An exciting time as this ‘new profession’ matures

Published on Sunday 10 February 2008 20:38

CONFUSED? You are not alone… paralegals have long been a vital part of the legal market in Scotland. You’ll find them working with individual clients looking to buy a home or take a civil case, and you’ll find them working for Scotland’s largest commercial firms and financial institutions.

The Scottish Government and local councils employ them, and they work within Scotland’s charities and not-for-profit organisations. But you’ll notice I still haven’t defined exactly what a paralegal is.

So what happens when you ask paralegals to define their title themselves? Surely they know what a paralegal is? “A non-solicitor fee-earner” comes close to a definition, but seems to lack aspiration. From my previous work in the NHS it is extremely hard to imagine a highly qualified and experienced nurse-manager describing themselves as a “non-doctor care-giver”.

“Professional legal support staff” at least avoids a definition that rests on not being something, but then “support” doesn’t capture the workload of the hundreds of paralegals who are actually providing valuable front-line services to clients.

Perhaps more concerning is the fact that anyone can currently use the title. While law firms tend to have rigorous recruitment and supervision arrangements, especially since the solicitors supervising the paralegals remain personally responsible for the quality of their work, this is not always the case with non-law firms.

The Law Society of Scotland has received complaints in the past from members of the public who have thought they were getting legal advice from a qualified and knowledgeable source, only to find that anyone can use the title paralegal, that there are no set standards of practice or required qualifications, and as a group paralegals are not formally regulated.

This lack of clarity is confusing for the public and those working in the sector alike. However, the Law Society of Scotland, the professional body for solicitors, is now set to establish a registration scheme for paralegals. The Society is working closely with the Scottish Paralegal Association (SPA), the independent professional association whose experienced members are calling for clear standards and more formal regulation of the sector.

Work is underway that will define the learning outcomes and workplace experience someone must have before they can use the term “Law Society of Scotland Registered Paralegal”. There will be an online database allowing professionals and members of the public to quickly confirm whether someone is registered. Once registered, paralegals will be required to stay up-to-date in the law and best practice in client care.

Paralegals will also be able to access Society services, including our highly respected professional practice helpline, our award-winning monthly Journal, and Update – our continuing professional development courses and online learning. There will be a clear progression path to more senior levels of registration.

Rigorous standards will be set and maintained that will be transparent and flexible. We hope to work with organisations providing paralegal training to learn from their experience about what is appropriate and relevant in education and assessment.

The views of the public and clients will also inform the work. The recent review of how to qualify as a solicitor provides valuable data on what non-solicitors think key skills for those working in the sector should be. And, of course, we’ll also consult with employers and paralegals themselves to make sure both education and work-based learning are at an appropriate level.

The outcome of this work should lead to paralegals working to clear standards that the public can refer to, a defined career development route for paralegals, and clear grades to help recruitment, development and retention of paralegals for employers.

With so much change in the profession and legal services market at the moment, I’m sometimes asked why I am regularly citing this project as one of the most exciting the Society has underway at the moment.

I believe it’s because we are seeing essentially a new profession, with all that enthusiasm and experience, start to emerge and be formally recognised.

And it’s because we are starting to see the “legal profession” as not just solicitors and advocates, but as a vibrant and thriving part of the Scottish economy to which a whole range of professionals contribute – something that will be a guiding theme for the Society in the future.

The Society hopes to announce more details in the spring but, if you want to sign-up to receive further information as soon as it’s available, then please e-mail your name to

&#149 Neil Stevenson is the head of strategic change at the Law Society of Scotland.