AGENDA TOPIC NO. 2
2015 Annual Meeting
Honolulu, Hawaii
The primary purpose of an Agenda Topic is to discuss policy matters. An Agenda Topic need not be accompanied by a Resolution.
An Agenda Topic addressing the feasibility of NFPA drafting and publishing a “State of the Paralegal Profession Report.”
Submitted by: 2013 Ad Hoc Committee, State of the Paralegal Profession Report:
Mianne L. Besser, Committee Chair, RMPA, Region II
Ronell B. Badua, HPA, Region I
Kathy Connell, DAPA, Region II
Jessica Kubiak, CAP, Region III
Becky Reedy, NJCP, SJPA, Region IV
Jessica Mieles, NYC-PA, Region V
Melissa Hirst, MSLA, Association of Legal Administrators (Mile High Chapter)
Jeffrey Watts, MA, CP, NFPA Advisory Council Member
Bylaw:N/A
History:NFPA is recognized as a national leader for the paralegal community and has a strong commitment to advancing the Paralegal Profession. Historically, the NFPA has issued position statements pertaining to the NFPA and to the paralegal profession.
Current Situation: There is currently no comprehensive data compiled in one document regarding the State of the Paralegal Profession.
Strategic Long-Range Plan:The publication of a “State of the Paralegal Profession” (“Report”) would serve the core purpose of the Strategic Long-Range Plan: Advancing the Paralegal Profession.
Detailed Description of Recommendation: The NFPA delegates voted to establish an ad hoc committee during the 2013 Convention (Hartford, CT) to explore the feasibility of publishing the Report every four (4) years. The Report would provide a detailed analysis of events and trends affecting the Paralegal Profession. A portion of the Report would include detailed salary information by region and state that could be used to assess current salaries and preparation of fee applications. Additionally, this proposed survey could determine if paralegals holding the CRP and RP credentials are billed at a higher rate. (Please see legal implications below).
Pros:By publishing a Report every four (4) years, NFPA would demonstrate forward-thinking with regard to the Paralegal Profession and demonstrate why it is the “Leader of the Paralegal Profession.”
The Paralegal Profession is rapidly evolving as a result from advances in technology and eDiscovery. Changes in titles, including but not limited to JD Paralegal, Pre-Litigation Case Manager, and Litigation Support Professionals are being applied in traditional and non-traditional legal environments. Education levels and limited practice (i.e., Limited License Legal Technician) are also affecting paralegals and create the opportunity for an on-going study. By publishing this Report, NFPA could maintain its position as the leader in the profession, with the added benefit of keeping its member associations informed.
Cons:None noted.
Financial Cost: In the future there may be a cost to conduct and publish a survey; these costs could be deferred in different ways such as sponsorships by vendors or a “special edition” of the National Paralegal Reporter for a small cost.
Alternatively, NFPA could retain a third party to conduct and publish a survey. These costs are difficult to quantify as third party vendors are not willing to discuss pricing without guarantee of future business. In general, there is a fiscal investment on the part of NFPA that could require an expenditure of a few hundred dollars up to tens of thousands of dollars on a salary survey.
As NFPA funds are limited, and the prevailing need to update PACE, it is the recommendation of the 2013 ad hoc committee that the Salary Survey portion of the Report be excluded (a) as there are innumerable publicly available sources of salary information available for low-cost/no-cost; and (b) until such time that NFPA accumulates sufficient funds to complete said salary survey through a formalized budgeting process under the direction of the Treasurer and Director of Finance.
Number of Volunteers and Estimate of Hours Needed: Approximately 40 hours per month, depending upon the committee size, to research and provide a detailed report to the NFPA Delegates during the 2016 Annual Convention and Policy Meeting to be held in Burlington, Vermont.
State any known legal implications: There may be anti-trust issues associated with the production by NFPA, a paralegal “trade group,” in producing a billing rates survey. Please see information from the Association of Legal Administrators (ALA), The Committee would need to further research this issue with pro bono counsel. If it is found to be applicable and valid and such a billing rate survey should not be conducted by NFPA, these provisions would be excluded from the analysis in the Report.
However, it is the committee’s understanding it may be possible to work within the boundaries of the anti-trust law to accomplish a billing rate survey, provided that: (a) survey be conducted by a neutral third-party;(b) the survey responses be aggregated such that it is not possible to reverse-engineer back to one individual response; and (c) that the survey be broad and include non-NFPA members. The Committee and, possibly, pro bono counsel should review to ensure compliance with applicable law.
Have you reviewed NFPA’s Bylaws, Policy Manual and/or Procedures Manual to determine if there are any conflicts? Yes No If yes, please provide details.
There are no apparent conflicts to the proposed establishment of a Committee to explore the publication of the Report by NFPA.
Resolution:
WHEREAS, NFPA has a history of being a national leader for the paralegal community and a strong commitment to advancing the Paralegal Profession; and
WHEREAS, the ad hoc committee created at the 2013 NFPA National Convention to investigate the feasibility of publication of a “State of the Profession” report every four years finds that this is possible and would be an opportunity for NFPA and its member associations to stay on the cutting-edge of changes within the Paralegal Profession,
WHEREAS, the ad hoc committee has researched costs associated with NFPA conducting a Salary Survey, and being fully advised regarding current financial limitations of NFPA, and as a means of acting with fiscal responsibility and due diligence, this committee recommends that the Inaugural edition of the State of the Paralegal Profession Report be prepared without a Salary Survey as the means by which the Survey is to be conducted, by and through NFPA or contracting with third party service provider, should be an established budgetary line item which should be reviewed and considered by the Treasurer and Director of Finance. In addition, prior to submitting a Salary Survey, NFPA should seek guidance and a legal opinion from pro bono counsel with respect to possible anti-trust concerns; moreover, there is an availability of Salary Survey information in the public domain for no-cost or low-cost. This committee recommends that a Salary Survey should be postponed as a component of the State of the Paralegal Profession Report until Association finances have improved to support such a financial investment or the second edition of the State of the Paralegal Profession Report is printed to coincide with Convention in 2020, whichever may come first,
NOW, THEREFORE, BE IT RESOLVED, that the NFPA create a Committee consisting of members of the NFPA Board of Directors, delegates, association members, members of the Advisory Committee, non-attorney representatives from other legal professions including but not limited to American Association for Paralegal Education (AAfPE), the Association of Legal Administrators (ALA), the International Paralegal Management Association (IPMA) and the Steering Committee for the Limited License Legal Technician Program (WA) or Legal Navigators (NY), with the Committee consisting of an odd number, with membership ranging from seven to eleven be established and to begin preparing the State of the Paralegal Report, excluding a Salary Survey component; and
FURTHER BE IT RESOLVED, that a State of the Paralegal Profession Report Committee be established and charged with:
1.Initiating the process of creating for publication purposes a State of the Paralegal Profession Report by reporting on trends in the delivery of legal services which may potentially affect the Paralegal Profession; educational and CLE topics and modes/delivery of training; any changes to titleswithin the paralegal profession; the state of regulation/limited practice; and any prevalent and consistent ethical violations by paralegals; and
2.Providing quarterly reporting to the Delegates and members of the NFPA Board of Directors regarding the status of the State of the Paralegal Profession Report through Inside Reports submitted to the Vice President and Director of Professional Development; and
3.Submitting an Inaugural State of the Paralegal Profession Report no later than the 2016 Annual Convention and Policy Meeting to be held in Burlington, Vermont.
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