Virginia Alliance of Paralegal Associations
VAPA
P.O. Box 88
Harrisonburg, VA 22803
Educational Standards and Professional Responsibility Guidelines for Legal Assistants in the Commonwealth of Virginia
Developed by the Virginia Alliance of Paralegal Associations (formerly known as Virginia Alliance of Legal Assistant Associations) and adopted September 19, 1994.
Recommended by the Virginia State Bar Standing Committee On Unauthorized Practice of Law by Resolution adopted March 8, 1995.
The Virginia Alliance of Paralegal Associations, formed in 1989, is comprised of ten legal assistant associations located within the Commonwealth of Virginia. It represents over 1,500 legal assistants across the state.
SCOPE AND PURPOSE
These Education Standards and Professional Responsibility Guidelines have been promulgated to assure the public and the legal profession that, in addition to good moral character and professionalism, an individual must meet certain standards to attain the identification of legal assistant, and must perform competently under established guidelines. In addition to these Guidelines and the Virginia Code of Professional Responsibility, the legal assistant must also be cognizant of the American Bar Association Model Code of Professional Responsibility and Model Rules of Professional Conduct.
DEFINITION OF A LEGAL ASSISTANT
The American Bar Association recognizes and has formulated guidelines for the utilization of legal assistants. Although there are several formal definitions of a legal assistant, in general, a legal assistant in a specially trained individual who performs substantive legal work that requires a knowledge of legal concepts. Legal Assistants either work under the supervision of an attorney, who assumes responsibility for the final work product, or work in areas where lay individuals are explicitly authorized by statute or regulation to assume certain law-related responsibilities. (The term "legal assistant" is used interchangeably with the term "paralegal." "Legal assistant" has been used throughout this document to maintain consistency in terminology.)
EDUCATIONAL STANDARDS
The purpose of these Education Standards is to set forth minimum qualifications for legal assistants in varied areas of law, acquired through formal education, training or work experience. These Educational Standards offer the employing attorney direction in determining an individual's qualifications as a legal assistant.
An individual meeting any one of these standards of education, training or work experience shall be deemed qualified as a legal assistant.
STANDARD I
GRADUATION FROM AN EDUCATIONAL PROGRAM FOR LEGAL ASSISTANTS WHICH HAS BEEN APPROVED BY THE AMERICAN BAR ASSOCIATION, OR FROM A COURSE OF STUDY FOR LEGAL ASSISTANTS WHICH IS INSTITUTIONALLY ACCREDITED AND WHICH IS IN COMPLIANCE WITH AMERICAN BAR ASSOCIATION GUIDELINES.
COMMENT
Institutions offering educational programs for legal assistants may voluntarily seek approval from the American Bar Association. Many programs offered in accredited, but not ABA approved, institutions may meet guidelines established by the American Bar Association.
STANDARD II
ACHIEVEMENT OF ANY OF THE FOLLOWING:
- A BACCALAUREATE PLUS EITHER OF THE FOLLOWING: (1) AT LEAST ONE YEAR EXPERIENCE AS A LEGAL ASSISTANT; OR (2) A MINIMUM OF 24 SEMESTER CREDIT HOURS OR THE EQUIVALENT OF PARALEGAL SPECIALTY COURSES; OR
- (1) ASSOCIATE'S DEGREE IN PARALEGAL STUDIES WITH 60 SEMESTER CREDIT HOURS OR THE EQUIVALENT, INCLUDING A MINIMUM OF 24 SEMESTER CREDIT HOURS OR THE EQUIVALENT OF PARALEGAL SPECIALTY COURSES; OR (2) ASSOCIATE'S DEGREE IN ANY SUBJECT (60 SEMESTER CREDIT HOURS OR THE EQUIVALENT) PLUS A MINIMUM OF 24 SEMESTER CREDIT HOURS OR THE EQUIVALENT OF PARALEGAL SPECIALTY COURSES; OR
- EXPERIENCE AS A LEGAL ASSISTANT UNDER THE SUPERVISION OF AN ATTORNEY FOR FIVE OR MORE YEARS; OR
- SUCCESSFUL COMPLETION OF A CERTIFYING EXAMINATION RECOGNIZED BY THE VIRGINIA ALLIANCE OF LEGAL ASSISTANT ASSOCIATIONS WHICH IS SPECIFICALLY DESIGNED FOR LEGAL ASSISTANTS AND THE CONTINUED MAINTENANCE OF THAT CERTIFICATION STATUS.
COMMENT
A combination of formal education, training, or work experience should provide the legal assistant with the requisite competence, professionalism, and broad exposure to the law necessary to the legal profession. Legal assistants should participate in continuing legal education and remain current on legal developments in their specialty areas.
PROFESSIONAL RESPONSIBILITY GUIDELINES
The following Professional Responsibility Guidelines provide a basis for the supervising attorney and the legal assistant as standards of performance, professional responsibility, and course of conduct.
GUIDELINE I
A LEGAL ASSISTANT SHALL NOT ENGAGE IN THE UNAUTHORIZED PRACTICE OF LAW AND SHALL NOT ENCOURAGE OR CONTRIBUTE TO ANY ACT WHICH COULD CONSTITUTE THE UNAUTHORIZED PRACTICE OF LAW.
COMMENT
The practice of law relates to the rendition of services for others that calls for the professional judgment of an attorney. A legal assistant shall not give legal advice or opinions, accept cases, set fees, or represent a client in court (unless specifically authorized by court or agency rules) or perform acts that attorneys themselves may not do.
Except as stated above, a legal assistant may perform any task delegated and supervised by an attorney, as long as the attorney is responsible to the client, maintains a direct relationship with the client, and assumes full professional responsibility for the work product.
GUIDELINE II
A LEGAL ASSISTANT MAY NOT REPRESENT A CLIENT BEFORE ANY COURT OR ADMINISTRATIVE AGENCY UNLESS EXPRESSLY PERMITTED BY STATUTE OR ADMINISTRATIVE REGULATION.
COMMENT
A legal assistant may not appear in court to plead, to try cases, to argue on behalf of another person, or to sign pleadings, except as expressly permitted by statute, court or administrative agency regulation. This does not, however, prohibit a legal assistant from signing documents as a witness or notary public, or in some other non-representative capacity, and does not prohibit drafting of documents or pleadings under the supervision of an attorney.
GUIDELINE III
A LEGAL ASSISTANT MAY PERFORM SERVICES FOR AN ATTORNEY IN REPRESENTATION OF A CLIENT, EXCEPT AS OTHERWISE PROHIBITED BY STATUTE, COURT RULE OR DECISION, ADMINISTRATIVE AGENCY RULES RO REGULATIONS, OR BY RULES OF DISCIPLINE RELATING TO ATTORNEYS.
COMMENT
Except as specifically prohibited, a legal assistant may perform assignments to assist any attorney in the representation of a client, provided that:
- the services do not require legal advice or opinion or constitute the unauthorized practice of law;
- the attorney maintains a direct relationship with the client and supervises all matters;
- the attorney remains fully responsible for all work done on behalf of the client and for any actions taken or not taken by the legal assistant;
- the work product of the legal assistant is considered to be part of the attorney's work product.
GUIDELINE IV
A LEGAL ASSISTANT MUST DISCLOSE PROFESSIONAL STATUS AT THE BEGINNING OF ANY PROFESSIONAL CONTACT.
COMMENT
In order to prevent any misunderstanding concerning the role of the legal assistant, it is imperative that clients and others outside the law firm are advised that the legal assistant is not an attorney.
GUIDELINE V
A LEGAL ASSISTANT MUST PRESERVE AND PROTECT THE CONFIDENCES AND SECRETS OF A CLIENT AS WELL AS THOSE INVOLVING ATTORNEY/CLIENT PRIVILEGE.
COMMENT
A legal assistant must preserve and protect the confidences of a client made either to the legal assistant or the attorney and must not violate any rules controlling privileged communication.
GUIDELINE VI
A LEGAL ASSISTANT MAY NOT ENGAGE IN CONDUCT WHICH WOULD CAUSE THE ATTORNEY TO BE CONSIDERED UNETHICAL OR EVEN APPEAR TO BE UNETHICAL
COMMENT
A legal assistant shall strive to maintain the high level of integrity and competence expected of the legal profession. A legal assistant shall report any unethical practice of an attorney or a legal assistant to the appropriate professional authority. A legal assistant shall strive to uphold the high standards of ethics and shall comply with the responsibilities imposed by statute or rules of court.
GUIDELINE VII
A LEGAL ASSISTANT SHALL NOT SHARE LEGAL FEES.
COMMENT
An attorney or law firm shall not share legal fees with a legal assistant. This does not, however, deny the legal assistant a salary, bonus, or benefits related to overall performance, but relates to compensation directly involving a particular legal fee or percentage of the profits of the attorney or law firm.
GUIDELINE VIII
A LEGAL ASSISTANT SHALL NOT FORM A PARTNERSHIP WITH AN ATTORNEY IF ANY OF THE ACTIVITIES OF THE PARTNERSHIP CONSIST OF THE PRACTICE OF LAW
COMMENT
This Guideline does not prevent the legal assistant from forming a business association with a member of the legal profession for purposes other than that of the practice of law.
GUIDELINE IX
A LEGAL ASSISTANT SHALL NOT PARTICIPATE IN MATTERS WHERE THERE MAY BE A CONFLICT OF INTEREST.
COMMENT
A legal assistant shall not participate in any matter in which a conflict of interest could have an influence on the exercise of judgment by the attorney. The personal, social, or business relationship or other nature of conflict must be disclosed to the attorney.
GUIDELINE X
A LEGAL ASSISTANT MAY HAVE A BUSINESS CARD AND MAY BE INCLUDED ON THE LETTERHEAD OF AN ATTORNEY OR LAW FIRM PROVIDED THAT PROFESSIONAL STATUS OF THE LEGAL ASSISTANT IS DESIGNATED.
COMMENT
A legal assistant may sign letters on an attorney's letterhead, provided that such signature is followed by the appropriate designation of the legal assistant's professional status.
GUIDELINE XI
A LEGAL ASSISTANT MUST MAINTAIN A HIGH LEVEL OF PROFESSIONAL COMPETENCY BY ACTIVELY PURSUING CONTINUING LEGAL EDUCATION.
COMMENT
The Virginia Alliance of Legal Assistant Associations recognizes, endorses, and encourages participation in continuing legal education courses sponsored by various Bar associations, legal assistant associations, and educational institutions.
These Educational Standards and Educational Guidelines are intended to serve as a general guide embracing the qualifications and assignments of the legal assistant. Specific questions may be addressed to the Virginia Alliance of Paralegal Associations.
All legal assistants shall strive to contribute to the delivery of high quality legal services by encouraging and promoting the growth and development of the legal profession in general.
Virginia Alliance of Paralegal Associations
VAPA Website
P.O. Box 88
Harrisonburg, VA 22803