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The very definition o
The Society is now consulting further on the shape of the Registered Paralegal
scheme to be introduced next year. Collette Paterson explains why
One clue is in the title, as what it means
to be a paralegal has never truly been
defined in Scotland. The pace of
change over the last few years demands
that we now identify and create a
structure for an estimated 10,000
people working in this capacity in the
Scottish legal profession.
Between May and July last year, in
partnership with the Scottish
Paralegal Association (SPA), the
Society held a preliminary
consultation on the creation of a
regulated status for paralegals in
Scotland, and the concept of the
“registered paralegal”.
The consultation, which attracted
over 400 responses, closed during the
What the scheme involves
How will someone become a
registered paralegal?
Transitional arrangements have
been developed which ensure
fair access for those who
already meet the standard, in
recognition of those with
qualifications and those
without certain qualifications,
but with relevant experience.
Otherwise, all entrants will:
provide evidence of their
“relevant qualification”, and
details of a supervising solicitor;
enter as a “trainee registered
paralegal” and work towards
agreed standards during a one
year training period;
qualify as a registered
paralegal with the agreement of
the supervising solicitor after a
year’s training period;
continue working under a
supervising solicitor and adhere
to a code of conduct, CPD
regime, and be subject to
sanctions for non-compliance, or
in the event of a complaint
naming them which is upheld.
26 / theJournal December 09
economic decline and, while no
launch date was confirmed, analysis of
the responses and crucial
development on a potential
framework for the scheme
continued through 2009. By
bringing the project under the
management of the
Education and
Training Policy
Department, which
was on the cusp of
delivering an
unprecedented
change
programme
regarding a new
route to qualification
Which areas of practice
are covered?
The Society has developed a set of
base competencies which apply
regardless of practice area. In
addition, each applicant to the
scheme and their supervising
solicitor will complete a
questionnaire which draws out the
specific skills, knowledge, attitudes
and values which apply to their
practice area. To assist applicants
with their understanding of this
process, questionnaires have been
completed for six “guide areas” –
conveyancing, civil litigation, wills
and executries, criminal litigation,
debt recovery, and liquor licensing.
What are the benefits
to paralegals?
A robust set of entry criteria will
apply to the scheme. Through
that, and a code of conduct and
CPD regime, a professional
status and defined career path
for paralegals will emerge. It is
envisaged that higher grades of
registered paralegal, and fasttrack
routes into the scheme, will
be developed in a later phase.
The Education and Training
Policy team also proposes to
incorporate the role of registered
paralegal in future reviews of
routes into the profession of
solicitor, and fast-tracking which
may be possible for registered
paralegals, particularly where
demand for traineeships may
continue to exceed supply. There
will also be associated benefits
of membership.
What are the benefits to
supervising solicitors?
Whilst solicitors will retain overall
responsibility for the work
undertaken, they will be able to
rely on the competence of a
registered paralegal not only
before they offer employment,
but also in the course of
individual transactions.
Standards of competence and a
code of conduct will be clearly
articulated, as will the sanctions
which can be imposed on a
registered paralegal who falls
short of the standard, or has a
and CPD regime from September
2011, there emerged a fresh
opportunity to develop a final set of
policy proposals for registered
paralegals in line with overarching
policy thinking on standards for
trainee solicitors and CPD.
So why consult again? We are
operating in a markedly different
market to that of summer 2008,
and we know that recovery
may take some years. In the
interim, redundant
paralegals may have
embarked on further study
to improve their
employability in
anticipation of market
complaint upheld against them
through the scheme.
Is this the best option for
paralegals and solicitors?
Paralegal associations, the SPA
and Society of Specialist
Paralegals to name two, do often
impose standards on their
members in Scotland. The Society
believes that regulation is the next
step, and that integrating
paralegal regulation and
representation within its existing
functions, is the most efficient
and cost effective way forward.
Who covers the cost
of the scheme?
Other than the initial outlays
made to bring the scheme to
fruition, the scheme is intended to
be self-funding, and not funded
through the practising certificate
fee. It will be for those benefiting
from it – registered paralegals,
supervising solicitors and
businesses employing both – to
decide on payment of an annual
£100 fee per registered paralegal.
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