The National Association of Licensed Paralegals (NALP), the only Ofqual-recognised qualifications body in the UK solely dedicated to all things ‘paralegal’, is launching the first Level 5 qualification for paralegals this July. Those looking to study for a career as a paralegal can now go from entry level (Level 3) all the way to Level 7 and beyond to the license to practise.
NALP is also the only paralegal specific membership body. And, it is an end point assessor for Level 3 Paralegal Apprenticeships.
In 1987, NALP started life as The Paralegal Association before becoming The National Association of Paralegals. It was established by John Stacey-Hibbert to offer membership to those working in law firms who had no legal qualifications but who, nonetheless, were regarded as experts in their field. We used to call these specialists ‘managing clerks’, and they were revered by all members of staff as they knew absolutely all there was to know about their chosen legal areas, whether it was conveyancing or wills and probate. These individuals were the go-to people for anything related to those subject areas. John was one of those people.
Managing clerks usually joined law firms after leaving school. However, while they were revered, their status in the firm never reflected their expertise. The idea of giving these individuals the title of ‘paralegal’ came from America where the role of paralegals had been embedded since the 1960s. A paralegal’s role was to give support to attorneys, and nothing more.
NALP (then known as NAPL) gave these knowledgeable people status by offering them paralegal membership. Then, after a few years, John developed a certificated paralegal course to add to the membership status. This was designed to allow people to train before employment and to enhance the reputation of paralegals in England and Wales. Slowly, over the next few decades, more courses were added to reflect the different levels of entry and to complement the paralegal membership levels being offered. So the Higher Certificate in Paralegal Studies established in around 1989, was regarded as associate level, ie the passing of which offered NAPL Associate Paralegal membership with letters after their name.
In the late 1990’s, with the cost of qualifying as a solicitor soaring, the Law Society was receiving many queries from law graduates. Some had already completed the LPC, but could not find a training contract. Others just could not afford to enrol for the LPC. NAPL started receiving referrals from the Law Society with a suggestion that these graduates may be able to secure ‘paralegal’ roles in order to gain experience as a stepping stone to landing a training contract. This prompted John to develop the Post Graduate Diploma in Paralegal Practice. These two courses were the forerunner to NALP’s current Level 4 Diploma in Paralegal Studies and Level 7 Diploma in Paralegal Practice.
In 2004, having established paralegals in the UK could offer more than just assistance in a law firm, John decided to support paralegals by creating a system of licensing. This allowed anyone who could provide evidence of their competency and experience to become practitioners and assist consumers directly. Clearly, the kind of work that could be performed by paralegals at this level had to fall in line with certain restrictions in order to ensure that the monopoly of solicitors and barristers remained intact. These boundaries became much clearer after the 2007 Legal Services Act defined them as ‘reserved activities’. There was extensive consultation about this at the time, and so without any objection being received, the new paralegal licensing system came into existence and the organisation changed its name to the National Association of Licensed Paralegals – the name it retains to this day.
When John decided to retire in 2008, he turned to me to take over NALP. I had been working with him since 1996 and was already running my own paralegal training course which NALP accredited. I was very familiar with the set-up and with John’s views on NALP’s potential, and so I agreed to pick up the reins when John retired.
My first goal was to ensure that the courses we offered were fit for purpose and so NALP applied for Ofqual awarding status (although the name was different at the time). The process took well over a year, and finally at the end of 2009, NALP gained awarding body status and was able to offer two bespoke Ofqual recognised qualifications at Level 4 and Level 7. Five years later, a Level 3 suite of qualifications was added.
The role of the paralegal is still not fully understood by the industry and consumers. Paralegals can work in law firms supporting solicitors as they have always done, but they can also work in-house in the public or private sector or as paralegal licensed practitioners.
With the virtual eradication of legal aid in 2013, paralegals have taken on a greater role in the legal sector. Since many consumers are now unable to gain legal funding for most cases, they can ill afford to pay fees out of their own pocket. This is where paralegals step in and fill the gap. They are able to offer access to justice at a reasonable cost. This does not step on the toes of the already well-established legal professions, but instead complements it by taking on many cases that solicitors can no longer afford to deal with.
It used to be that paralegals were regarded as just graduates looking for a bit of experience before moving on to qualify as solicitors. This has now changed. Paralegals are recognised as a genuine branch of the legal profession. Some law firms believe so highly in the expertise and importance of their paralegal staff that they appoint them heads of departments. They are not just lowly ‘slave labour’ as they may once have been regarded.
The view of what a paralegal is and what they can do has changed so dramatically over the last decade that some organisations are queuing up to sponsor paralegal events and ensure their names are at the front of this growing sector. More and more consumers are turning to paralegals for assistance and a huge number of people that want a rewarding law career are now enrolling to take bespoke paralegal qualifications with a view to becoming licensed paralegal practitioners.
Of course, it is always possible to move from being a paralegal to a solicitor should you wish. But, in reality, most paralegals find their careers just as satisfying and fulfilling as their solicitor colleagues, but without the financial investment needed to qualify.
Amanda Hamilton is patron of the National Association of Licensed Paralegals (NALP)
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