the training period, both general competences and competencies
specific to the legal area in which the paralegal is working, are
achieved.
- the trainee registered paralegal will quality as a
registered paralegal as a result
As with any scheme, it will be possible for a
potential applicant to apply for a waiver from one or more of
the requirements for entry. However, applications which fall into
the stage 2 category should be made within stage 2, which is why
stage 2 is of significant length.
The full route will not open until August 2011,
therefore the Society is focusing on supporting transition - stage
1 and transition - stage 2 applicants. In due course, further
guidance will be issued on the full route. Further guidance
will be issued in due course, and posted here. To receive
tailored communications and be first to receive updates, please
send an email with "REGISTERED PARALEGAL COMMUNICATIONS OPT IN" in
the subject line to
registeredparalegals@lawscot.org.uk.