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The traineeship (PEAT 2) is also now based on outcomes which are set to hone the knowledge and skills developed on the Diploma. There is formal monitoring every three months against these outcomes. This provides an opportunity for trainees and employers to gauge progress and to address any gaps. The educational landscape for qualified solicitors has also changed with more flexibility in how they implement the required 20 hours of CPD each year. There is more online provision and generally more availability of CPD options. Rob noted that the current economic climate may be affecting legal education and training as the number of people undertaking the Diploma have been down year on year since 2008 (c.30% reduction between 2008 and 2012) however, whilst traineeship numbers are down 2% in 2012 from 2011, they are up on what they were a few years ago. Rob went on to outline the changes for paralegals. The key change in this area was the introduction of the Registered Paralegal Scheme in 2010. The scheme was developed by the Law Society of Scotland in conjunction with the Scottish Paralegal Association. The motivation for introducing the scheme was awareness of the growing professionalisation of the paralegal profession and the increasing numbers of qualifications available. The Registered Paralegal Scheme provides a defined career path and a means of professional recognition for paralegals. The scheme has a number of legal domains (areas of specialism) in which paralegal can register. To be able to register they must hold a relevant qualification (as defined in the scheme, and then undertake a one year of training period. If, at the end of this period, they meet the competencies outlined in the scheme they can become a Registered Paralegal. Rob highlighted that the legal market is changing – the introduction of legal process outsourcing (LPO) has potential to create a substantial change in the market and is already affecting Scotland with one large LPO company based in Glasgow. The introduction of alternative business structures, if it happens, also has potential to change the market and could lead to the creation of paralegal owned firms. The introduction of more mass providers (e.g. the Co-operative) will also influence the market and increase the number of paralegals required. This means that paralegal education will become increasingly important. Whilst paralegals are not regulated at present, their supervising solicitors are and the Registered Paralegal Scheme does provide a complaints mechanism. If a Registered Paralegal is found to have breached the terms of the scheme then they can be expelled from the scheme. Rob noted that so far only 1 complaint has been received and it was thrown out as being unfounded. Tommy Cuthbert, National Relationships Manager at Skills for Justice outlined the unprecedented change in the legal market in England and Wales and in Scotland. This includes the introduction of alternative business structures, changes to legal aid, the recession, increase in fees for legal education, mergers of firms and court closures. He outlined the Skills for Justice work developing Modern Apprenticeships and the context in which these were being introduced. In England and Wales there has been a commoditisation of legal services and an increasing search for new talent, not just among graduates but more widely. This increase in non-solicitor staff has meant that more staff providing legal services are
unregulated. Skills for Justice launched the <strong>Higher</strong> Apprenticeship in Legal Services to meet this need. Tommy highlighted that the smart way to provide legal services at reduced cost was to maximise the use of non-solicitor staff, including paralegals. He outlined that only 3 key areas are required to be completed by solicitors, all other legal work can be completed by non-qualified staff. This opens up opportunities for employers and paralegals. Tommy suggested that there is a need for a pathway for schools leavers to gain entrance to the Registered Paralegal Scheme. The Skills for Justice Modern Apprenticeship could provide this pathway. It is an employer led and designed opportunity which will test competence and knowledge through a recognised structure. This apprenticeship is still in development and Tommy invited delegates to get in touch if they were interested in knowing more about it or becoming involved in the development work. Rosemarie McIlwhan, Lecturer in Law at the Open University, discussed the research she conducted in 2013 with Alison Miller (also of the Open University) on ‘The provision of paralegal education in Scotland.’ (available at http://www3.open.ac.uk/near-you/scotland/p8_1.asp) This research built on Rosemarie’s 2010 research on ‘The provision of legal education in Scotland’ which outlined gaps in legal education generally and highlighted the issue of paralegal education specifically. Rosemarie outlined how their 2013 research draws upon a survey of paralegals, employers of paralegals and providers of paralegal education. The research highlighted the issue of the term ‘paralegal’. Whilst the term ‘solicitor’ is a protected term under the Solicitor (Scotland) Act 1980, the term paralegal is not protected. This means that anyone can call themselves a paralegal regardless of what they actually do or what qualifications they have. The Registered Paralegal Scheme goes some way to addressing this as to be a Registered Paralegal you must reach a certain standard. Rosemarie outlined that a number of qualifications for paralegals were offered in Scotland. She highlighted that whilst these covered a range of levels on the SCQF (Scottish Credit and Qualifications Framework) scale they were mostly qualifications at first instance and there were no real opportunities for further educational development for paralegals. She explained that the research had highlighted this as a gap in provision both in terms of needs of paralegals and employers. Rosemarie also highlighted that gaps in provision exist geographically and in terms of flexible learning. The current provision of paralegal education does not cover the Highlands and Islands, nor does it cover the South of Scotland thus those wishing to undertake qualifications in these areas would need to travel to be able to do so. This is an issue as most paralegals surveyed as part of the research stated that they had undertaken their education whilst in employment. This highlights the other gap in paralegal education, which is the need for flexibility. There are limited options in terms of flexible learning as there are only a few providers who offer distance learning and none which offer online learning. The research highlighted that these are key areas where paralegals and employers would like to see further development.
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Event Report (PDF 111KB) - Higher Education Academy

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