Official register for fourth arm of the profession

In an ever-changing legal landscape, the traditional attitude to legal services has been turned on its head. The main reason behind this is the requirement to comply with the regulatory objectives of the Legal Services Act 2007.

Three of the eight objectives are: improving access to justice, promoting competition and increasing public understanding of their legal rights. With the virtual eradication of legal aid, there is a huge gap. The public will, now more than ever before, need cost-effective and accessible legal advice and assistance. Paralegals are filling that gap.

The consequences of the Act and the withdrawal of legal aid have caused chaos within the court system. Because of the plethora of litigants in person (LIPs) in court, the courts need to ensure the LIPs are properly aware of their rights.

At the third Civil Justice
Council forum on access to justice
for LIPs, which took place on 21 November last year, it was clear that many more solicitors, barristers and judges are now giving more time to pro bono work than ever before - case studies were given as examples by judges and lawyers from all over the country. The profession just cannot sustain this level of pro bono work indefinitely.

'Would-be' generation

Paralegals have been working tirelessly under the radar for many years and traditionally have been regarded as the 'would-be' solicitors or barristers but this is definitely not the case today. The vast majority of undergraduates are now turning their back on traditional pathways. With the very limited number of training contracts and pupillages available and competition being so great, they are looking for different routes.

The bottom line is that we must use these skilled and talented persons to fill the gap that legal aid has left behind. However,
as is commonly known, the government will not sanction further regulation in the legal services sector, meaning that there will not be any statutory regulation for paralegals.
This, coupled with the recommendations made by the three regulatory bodies (the
SRA, BSB and Ilex Professional Standards) in the Legal Education and Training Review (LETR), published June 2013, has led the two main paralegal membership bodies to work together to develop the Professional Paralegal Register (PPR).

Recommendation 23 of the LETR states: 'Consideration should be given by…representative bodies to the
role of voluntary quality schemes in assuring the standards of independent paralegal providers outside the existing scheme
of regulation.'

The National Association of Licensed Paralegals (NALP) and the Institute of Paralegals (IoP) have worked together for 18 months to develop this voluntary register, which was launched
in the House of Lords on the
4 December 2013, sanctioned
by the Legal Ombudsman (LeO)
and Baroness Dianne Hayter of Kentish Town (a champion for consumer rights). The register itself will go live at the beginning of next month.

The PPR will provide a regulatory function for paralegals who are not working in law firms; they may work for themselves as self-employed practitioners,
eg with their own paralegal firms,
or within an organisation or local authority or other employer.
The register will define what a paralegal can do by tiers, based on qualifications and/or experience.

It is a voluntary registered scheme that will provide an overarching set of standards
for paralegals and is designed to promote professional paralegals as a recognised fourth arm of the legal profession, enhancing consumer choice and protection.

A paralegal wishing to be a part of the register will already have to be a member of an accredited and recognised membership body and adhere to the codes and ethics of that body. If a consumer is dissatisfied with the work of the paralegal, they will have several levels of complaint: first, to the individual themselves, then to the membership body, and if still not resolved, to the PPR (if the individual is registered). The PPR will advertise its complaints procedure on the website. There is a complaints committee to examine the complaint which, if not resolved, will then be referred to the adjudication and appeals
panel that will be able to make
certain orders. The PPR is also in provisional discussions with LeO to initiate a voluntary scheme.

Standardised service

The register will increase consumer awareness of paralegals and provide protection to consumers
by providing this rigorous complaints procedure. It will raise standards, increase the diversity of opportunity within the legal sector and promote an effective way of discouraging poor or unprofessional service to consumers. SJ

Amanda Hamilton is the director of the PPR and CEO of NALP