Term paper on Attorney Profession

Attorney Profession Essays

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A profession is an occupation requiring of the arts of sciences and advanced study in a specialized field, such as the law. It most cases it requires a specific standard of mandated field of study.

In today’s standard of a paralegal is defined as: A person sufficiently trained or experienced in the law and legal procedures to assist, under an attorney’s supervision, in the performance of substantive legal work that would otherwise be performed by any attorney. This definition is however lacks a certain accuracy, because in addition to all those things a paralegal is also a professional. This status however controversial, has not been granted because of the lack of mandatory statutes requiring a license.

The time has long since passed when a paralegal could enter the profession without formal education. Currently many employers prefer paralegal candidates with the following background: (1) a bachelor degree from a four-year institution; (2) paralegal training, preferable from an ABA approved paralegal program; and (3) hands-on practical and work related training such as that obtained through an internship or externship. However, many are contemplating the further requirement of a license.

By their very nature, licensure mechanisms are designed to protect the health, safety, and well being of citizens. Licensure mechanisms are, for the most part, established by governments through their legislative bodies to serve the public interest. In New Jersey, for example, the legislature has established 33 boards which regulate the activities of 60 professions and occupations; 600,000 New Jersey citizens are regulated by these boards which range from medicine, dentistry and nursing to plumbing, psychological counseling and engineering.

It is critical that any licensing or professional certification program must relate to and reflect real-world situations. However, there is a difference. Certification is the formal recognition by a private group or state agency that an individual has satisfied standards of proficiency, knowledge, and competence: ordinarily accomplished through the taking of an exam. Licensing is a government’s official act of granting permission to an individual, such as an attorney, to something that would be illegal in the absence of such permission.

Professional licensing mechanisms are designed to protect the public and to control entry into an occupation. Because there are so many other individual paralegals whom are not practicing under the supervision of an attorney there is always a question of whether or not their conduction of business is within the ethical standards and are not practicing the Unauthorized Practice of Law.

If a license was given that entailed a standard prerequisite educational curriculum this would indeed help ensure or protect these certain individuals from this endangerment. Furthermore, by means of esteem it would bypass the current standard of certification by a state or private agency and solely become a governmental.

As of now there is in excess of 800 formal paralegal training programs throughout the United States. The vast majority of training programs are two-year...

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Legal Assistant Today Magazine. Home page. 7 December 1999.
http://www.legalassistanttoday.com
National Association of Legal Assistants (NALA). Facts and Findings:
New Jersey Supreme Court Issues Determination
Re Licensure of Legal Assistants. May 24, 1999.

http://www.Nala.com
National Federation of Paralegal Associations (NFPA). Model Act for
Paralegal Licensure. 7 December 1999
http://www.NFPA.com
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