Event Report (PDF 111KB) - Higher Education Academy

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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 <strong>Education</strong> 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
involved in such practice. It was noted that the Law Society of Scotland will shortly be publishing guidance for solicitors on the issue of internships. We would welcome further discussion of the issues, in particular the following questions: 1. Is there a need for further educational opportunities for paralegals, for example higher level qualifications beyond SCQF level 10, CPD etc.? 2. Is there a need for paralegal qualifications to be recognised / transferrable across the UK? 3. How can FE and HE institutions best meet the needs of paralegals and other law students in the current economic climate in a flexible manner and still ensure that they are prepared for the legal market of the future? To reply please email Rosemarie.McIlwhan@open.ac.uk or Alison.Miller@open.ac.uk The Open University in Scotland May 2013
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Event Report (PDF 111KB) - Higher Education Academy

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