The Navy Steps Up Its Requirements for Legalmen

The Navy has taken a huge step forward by requiring its legalmen to obtain at least an associate degree, reports the Navy Times in its story "Navy: Legalmen must earn associate degree."

"Navy lawyers now do much work done by paralegals in civilian life, Houck said. By putting all legalmen through paralegal education, he said the enlisted members of the JAG Corps will be able to do 'powerful things, freeing up lawyers to focus on what is unique to being a lawyer and the practice of law.'"

This is exactly the type of thinking that encourages efficiency and affordability of services in civilian law practices. The Navy is doing two things here. First, it is recognizing the value of education for its legalmen and encouraging higher standards from its legal staff. Second, it is adding value to the law degree possessed by JAG lawyers, by freeing them up "to focus on what is unique to being a lawyer."

In effect, they Navy is recognizing the difference between attorney duties and paralegal duties, and that it makes sense to delegate paralegal duties to non-attorney team members. 

The Navy did not start this trend, nor has it come in last. Civilian law firms still vary widely in educational/training requirements and the ways in which they use paralegals. Many law firms are still stuck in a routine similar to the current Navy, in which lawyers are doing the work paralegals could be doing. Of course, the decision of when and how to use paralegals is ultimately a decision that lawyers must make when deciding how to maximize benefit to the client. Still, I predict wider and more efficient use of highly educated paralegals as time presses on.

Who Should Set and Control Paralegal Standards?

Being only two full years into my paralegal career, I'm not sure how long this question has been asked. I am willing to bet it has been a regular question since the dawn of paralegalism, though. I keep crossing this question in my perusing of other blogs and articles. For instance in Patty Dietz-Selke's article at Paralegal Gateway, titled "Paralegals are Professionals," she states:

"[W]e have to stop relinquishing control to Attorneys, the ABA, and other organizations or professionals! Paralegals need to step up. We may work for and with Attorneys, but we need to take ownership of our profession starting with the education of our new/prospective members (Paralegal education/certification). We need to determine our own destiny, set our own course and resolve to approach the legal business/environment from the standpoint of being valuable and significant contributors. "

Robert Mongue of The Empowered Paralegal, in a recent entry, posed the following:

"It is not at all clear that the ABA should be the organization making these determination, at least not in isolation. Within AAfPE (American Association for Paralegal Education) there is some ongoing discussion about whether the ABA is the correct institution to be “approving” paralegal programs: does it make sense to have lawyers rather than educators determining what makes a good educational program, even if the topic being taught it law?"

On the one hand it seems obvious that the ABA, as the apparent standard bearer of legal education, should have the controlling opinion over paralegal educational standards and perhaps even over the ethical conduct of paralegals. First, the ABA is already there as an accrediting institution, whether we all agree it should be or not. It has already developed a set of educational criteria, and while questions remain as to whether it should maintain that sort of subtle control over the paralegal profession... it does right now. Also, an ABA accredited paralegal education looks great to employers, most of whom are beholden to the ABA criteria for their own educations.

Yet at the same time, paralegals are not lawyers. And bar associations all over were created for lawyers, not paralegals. Paralegal education is not "mini lawyer" education, either. It does not only consist of shorter versions of law school classes, and it does not train students to "think like a lawyer," as my Boyfriend the Lawyer calls it. Paralegal education should be tailored to the specific skills and requirements of this challenging and often demanding career. Those skills and requirements, while often similar to their attorney-styled counterparts, are importantly different. We all know or should know that not all lawyers could or should be paralegals, and not all paralegals could or should be lawyers. So why should an association for lawyers be in charge of our careers, our standards, and our educations?

While the two sides I've stated above are very black and white, there is at least one possible solution. Mr. Mongue further states in his entry, "Perhaps we need for all interested groups to chose a representative to a committee to establish a model act – ABA, NFPA, NALA, NALS, AAfPE. It may be there should even be a seat at the table for a group representing “independent” paralegals."

With a group of representatives working in collaboration, I only see good things happening. Patty is correct: if paralegals are to be widely accepted as professionals, we have to take/keep control of our education and standards. Of course the groups for legal professionals listed above by Mr. Mongue are all doing so in their own terms. Now imagine how much more ground could be made if all of them were working together.

Pursuing a Career as a Paralegal

The following guest post was written by one or more Kaplan University representatives. In the interest of full disclosure, I did not receive any benefits whatsoever for posting this article. I believe the information below could be helpful to those of you who are considering a paralegal career. I did not receive my undergraduate degree or my educational paralegal certificate through Kaplan University, so I am in no position to give an opinion on a Kaplan education. However, I am a huge fan of legitimate online studies, especially for individuals who do not have time to attend traditional brick and mortar institutions yet who still desire an education in any field.

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Pursuing a Career as a Paralegal

According to the United States Bureau of Labor and Statistics, employment of paralegals and legal assistants is projected to grow 22 percent through 2016.* These increases are estimated to create positions in a number of industries and offer career opportunities that include count clerks and administrators, legislative assistants, and committee staff members in a legislative setting and nonprofit roles, such as contract evaluators. For those looking to jump-start a new career, the paralegal track could be a great option, given that an associate’s degree can be completed in under two years, and a bachelor’s degree can be completed in under four.

At Kaplan University, the undergraduate legal studies program is one of the largest offered.† Many students enrolled in the paralegal program are already in professional positions and do not have the time or alternative to commute to a ground campus. The invaluable flexibility of Kaplan University’s online programs allows these students to pursue a degree while balancing current commitments. Furthermore, as technology becomes more embedded in the legal industry, an online paralegal program could provide an increased comfort level with technology that can transition directly into a student’s work environment.

Paralegals or legal assistants are generally responsible for a variety of tasks that include assisting clients, performing investigative functions, preparing legal documents, and assisting with litigation preparation. Some additional day-to-day tasks may include preparing briefs, pleadings, or wills; preparing real estate closing statements; researching and gathering data such as statutes and legal articles; handling escrow accounts and billing; or helping to arbitrate disputes between parties.
Kaplan University offers three programs for those interested in the paralegal track: an Associate of Science in Paralegal Studies; a Bachelor of Science in Paralegal Studies; and a Pathway to Paralegal Postbaccalaureate Certificate. Both the associate’s and bachelor’s degree programs are designed to provide students with practical knowledge and technical skills that can immediately be applied in their careers.‡ The bachelor’s degree program provides a broad foundation of core subjects plus higher level courses in areas such as torts, legal writing, and technology. Students in the bachelor’s program also complete a number of courses that provide instruction in specific topics such as dispute resolution, social security, health law, divorce mediation, and law office management.

The Pathway to Postbaccalaureate Certificate program is intended for students that have obtained a bachelor’s degree and are seeking a career as a paralegal. The program is designed to provide the foundational paralegal skills and knowledge needed so graduates can communicate in a legal environment, conduct legal research, and evaluate sources, as well as understand the court system, law office management, and litigation.

Success in the online paralegal program at Kaplan University is built on a strong foundational knowledge, the beginning of which is acquired at the high school level. Taking high school classes that develop writing skills, technical aptitude and knowledge of the law, government, and math would be beneficial to students considering a paralegal degree program.

In addition to the paralegal programs, Kaplan University offers degrees in legal studies, public administration and policy, or environmental policy and management. Those students that already have an associate’s degree from a regionally or nationally accredited college may qualify for the advanced start option, offering the ability to obtain a bachelor’s degree in as little as two years.§ Graduates with a bachelor’s degree could then choose to pursue their master’s degree in legal studies or attend law school.

For more information on Kaplan University’s paralegal and legal assistant degrees, please visit http://online.kaplanuniversity.edu/.

*Source: Bureau of Labor Statistics, U.S. Department of Labor, Occupational Outlook Handbook, 2008-09 Edition, Paralegals and Legal Assistants, on the Internet at http://www.bls.gov/oco/ocos114.htm. These employment projections are provided for informational purposes only. Long-term projections are not intended to predict short-term changes in employment demand due to the current economy. Graduates are not authorized to practice law and will not be eligible to sit for any state’s bar examination.

† Source: Integrated Postsecondary Education Data System (IPEDS), 2006–2007 Bachelor’s Degrees Conferred, Law and Legal Studies, on the Internet at http://nces.ed.gov/IPEDS.

‡Kaplan University's programs are designed to prepare graduates to pursue employment in their field of study, or in related fields. However, the University does not guarantee that graduates will be placed in any particular job or employed at all.

§Speak to an Admissions Advisor or refer to our University Catalog for our Transfer of Credit policy.

#While many of Kaplan University's degree programs are designed to prepare graduates to pursue continued graduate- or doctorate-level education, the University cannot guarantee that students will be granted admission to any graduate or doctoral programs.