NALA SPECIAL REPORT. EXECUTIVE SUMMARY
NALA Statement Re Report of the New Jersey Supreme Court Committee
on Paralegal Education and Regulation
Background
By way of background information, the
New Jersey Supreme Court established
the above referenced committee in 1992.
Prior to that, the New Jersey Supreme
Court Committee on the Unauthorized
Practice of Law considered a question as
to whether an attorney who hires a
“independent” paralegal is supporting
someone in the unauthorized practice of
law. The Committee issued an opinion in
the affirmative in 1991 (Opinion 24.)
This opinion was reviewed by the New
Jersey Supreme Court which decided on
May 14, 1992, that there is no rational
basis for the disparate way in which
Opinion No. 24 treated employed and
independent paralegals.
In its opinion, the Court stated that
although independent paralegals may
have a greater potential for conflicts, the
risk is not essentially different from that
experienced by paralegals who change
jobs. Further, as paraprofessionals who
work solely under the supervision of
attorneys, independent paralegals were
not found to be engaged in the practice
of law. As part of the Court’s opinion, it
stated that a committee on paralegal
education and regulation “is necessary
and will be established to study the
practice
of
paralegals
and make
recommendations.” “The committee may
consider guidelines from other states, bar
associations and paralegal associations
in formulating the regulations for New
Jersey paralegals. Any such guidelines
or regulations should encourage the use
of paralegals while providing both
attorneys and paralegals with standards
that
together with
the Rules of
Professional Conduct can guide their
practices.”
NALA’s statement focused on several
key aspects of the report in light of the
corporate mission and responsibility of
the National Association of Legal
Assistants to support the development of
the paralegal profession. This includes
supporting
and
enhancing
the
professional growth of those within the
field; as wel