Vermont Bar Journal, Vol. 40, No. 2 Winter 2014, Vol. 39, No. 4 | Page 19

Vermont Paralegals Are Not Regulated As noted in Washington’s New APR 28, safeguarding the general public from incompetent legal assistance means requiring legal professionals to obtain and maintain certain education and experience. Currently, there are no regulations or mandatory standards in Vermont to become a paralegal. While the VPO does require a certain level of combined education and experience in order to be a voting member of its organization,3 one does not have to become a VPO member to work as a paralegal in Vermont. Likewise, the VBA has requirements that must be met before a paralegal may become an associate member of the VBA but VBA membership is also not a requirement to work as a paralegal. Although paralegals are not required to obtain certification in Vermont, voluntary certification is available. The Paralegal Advanced Competency Examination (PACE) is a national certification examination administered by the National Federation of Paralegal Associations. PACE was developed by a professional testing firm in conjunction with an independent task force of paralegals, lawyers, paralegal educators and legal advocates. It is administered by computer in a proctored testing facility, consists of two-hundred multiple-choice questions and must be completed in four hours. The questions on PACE are not practice-area specific. They often involve hypothetical scenarios that require advanced application of general legal knowledge, paralegal experience, and critical analysis to identify the correct answer. The exam is organized into five domains: (1) administration of client legal matters (23%); (2) development of client legal matters (30%); (3) factual and legal research (22%); (4) factual and legal writing (20.5%), and (5) office administration (4.5%). Ethics, technology, and legal terminology are incorporated into each domain. Nine Vermont paralegals have voluntarily taken PACE and have successfully obtained their Registered Paralegal (RP®) designation. Other certification exams exist for paralegals but because the VPO is affiliated with the National Federation of Paralegal Associations, most Vermont paralegals who have decided to seek certification have done so by passing PACE. Many other Vermont paralegals are certificated, meaning they have completed www.vtbar.org and passed a certificate or degree program in paralegal studies. Paralegals and Equal Access to Civil Justice Through their website the VPO receives approximately two requests per month from people in need of legal assistance. These requests range from preparing Family Division forms to legal research. To do such tasks, Vermont paralegals are required to have attorney supervision or they risk engaging in the unauthorized practice of law. A question from a potential client as seemingly innocuous as, “should I sign and return this form?” is problematic for a paralegal. Answering such a question could be considered legal advice and the unauthorized practice of law. In every instance for direct legal assistance, the VPO must respectfully decline and point the individual to another resource. If Vermont adopts limited legal licensure, paralegals will be able to provide limited direct legal assistance. Vermont paralegals also volunteer at free legal clinics in both Chittenden and Washington Counties. In Chittenden County, Women Helping Battered Women offers free legal clinics every Monday night. In Washington County, a clinic is being run through the collaborative efforts of the VPO, the firm of Primmer Piper Eggleston & Cramer, and a non-profit group called Circle (formerly known as Battered Women’s Service and Shelter). In addition, Burlington College holds free legal clinics on Saturday mornings as part of its Paralegal Certificate Program under the supervision of Attorney Sandy Baird. These clinics are invaluable, but their resources are limited, the need for services is great, and they offer no assistance outside the clinic setting. The primary role of the paralegals in these clinics is legal triage. Paralegals interview the service users to determine their needs and the scope of assistance required. This helps to better prepare the attorneys and saves time. The paralegals also prepare necessary forms for attorney review and help to determine if there are other area resources that may be available. Paralegals with limited licensure status could contribute significantly more in needed legal services and the demand for attorney involvement could be directed to the more complex matters. Paralegals: A Valuable Resource According to the Burea ԁ