Colorado Paralegals-proposed Guidelines to the Next Century and Beyond: Part Ii
| Publication year | 1996 |
| Pages | 33 |
| Citation | Vol. 25 No. 11 Pg. 33 |
1996, November, Pg. 33. Colorado Paralegals-Proposed Guidelines to the Next Century and Beyond: Part II
It is intended that the proposed guidelines, as published in Part I,(fn1) this Part II, and consecutive issues, be a useful educational tool for attorneys and paralegals in that they confirm that attorneys may produce a greater volume and increased quality of legal work when they shift more substantive work to paralegals. As an introduction to this Part II, a short history and update on paralegal education is presented to familiarize attorneys with the variety of educational programs for paralegals.
Initially, paralegal training was done on the job, with little formal training. During this time, both paralegals and attorneys realized that paralegals not only could provide valuable, substantive legal assistance to attorneys, but also could assist in meeting an ever-growing demand for legal services.
In 1968, the ABA created the Special Committee on Lay Assistants for Lawyers and charged them with the responsibility of developing, encouraging, and increasing the training and utilization of nonlawyer assistants to enable lawyers to fulfill their professional responsibilities more effectively and efficiently. In 1971, the Committee became the Special Committee on Legal Assistants and conducted studies of legal assistants' duties, undertook a pilot project for on-the-job training, completed a study on the use of legal assistants in other professions, and began to develop a paralegal training curriculum for educational institutions.
In 1973, the ABA House of Delegates approved the Guidelines for the Approved of Legal Assistant Education Programs and authorized the Special Committee to begin implementing the approval program. In 1975, the House of Delegates changed the Committee's status from Special to Standing, and officially approved the first eight legal assistant training programs. There are currently 205 ABA-approved paralegal training programs out of a total of approximately 600 nationwide.
ABA approval is a voluntary credential available to paralegal training programs. This approval has had a strong impact on the quality of paralegal education throughout the United States, since the evaluation process has enabled training institutions to elevate their standards. The result of the approval process has been the development of superior paralegal education programs and an increased competency level of their graduates.
In 1981, the American Association for Paralegal Education ("AAfPE"), was formed by a group of paralegal educators, primarily to foster the exchange of teaching ideas and materials, since no standard curricula or textbooks were available at that time. AAfPE subsequently developed core competencies for the most commonly taught substantive courses. They now also provide guidelines regarding minimum competency levels for graduates of all kinds of paralegal training programs.
Today's training programs include associate, bachelor, post-graduate certificate, and nondegree certificate, and vary in length from six weeks to four years. Most formal paralegal training institutions offer a general practice program instead of specialized training. The consensus is that the general practice approach produces more marketable graduates who are better equipped to meet the hiring requirements of potential employers. The best general practice programs blend legal theory with job skill training and focus on analytical thinking and problem-solving.
Many programs overlook the benefits of on-the-job training as a primary teaching tool. The best paralegal training programs offer students internships where they can not only use the skills learned in the classroom, but also expand upon them. Internships also serve as excellent mentoring programs; students thrive and mentors gain professional satisfaction.
Graduate placement success plays a vital role in determining the viability of a given paralegal training curriculum. Employers increasingly demand a college degree and completion of an ABA-approved paralegal training program. Employer demands play a critical role in weeding out substandard programs, as well as in maintaining and/or increasing the average competency level among prospective hires.
"Distance learning" looms on the horizon as a factor in education. It is commonly referred to as interactive learning and includes instruction through multimedia: written materials; television; satellite downlinking; teleconferencing; and computers via CD-ROM, the World Wide Web, and the Internet. The effectiveness of this type of program remains to be seen. While distance learning is an option for individuals in unique circumstances (e.g., disabled persons, rural residents, or persons with a difficult schedule), there is debate as to whether it can ever duplicate the level of interaction and processing that makes the classroom learning experience unique. The ABA has yet to approve any paralegal training programs that utilize distance learning.
1. See "Colorado Paralegals---Proposed Guidelines to the Next Century and Beyond: Part I," 25 The Colorado Lawyer 63 (Oct. 1996).
The Committee desires input from members of the Bar and paralegals concerning the accuracy, confirmation, or additions to the following outlines. Please direct your comments to:
1. Discovery of Information:
a. Locate original will and lodge with appropriate court;
b. Conduct or assist with client interviews for discovery of information and determine if probate, administration or special administration is required; discuss with attorney formal versus informal administration;
c. Inventory decedent's residence and review decedent's papers and prior income tax returns for pertinent asset information; review decedent's real estate documents to determine if ancillary administration is required;
d. Conduct preliminary valuation of estate assets; refer to the Wall Street Journal or valuation services to value stocks and bonds; and
e. Request O & E information from title company to confirm ownership and liens against real estate.
2. Administration:
a. Draft (for attorney review) and file all necessary court documents to probate will and/or commence administration;
b. Prepare ticklers and progress chart of upcoming events and deadlines;
c. Publish Notice to Creditors by publication in appropriate newspaper and send original with proof of publication to court; prepare and mail Notice to Creditors by mail or delivery to known creditors;
d. Mail or deliver Information of Appointment to interested parties; mail or deliver original to court;
e. Prepare and file application for Employer Identification Number and obtain employer identification number and file notice concerning fiduciary relationship;
f. Establish estate bank and/or brokerage accounts, maintain or monitor all estate records, including collections and payments;
g. Correspond with banks, businesses, insurance companies, brokerage firms, employers, accountants, creditors, or debtors and others to collect asset information and other pertinent information;
h. Arrange for and attend inventory of safe deposit box;
i. Arrange for appraisals and correspond with accountants to obtain financial information on closely-held corporations, partnerships and sole proprietorships, and the review and study of such financial information;
j. Prepare and review with attorney, interim court pleadings such as inventory, petitions for partial distributions;
k. Prepare Request and Claim for Exempt Property and Family Allowances and review it with attorney; file with appropriate court;
l. Correspond with court personnel regarding estate administration; if necessary, appear before the Magistrate in formal proceedings;
m. Assist in processing medical claims;
n. Prepare and file claims for life insurance proceeds and death benefits; request Form 712, Statement of Insurance;
o. Assist client in address changes, notifying Social Security Administration, canceling credit cards, subscriptions, and requesting refunds;
p. Check for sufficient insurance coverage on estate assets and any special insurance requirements;
q. Monitor specific bequests for timely distributions;
r. Request register of actions from the court at end of creditors period to determine if any claims have been filed against the estate and confirm status of court filings;
s. Prepare disallowance of claims against the estate, documents for sale of assets, i.e., deeds and closing documents, for attorney review;
t. Confer with attorney regarding disclaimers of assets and preparation and filing of documents;
u. Draft papers to distribute assets for attorney review; transmit papers;
v. Prepare accountings;
w. Prepare for attorney review, all pleadings to close the estate, formally or informally; and
x. Conduct or assist in final conference with the client.
3. Taxes:
a. Assist with post-mortem tax planning options;
b. Provide attorney with information necessary to choose estate's taxable year;
c. Request decedents' income...
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