Event Report (PDF 111KB) - Higher Education Academy

There are also subject specific gaps particularly in relation to the newer legal domains under the
Registered Paralegal Scheme and also in terms of transferrable skills. There was a need identified,
particularly by employers, for business and management skills. Rosemarie highlighted that this
would particularly be relevant if alternative business structures are implemented in Scotland and
paralegals are able to become partners in a firm.
Discussion
Delegates raised a number of questions and issues. It was queried whether there is a need for a
‘senior paralegal’ within the Registered Paralegal Scheme or whether a qualification pathway is
required i.e. to recognise paralegal’s on-going educational development.
The issue of the perception of the paralegal profession provoked substantial discussion. Delegates
were clear that being a paralegal is a profession in its own right and is not a step to becoming a
solicitor nor is it a lesser role. Many delegates commented on working with paralegals that were
more adept in the law than solicitor colleagues. However delegates also commented that in their
experience some people do not recognise being a paralegal as a distinct career choice and view it
more as being a frustrated lawyer. Delegates felt that the Registered Paralegal Scheme and other
such initiatives would help to address this view. Delegates also noted that some graduates were
using their LLB and Diploma / Legal Practice Certificate (LPC) to access paralegal jobs in the hope
that this would lead to a training contract however that firms were being very clear that this
would not happen.
Regulation of paralegals was also an issue where strong views were put forward. It was suggested
that formal regulation of paralegals may be required in the future, particularly if all of the changes
in the legal profession mean that paralegals are working more independently. It was discussed that
regulation of paralegals would provide protection not just for paralegals, their employers and
solicitors but also for the public. Regulation would ensure that a person using the term ‘paralegal’
was qualified and competent to a certain standard, rather than at present where anyone can use
the term.
Delegates discussed whether there is a need for dual qualified paralegals in the same way as
increasing numbers of solicitors are dual qualified. It was highlighted that in many areas paralegals
are already qualified to work across the UK because the areas of law are the same e.g.
employment law. However it was also highlighted that as there are differences in the legal systems
it may be beneficial to offer a module on comparative legal systems which would introduce
paralegals from across the UK to the differences in the legal systems and which would enable
them to work in all jurisdictions. It was noted that University of London offer a MOOC (Massive
Open Online Course) and the Open University also offer free online courses (OpenLearn) in this
area.
The issue of ethics was also raised. This is a key anticipated outcome of the Legal Education and
Training Review in England, but it is already a core professional practice outcome in Scotland for
solicitors and paralegals. In this context the question was raised about the ethics of unpaid
internships and whether as educators we should encourage or support students to undertake such
work as a means of enhancing their employability or whether we should take the view that such
internships are unethical (and potentially illegal) so it is not in our students’ best interests to be