Questions & Answers about NALA

Questions & Answers
about NALA

1. Describe the governing framework and structure of the National Association of Legal Assistants. Who makes policy decisions? How can each member have their opinions and needs heard by the decision makers of the organization?

The National Association of Legal Assistants is a non-profit association incorporated in the state of Oklahoma. It is tax-exempt under IRS code 501(c)(6).

The bylaws of this association set out its structure and organization. This document is available to each member of NALA upon joining and to each affiliated association upon approval of their affiliation. The bylaws is a member adopted document may only be amended by a 2/3 vote of active members of NALA.

The bylaws establish the duties and responsibilities of the NALA President and Board of Directors as delegated by the NALA membership. The Board is deemed to exercise all powers, authority and discretion which alternatively may be exercised by the members, except such as are by statute or by other provisions specifically reserved for the membership.

The Board of Directors is composed of the NALA President, First Vice President, Second Vice President, Secretary, Treasurer, Advanced Paralegal Certification Board Chair, Certifying Board Chair, Continuing Education Council Chair, Professional Development Committee Chair, 9 Regional Directors, and the Affiliated Associations Directors. Each of these members, except the Advanced Paralegal Certification Board Chair, Certifying Board Chair, Continuing Education Council Chair, and Professional Development Committee Chair, are elected by active members of NALA. All active members vote on candidates for national office. Members of each specific geographic region elect their regional director; representatives of NALA affiliated associations, who are also NALA members, elect the affiliated associations director. (Only NALA members may determine the composition of the Board of Directors). The President is elected annually (in March) by the Board of Directors from among its members.

The policies of this association are established by the membership of NALA and by the Board of Directors. Policies regarding the organizational structure, including membership qualifications, voting procedures, and duties and responsibilities of the Board of Directors, are specifically reserved for the membership. Policies describing NALA's position on a particular issue affecting our profession may be stated by the Board of Directors or the NALA President as long as the statement or position is in accord with the philosophies and directives of the NALA membership. All statements of the board and president are reviewed for consistency with membership adopted documents such as the bylaws, Code of Ethics and Professional Responsibility, and the NALA Model Standards and Guidelines for Utilization of Legal Assistants. If a policy is being considered that would conflict with these documents, the question must be presented to the membership.

NALA active members are the final word on all policies; the board and president must work under the direction of these policies. The membership establishes policies by amendment to the NALA bylaws or by adoption of a resolution. The procedures for bylaw amendments and consideration of resolutions are outlined in the bylaws. Voting and discussion on these documents take place during the annual membership meeting.

Policies and procedures must also conform with the NALA Articles of Incorporation, Oklahoma statutes, federal laws, and laws and regulations governing 501(c)(6) organizations.

NALA members have many opportunities to express their opinions and needs to the board of directors, the president, and each other. They may contact their regional directors, NALA committee members, officers, the president or NALA headquarters at any time. There is 24-hour access to NALA through NALA NET, the association's on-line communication system. Members may also share their thoughts and opinions with others through a letter to the editor of FACTS & FINDINGS.  A similar forum is also available through the NALA Net Conference Center.. 

Informal discussion forums for NALA members are offered during the NALA annual convention. These provide members with an opportunity to discuss the goals and plans and vision of their profession. Members then carry out their policy making decisions during the July annual membership meeting. There is no charge or registration fee for attendance at either the forums or the annual membership meeting.

UP

  2. Describe NALA membership in terms of:

There are four classes of individual membership in NALA: active, student, associate and sustaining membership. Active membership is the only membership classification which carries voting privileges. Active members are legal assistants who meet one of the requirements listed on the attached membership application form. In a nutshell, NALA active members are legal assistants qualified through education or experience.

Student, associate and sustaining membership status are non-voting classifications. The requirements for these membership classifications are  listed on the application form.

Legal assistant organizations whose objectives, aims, constitutions, bylaws or practice are in harmony with the objects and aims of NALA may affiliate with NALA, subject to the affirmative vote of the NALA Board of Directors. Through its affiliated associations director, the affiliated associations are offered a formal vote in the management of NALA, increased communications with affiliated legal assistant organizations nationwide, and a voice in membership discussions during the Annual Meeting Membership Forum.

All NALA members subscribe to the NALA Code of Ethics and Professional Responsibility and violation of this code is reason for removal of membership.

Affiliated Association fees: $200 per association; $225 Effective 6/1/06
Affiliated Student Association fees:  $50 per association
NALA Active members:  $105
NALA Student members: $40
NALA Associate members: $90
NALA Sustaining members: $60

NALA represents over 18,000 legal assistants through its individual membership and 85 affiliated associations.

Individual members of NALA affiliated associations are not required to become individual members of NALA. The affiliated associations program is an "association to association" program for the legal assistant profession. Through this program, NALA assists organizations in pursuit and implementation of their goals and objectives.

Affiliation with NALA does not jeopardize the individuality of the affiliated association and its members.

During the July annual meeting, a 1/2 day is dedicated to an annual meeting of NALA affiliated associations, providing an opportunity for members to share their experiences and programs, successes and difficulties. Speakers for the educational sessions of the meeting are selected through the Affiliated Associations Exchange Program and are announced several months before the meeting.  In addition, issues in association management are also discussed, presented by the professional staff of NALA.  The discussions and presentations have proven to be very helpful.

A special "Affiliates Expo" is also available during the July convention. This day and 1/2 event provides a place for affiliated associations to display information about their programs and events  . . . and an opportunity for the organizations tell others about their associations.

Affiliated associations receive:

. . . Publications which offer assistance with organizational matters such as a leadership manual; guidelines on how to conduct seminars; and sample bylaws with descriptions of these documents. Affiliates are also entitled to receive free consultation from NALA's professional staff, representing many years of experience in association management

. . . Publications which offer assistance to members in analyzing and reviewing issues affecting our profession. This includes FACTS & FINDINGS, NALA's quarterly publication; the annual Career Chronicle; and the bi-annual National Utilization and Compensation Survey Report.

. . . Special reports associations may use to inform members  of any urgent or special actions having an immediate effect or requiring immediate announcement. For example, NALA affiliated associations received by FAX the decision of the United States Supreme Court in Missouri v. Jenkins.

. . . The NALA Net Conference Center is a 24 hour communications center for NALA members and affiliated associations (through the NALA liaison officer).  Associations are provided a special area for announcements of upcoming meetings, events, and products for sale.  A link to the web site of NALA affiliated associations from the NALA web site is also available free of charge.

. . . Members of NALA affiliated associations who are not NALA members receive a waiver of the initiation fee should they decide to become NALA members - a savings of $15.

Materials and communications are furnished affiliated associations through their presidents and NALA liaisons. These officers serve as the communications link between NALA and the affiliated association.

NALA members receive all benefits listed for affiliates including, FACTS & FINDINGS, the NALA membership newsletter, free subscription to NALA NET, a direct voice and opportunity to guide their profession through involvement in their national professional association, opportunities to work on NALA committees and hold office, access to immediate information regarding special projects and issues within their state, and special discounts on continuing education programs.

The greatest benefit of NALA membership is a direct voice in the establishment of professional standards and codes of conduct for legal assistants.

NALA offers educational services and products unique to the legal assistant profession. That is our purpose and our focus. We have chosen not to participate in affinity programs such as credit cards, etc, because these programs seldom offer a service or benefit that speaks directly to our work as legal assistants; they do not offer any special benefits that are not otherwise available through other means. In addition to the administrative expense, most require telemarketing to individual members. NALA members have not expressed a desire to be subjected to a telemarketing, nor do members wish to expend the resources of its staff on matters unrelated to association activities.

Members may attend all NALA membership meetings and forums free of charge.

UP

3. What is your definition of paralegal/legal assistant?

The NALA membership adopted the following definition in 1984:

Legal assistants are a distinguishable group of persons who assist attorneys in the delivery of legal services. Through formal education, training, and experience, legal assistants have knowledge and expertise regarding the legal system and substantive and procedural law which qualify them to do work of a legal nature under the supervision of an attorney.

In 1986, the American Bar Association adopted a definition as follows:

A legal assistant is a person qualified through education, training or work experience, who is employed or retained by a lawyer, law office, governmental agency, or other entity, in a capacity or function which involves the performance, under the ultimate direction and supervision of an attorney, of specifically-delegated substantive legal work, which work, for the most part, requires a sufficient knowledge of legal concepts that, absent such assistant, the attorney would perform the task. (Note:  this definition was revised slightly in 1996).

In July 2001 the NALA membership approved a resolution to adopt the definition of the ABA. This action was taken  in recognition of the similarity of the definitions and the need for one clear definition.

These definitions are identical in concept. They describe legal assistants as qualified through education, training, or experience. Legal assistant duties involve substantive legal work as opposed to clerical work. Legal assistants work under the supervision of a licensed attorney.

UP

 4. Describe NALA's dedication to education and continuing education of legal assistants.

A primary function of this association is to provide continuing education programs for its members and non-member legal assistants. The association is totally committed to these programs. We offer continuing education programs in a variety of ways.

Annual workshops.  Held in July each year, NALA's annual meeting consists of three days of educational workshops, covering a wide range of subjects. The programs vary in their design, offering choices for advanced and inexperienced legal assistants. In 1999, NALA introduced The Institute, as part of the annual workshop schedule.  The Institute is a three-day (mornings) program designed for intensive review of a specific subject.  The 1999 program featured the practice of non-lawyers before the Office of Hearings and Appeals, US Social Security Administration. In July 2003, the Institute format was expanded to include three programs . . . 1) the practice of non-lawyers before the Office of Hearings and Appeals, US Social Security Administration; 2)  Probate and Estate Planning; and 3) the Essential Skills program.

CLA Short Course.  NALA offers the CLA Short Courses annually. This two and one-half day program is structured around the general areas of the Certified Legal Assistant program. The program serves as a review for those seeking professional certification. It also serves as a comprehensive practical skills course for legal assistants. The courses are extensive. In fact, those who have achieved the CLA designation may receive continuing education credits for participation in the CLA Short Course.

NALACampus.com. This is the nation's only  web site offering continuing legal education program for paralegals through audio lectures and self-teaching tests. Useful for in-house training programs, or to meet requirements to maintain certification, these seminars offer the best in CLE programs for paralegals.

Publications:

FACTS & FINDINGS. FACTS & FINDINGS

NALA Manual for Legal Assistants. First published in the 70's, this manual was one of the nation's first general textbooks for paralegals. Now in its third edition,  it remains a popular introductory text.

CLA Review Manual. Regardless of whether legal assistants wish to take the professional certification examination, this is a complete and practical guide for legal assistants working in a law office today.

Specialty Review Manuals. Study manuals are available for those seeking more concentrated, advanced review of a practice area of the law or those who are preparing for a CLA Specialty examination.  Manuals available at this time are on the subjects of Real Estate and Business Organizations.

Bi-annual Occupational Survey and Analysis. Initiated in 1986, NALA's occupational survey of the legal assistant profession has received the respect of those involved in the study of professions and occupations. With data covering more than 10 years, this survey provides analyses of the duties and responsibilities of legal assistants, compensation and billing levels. Analyses of survey results are guided by a professional research organization and are statistically sound.

Continuing Education Council:

In 1992, NALA emphasized its commitment to continuing education through establishment of the NALA Continuing Education Council. This council is composed of chairmen of all committees related to continuing legal assistant education, including seminar and publications committees. All CLE efforts are now directed by this council to provide for more continuity in planning, more input from NALA members, and more focused planning.

The association's commitment to continuing education or paralegals is unfaltering. As an example of this continued dedication, NALA recently hired a manager of  Educational Services, a full-time staff position to oversee the administrative functions of the CLE programs and work with the Continuing Education Council to develop new programs.

Legal Assistant Preparatory Education:

NALA assists with legal assistant educational programs through its publications, through its student membership program and through special programs with educators.

NALA adopted the requirements of the Certified Legal Assistant program, established by the Certifying Board, to identify what the association believes to be adequate educational background:

a) Approved by the American Bar Association; or
b) An associate degree program; or
c) A post-baccalaureate certificate program in legal assistant studies; or
d) A bachelor's degree program in legal assistant studies; or
e) A legal assistant program which consists of a minimum of 60 semester hours (or equivalent quarter or clock hours) of which at least 15 semester hours (or equivalent quarter or clock hours) are substantive legal courses.

NALA funds a member to serve on the ABA School Approval Commission.

NALA is an association composed of legal assistants, not professionals in post-secondary education. Although we are interested in the quality of educational programs, and communicate regularly with leaders in the field of legal assistant education, NALA offers its input from the perspective of working legal assistants and from occupational research of duties and responsibilities expected of those entering the career field. We consider the decisions of the informed leaders of the educational field, such as the American Association for Paralegal Education, to be in the interests of that portion of our profession.

UP

5. What amount of input is expected from each of your members regarding issues that affect paralegals?

NALA is an association composed of working legal assistants. With the numerous means of communications available to NALA members, the association's commitment to providing for open and regular communications among members is obvious. This association is made up of its members - if the leaders of the association expect anything, it is that members express their opinions and needs and comments about issues to the extent and depth they feel is necessary. Members may also express their wishes and desires through participation in the association's annual election process.

UP

6. What type and how often is information pertinent to paralegals, ethics, etc., forwarded to associations and individuals members?

Current and fast-breaking news appears on NALA's web page (www.nala.org) immediately. Additional information is available through the NALA Conference Center and members have access to this on a 24 hour basis. For example, a long awaited decision issued by the New Jersey Supreme Court appeared on the NALA web site the same day the decision was released . . . a report of the passage of a statute in Maine providing a definition of legal assistants/paralegals was tracked on the NALA home page.

Special mailings and communications by fax or e-mail are sent as necessary.

All regular communications include information pertinent to paralegals including ethics. These regular communications include the quarterly issues of FACTS & FINDINGS, and the membership newsletter. A minimum of three issues of the membership newsletter are published annually.

Treatises and lengthy discussions of significant events affecting the paralegal profession are featured in the annual CAREER CHRONICLE. Published in January, this special edition of FACTS & FINDINGS is produced by the NALA Professional Development Committee and serves as an annual report of major developments in our career field.

UP

7. State your position on regulation of legal assistants.

NALA believes it is the responsibility and duty of a profession to regulate itself rather being subject to state wide governmentally imposed regulations. In meeting this duty, NALA members created a national professional credentialing procedure, the Certified Legal Assistant program. This program is in compliance with governmental regulations and recognized testing standards.

On the matter of legal technicians, if the public is involved, the public interest is at stake, and the regulation of legal technicians becomes a matter of public policy. Public policy is addressed through state legislatures. NALA's interest in legal technicians is to the extent that the words "paralegal" or "legal assistant" are not used to identify these non-lawyers.

In June of 1998, a committee established by the New Jersey Supreme Court issued a report with recommendations to the Court which would have established a licensing procedure for paralegals in the state. NALA submitted a statement to the Court responding to the committee's report and recommendations and providing detailed information about the licensure of paralegals.  NALA's statement did, however, support a recommendation calling for the establishment of guidelines for the utilization of paralegals by attorneys. 

In May, 1999, the New Jersey Supreme Court issued its administrative determination.  Essentially, the Court found that regulation of paralegals by Court-directed licensing is not necessary.  It stated:  "regulation of paralegals should be conducted in a form that best serves the needs of the public, the bar, and the Judiciary . . . the Court has concluded that direct oversight of paralegals is best accomplished through attorney supervision."

Indeed, the licensure of a profession is a complicated and complex issue -- seldom undertaken to expand the duties of a career field and often resisted by those within a career field.  For further study, please refer to an article entitled: Issues Related to Licensure and Governmental Regulation of Paralegals, published by NALA.  This article includes language from the statutes of 12 states which define a licensing mechanism and what is required before a legislature will consider establishing a licensing procedure.

NALA's focus on this issue is the expansion of the legal assistant career field within its present setting. NALA members believe this to be the future growth for our profession.

UP

-END-