TYPES OF REGULATION Robert S Hrouda RP National

TYPES OF REGULATION Robert S. Hrouda, RP National Federation of Paralegal Associations, VPPI

Purpose of Regulation • We all have reasons to want regulation • Protection of Consumers

Regulated Professionals • CPA • RN • Real Estate Salesman • Barber

Not Regulated • Chefs

Various Ways to Regulate • Full governmental regulation • Self regulation

Interesting Notes from PA • Disciplinary Board member said self regulate first • Said Nationals have to work together • PA Bar opposes any attempt to define paralegal

National Regulation Schemes • Through Bar Association • Through Legislation • Self Regulation

Types of Regulation • Registration • Certification • Licensure

Registration • List names with an association or agency • Can be voluntary or mandatory • Usually no education or training requirements

Certification • Usually voluntary • Must meet qualifications (educational, testing, work experience) • Examples – PACE Registered Paralegal, CP, etc. • State voluntary certification programs – Delaware – Pennsylvania

Licensure • Person granted a license to practice • Person met set qualifications in an occupation • Generally most restrictive form of regulation

Regulation Schemes Should Encompass • Disciplinary provisions • Ethical Codes or Standards • Insurance unless under other direct supervision • Ability to be grandfathered in by certain deadline • Other

Why We Need Regulation • Strengthen the profession • Students • “Summer interns” • Provide quality, cost effective, legal services

What’s Out There • We will hear a lot more later • California legislation defines paralegal • Connecticut just tried to get rid of paralegals • Florida proposed legislature • Other states are following

What We Need to Overcome • Need to work together • Scared attorneys • Bad “paralegal” entities