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Peel vs. Attorney Registration and
Disciplinary Committee of Illinois
The Certified Legal
Assistant Program and the United States
Supreme Court Decision in Peel v. Attorney Registration and
Disciplinary Committee of Illinois.
Note: This was published in 1996
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| The United States Supreme Court
has addressed the issue concerning the utilization of professional
credentials awarded by private organizations. In Peel v. Attorney
Registration and Disciplinary Committee of Illinois, 110 S.Ct. 2281
(1990), the Court suggested that a claim of certification is truthful
and not misleading if: |
the claim itself is truethe bases on which certification
was awarded are factual and verifiable
the certification in question is
available to all professionals in the field who meet relevant,
objective and consistently applied standards
the certification claim does not
suggest any greater degree of professional qualification than
reasonably may be inferred from an evaluation of the certification
program's requirements.
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| Further, the Court advised that there must be a qualified organization
to stand behind the certification process. We will describe the
Certified Legal Assistant program based on these guidelines. |
The CLA program is administered by
a bona fide organization.
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Headquartered in Tulsa, Oklahoma, the National Association of Legal
Assistants, Inc., was incorporated in April of 1975. It is a non-profit
association, tax-exempt under IRS code 501(c)(6). The association is
managed by a professional staff of seven employees under the direction
of a voluntary board of directors. The annual budget for NALA is in
excess of $800,000. |
The National Association of Legal Assistants, Inc., is composed of over
5,000 individual members and 87 state and local affiliated associations,
representing over 16,000 legal assistants. Established in 1975, NALA
goals and programs were defined to: |
- increase the professional standing
of legal assistants throughout the nation
- provide uniformity in the
identification of legal assistants
- establish national standards of
professional competence for legal assistants
- provide uniformity among the states
in the utilization of legal assistants
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The Certified Legal Assistant Program is one of many programs designed
to support the legal assistant profession. NALA is associated most often
with this program; however, other services and programs for member and
non-member legal assistants are offered by NALA. These programs are: |
NALA NET:
NALA members have the only on-line information service dedicated to the
legal assistant profession. NALA NET files feature summaries of case
law, ethical opinions, legislative bills and bar association guidelines
and membership requirements. NALA NET files provide cutting-edge
information tracking the growth of the legal assistant profession. The
800 NALA NET number allows a legal assistant to be in immediate contact
with legal assistants throughout the nation at no cost.
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Publications:
Since the late 70's NALA has published books and materials for legal
assistants. The NALA MANUAL FOR LEGAL ASSISTANTS available through West
Publishing Company is now in its second edition. West Publishing Company
also publishes NALA's CLA REVIEW MANUAL, the NALA CLA STUDY GUIDE AND
MOCK EXAMINATION, and will be publishing review texts for each of the
NALA specialty examinations.
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Periodicals:
FACTS & FINDINGS, NALA's quarterly magazine for legal assistants is
the professional journal for legal assistants. The publication offers
in-depth educational articles and treatises keeping legal assistants
informed of current developments in specialized practice areas.
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Workshops and Seminars:
NALA's annual convention, held in July, offers specialized workshops for
advanced and novice legal assistants. The association also sponsors two
four- day courses for preparation for the CLA and CLA specialty
examinations.
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Occupational Research:
Through its bi-annual utilization and compensation survey, now 10 years
old, NALA is able to provide detailed information tracking the growth,
duties, responsibilities and compensation of legal assistants. This
research, along with the tremendous amount of research necessary for the
certification programs, is conducted by professionals in the field and
offer reliable and valid national data. NALA's 1988 National Utilization
and Compensation Survey Report is referenced in the opinion of the
United States Supreme Court in Missouri v. Jenkins, 491 U.S. 274, 289 n.
11 (1989).
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Claims of certified status of
legal assistants are verifiable.
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| NALA Headquarters maintains a directory of Certified Legal Assistants
which is available to bar associations upon request. Headquarters may be
called to verify the certification status of a legal assistant. The CLA
designation is a certification mark duly registered with the U.S. Patent
and Trademark Office (No.1121999). Any unauthorized use is strictly
forbidden. |
In order to become a Certified Legal Assistant, one must qualify for the
CLA examination, successfully complete a two-day examination, and
maintain the certification through participation in at least 50 hours of
continuing legal education every five-year period subsequent to the
examination. Certification is valid for five years. Lifetime
certification is not available. Employers are urged to confirm the
certified status of a legal assistant. |
Certification is available to all
professionals in the field who meet relevant, objective and consistently
applied standards. |
Eligibility Requirements:
To qualify for the CLA program, a legal assistant must meet one of the
following requirements: |
1. Graduation from a legal assistant program that is: |
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.
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| All applicants meeting this qualification must submit a copy of the
school's official transcript showing all courses taken and date of
graduation with the application form. For those applying under 1.c., a
letter or copy of a certificate of completion must be submitted. The
letter/certificate must include a statement that the certificate program
is a post- baccalaureate program. |
2. A bachelor's degree in any field plus one (1) year's experience as a
legal assistant. Copy of official transcript showing date of graduation
must be attached to application. Successful completion of at least 15
semester hours (or 22 1/2 quarter hours or 225 clock hours) of
substantive legal assistant courses is equivalent to the one year
experience. |
3. A high school diploma or equivalent plus seven (7) years' experience
as a legal assistant under the supervision of a member of the Bar plus
evidence of a minimum of twenty (20) hours of continuing legal education
credit to have been completed within a two (2) year period prior to the
examination date. |
These requirements are considered minimum standards for entry into the
legal assistant profession and are based on occupational research of the
field. Applicants must submit complete transcripts of their academic
work which is considered proof of completion of an educational program
and verification of their work experience under the supervision of a
member of the bar. |
All legal assistants meeting these requirements are eligible to take the
CLA examination. |
This two-day examination has been developed and is under constant watch
and revision by a board consisting of Certified Legal Assistants who
have also achieved advanced specialty certification, attorneys and
paralegal educators. The composition of the board is such that there is
equal voice in the examination development process by members of the
most important elements of a career field- practitioners, employers and
instructors. |
Technical review of the examination is under the guidance of a
professional testing consultant, Hanson Research Systems of Garden
Grove, California. Services provided by this company include a technical
study of the performance of each individual item, how each item relates
to the subject of the examination section, and how each examination
section relates to overall performance. |
This combination of information by those on the cutting-edge of the
legal assistant career field with the technical expertise of those
skilled in the area of professional testing has produced a valid and
reliable certification examination for legal assistants nationwide. As
of this writing, 8,094 legal assistants have achieved the Certified
Legal Assistant designation. |
Finally, the CLA examination is administered under rules and regulations
designed with advice of counsel and in accordance with such governmental
acts as the Americans with Disabilities Act and in consideration of such
issues as anti-trust and fairness. Further, all examinee applications
and records are confidential. |
Recertification Requirements:
To maintain the certification credential, all CLA's are required to meet
certain continuing education requirements. The CLA credential will be
revoked from all Certified Legal Assistants failing to meet the
recertification requirements. The legal assistant must then retake the
CLA examination to use the credential again. |
The certification claim does not
suggest any greater degree of professional qualification than reasonably
may be inferred from an evaluation of the certification program's
requirements. |
The association presents the CLA program as a valid testing program for
professional legal assistants. It is a voluntary program and not
required as a condition precedent to employment by any state. Completion
of the CLA examination attests that a legal assistants has demonstrated
knowledge and skills necessary to meet a national standard in a
measurable, objective way. |
While the association encourages Certified Legal Assistants to advise
others of their achievement and success in this program, it does not
encourage legal assistants to use the CLA as proof of a knowledge or
skill that is not measured by the examination. |
Summary:
In summary, the National Association of Legal Assistants defines a legal
assistant as follows: |
Legal assistants/paralegals are 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.
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The National Association of Legal
Assistants does not support a concept of delivery of legal services to
the public by those not licensed to practice law. Further, the National
Association of Legal Assistants specifically advises all members and
Certified Legal Assistants to carefully specify and emphasize their
non-lawyer status in all communications. Any representation that maybe
misleading or unclear as to the non-lawyer status of a legal assistant
could be in violation of the NALA Code of Ethics and Professional
Responsibility and in violation of attorney's codes in many states. All
NALA members and Certified Legal Assistants are bound by the NALA Code
of Ethics and Professional Responsibility.
©Copyright 1998 NALA, All
rights reserved.
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