For the most part, the independent paralegal grew out of
the self-help law movement that originated in California
and other large metropolitan areas back in the 1960's and
1970's.
It was mostly comprised of non-lawyers, many of which had
undergraduate and graduate degrees in subjects other than
law. Many acquired their legal knowledge and skills by
working for a law firm.
The services provided by independent paralegals were
largely the result of the lawyer monopoly, in relation to
which, the majority of working people could not afford to
hire a lawyer. In many respects, the independent paralegal
movement was a form of rebellion against that monopoly.
Today, not only are paralegals expected to have a degree
in paralegal studies, but they are expected to have some
form of certification. Yet, despite those credentials and
certifications, paralegals are not allowed to provide
legal advice nor practice law. As such, it is the only
field that I know of where a person will spend years
studying and acquiring certification, but not be allowed
to idependentaly assert those skills, absent the arbitrary
control and interference of lawyers.
When someone today says that they are a paralegal, what
they are really saying is that they are an idiot, that
they are not allowed to offer legal advice, nor make a
legal determination, for fear of being branded with UPL.
Paralegals must move away from the constraints of lawyers
and paralegal associations and assert their right to work
in their chosen professions, no different than any other
graduate that utilizes the skills they earned.
Paralegals do not need to be regulated nor do they need to
be affiliated with associations that make money regulating
them. Rather, they must remain autonomous and let the free
market determine the value of their skills.
That is the foundation of the paralegal movement.
PLG