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Should paralegals be licensed ?

Category: Law & Legal

shay gshay g


And should they be discipline?

Prorkycake
Prorkycake

Absolutely. I am currently a paralegal in Texas and I work specifically in construction litigation. This area of law is complex. I consider myself pretty knowledgeable on this area of law, but I would never pretend to think I know as much or just as much as my supervising attorneys. I attend Texas Construction law conferences as well as paralegal continuing education.

There are thousands of people out there that cannot afford attorneys that turn to freelancing paralegals. While I have no issue with freelancing paralegals, I do have issue with them not being licensed or regulated. All of our work, to include filling legal papers and not giving legal advice, should still be done under the supervision of an attorney. Many do not. There are also tons of clients who don't know what a paralegal can and cannot do. All they are concerned with is saving a few hundred dollars on their legal issue. I think licensing/regulation is the best way to ensure the public is safe from scamming paralegals.

There are dozens of cases out there of "paralegals" misusing their legal knowledge. Their clients often end up having to pay an attorney to fix their mistakes or get plain screwed. ESPECIALLY on divorces. Just because I know how to file the paperwork doesn't mean I know all the nuances of the law.

I definitely think the unauthorized practice of law should be a criminal act. It should be severe and stiff enough to deter less than honest and ethical paralegals looking to make a quick buck by preying on innocent clients. There should be mandatory licensing, mandatory continuing legal education, and mandatory education requirements. This career produces individuals that are often more intelligent than the attorneys they work for. Their actions shouldn't solely fall on the attorney. Paralegals should be made accountable for their actions as well.


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