AGENDA TOPIC #2

NFPA 2013 ANNUAL MEETING

Hartford, Connecticut

Submitted by: Lisa Lynch, CRP, NFPA Secondary

Carrie Thompson, NFPA Primary

Association: Dallas Area Paralegal Association (DAPA)

Co- Sponsors: Minnesota Paralegal Association (MPA)

Arkansas Paralegal Association (ArPA)

Rocky Mountain Paralegal Association (RMPA)

Paralegal Association of Wisconsin (PAW)

Kansas Paralegal Association (KPA)

New Orleans Paralegal Association (NOPA)

Topic: Expanding the Eligibility Requirements to Sit for PACE® to Include Eligibility through having held a CRP™ credential for 2 years or more and having met certain additional requirements

Description: Currently the Eligibility Requirements to sit for the PACE® include the following years of work experience and education:

• An associate’s degree in paralegal studies obtained from an institutionally accredited school, and/or ABA approved paralegal education program; and six (6) years substantive paralegal experience; OR

• A bachelor's degree in any course of study obtained from an institutionally accredited school and three (3) years of substantive paralegal experience; OR

• A bachelor's degree and completion of a paralegal program with an institutionally accredited school, said paralegal program may be embodied in a bachelor's degree; and two (2) years substantive paralegal experience; OR

• Four (4) years substantive paralegal experience on or before December 31, 2000.

The Sponsors and Co-Sponsors of this Agenda Topic are of the opinion that the eligibility requirements should be expanded to include, inter alia, the holding of a CRP designation for more than two (2) years with a successful renewal, with six (6) years of substantive paralegal experience.

History: At the time the PACE® was implemented, the PCCE™ was not in existence.

Current Situation: NFPA currently has Corporate Partners that offer Master’s Degree programs in Paralegal Studies and Legal Studies. There are also numerous Bachelor Degree Programs that offer degrees in Paralegal Studies.

Pros: The proposed resolution would allow additional qualified paralegals to be eligible to take PACE® without the additional involvement of a Request for Exception by the Paralegal Certification Standards Committee (PCSC); thus, creating a time savings for the PCSC volunteers.

By expanding the eligibility requirements for the PACE® and allowing more qualified paralegals to sit for the exam, additional revenue may be generated in both RP® fees and CRP™ fees (exam fees, study groups, etc.), since by creating a new pathway for the PACE® eligibility, it would likely motivate those qualified for the CRP™ to take it, plus, it would create additional candidates for the PACE®.

If the CRP™ were to be leveraged in this manner with the RP®, it has the potential to help raise the profile of the CRP™ and to provide the credential with additional publicity.

Cons: None

Financial Cost: Costs for updating PACE materials to show new criteria, which could be off-set by future income from PCCE exam fees.

Number of Volunteers and Estimated Hours Needed: Vice President & Director of Paralegal Certification, NFPA Paralegal Certification Coordinators and PACE Standards Committee will need to work together to update all PACE information. Estimated hours: 4.0

Possible Legal Implications: None

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 resolution to expand the qualifications to sit for the PACE exam.

RESOLUTION:

WHEREAS, NFPA has a history of being the national leader for the paralegal community and a strong commitment to advancing the paralegal profession; and

WHEREAS, NFPA has previously developed the RP® and CRP™ designations to designate mastery of certain levels of paralegal knowledge, acumen and skills; and

WHEREAS, the CRP™ exam is being marketed as an exit exam for two-year paralegal programs and should be the equivalent of the two year paralegal degree, thereby requiring the same six years of experience as a two-year degree.

NOW THEREFORE, BE IT RESOLVED, that the eligibility requirements for PACE® shall be expanded to include the following criteria: passing and holding the CRP™ designation for two (2) or more years with a successful renewal, remaining a CRP® in good standing, and including at least six (6) years of substantive paralegal experience.

Related Prior Resolutions:

RESOLUTION 94-M11

WHEREAS the National Federation of Paralegal Associations ("NFPA") endorses, as stated in NFPA's regulation policy, the implementation of regulation to establish standards for all paralegals on a state-by-state basis insofar as its implementation is consistent with the NFPA Mission Statement and expands the utilization of paralegals to deliver cost-efficient legal services as determined by NFPA member associations in the affected jurisdictions; and

WHEREAS NFPA currently does not have the authority to implement mandatory licensing; and

WHEREAS it is the desire of NFPA to establish a two-tiered proficiency-based testing program to enhance the growth and development of the paralegal profession; and

WHEREAS NFPA has determined the criteria for establishing and implementing such a test.

NOW, THEREFORE, BE IT RESOLVED that the National Federation of Paralegal Associations ("NFPA") shall establish an advanced two-tiered proficiency-based test (the "Test") for the paralegal profession; and

FURTHER RESOLVED that the taking of the Test shall be voluntary; and

FURTHER RESOLVED that the First Tier of the testing program shall include general (not specific to practice areas), ethics, and state-specific sections; and the Second Tier of the testing program shall consist of testing in areas of specialization; and

FURTHER RESOLVED that the First Tier must be taken prior to, or in conjunction with, the Second Tier; and

FURTHER RESOLVED that the following criteria shall be met in order to be eligible to take the Test;

1. Education

(a) A bachelor's degree; AND

(b) completion of a paralegal program with an institutionally accredited school. Said paralegal program may be embodies in a Bachelor's degree.

2. Work Experience

(a) First Tier - 2 years work experience as a paralegal.

(b) Second Tier - 4 years work experience as a paralegal.

FURTHER RESOLVED that grandparenting provisions shall apply as follows:

1. First Tier - the above education criteria may be waived for paralegals with a minimum of three years' work experience as a paralegal; and

2. Second Tier - the above education criteria may be waived for paralegals with a minimum of five years' work experience as a paralegal. To qualify for the grandparenting provisions, a paralegal must make application to take the Test within one (1) year following the date the Test is activated. The time period within which one must commence taking the Test shall be determined at a later date.

FURTHER RESOLVED that a committee comprised of paralegals, attorneys, paralegals educations who are not attorneys, an members of the general public shall be established to develop the Test in conjunction with a professional testing company; and

FURTHER RESOLVED that NFPA shall retain ownership of the Test; and

FURTHER RESOLVED that the Test shall be administered by an independent entity for a fee; and

FURTHER RESOLVED that NFPA shall establish a foundation to receive the net income generated from the administration of the Test and the funds shall be utilized exclusively for the expansion of the paralegal profession.

RESOLUTION 97-2

GRANDPARENTING

WHEREAS, NFPA has determined that a grandparenting period shall apply in order to accommodate practicing paralegals who wish to take the Paralegal Advanced Competency Examination (hereinafter "PACE") but do not meet the education requirements; and

WHEREAS, NFPA set this grandparenting period at three years from the date PACE became available to be taken; and

WHEREAS, NFPA began offering PACE in June, 1996 but, due to circumstances beyond the control of NFPA, the Study Manual was not available at that time for purchase by those desiring to apply to take PACE; and

WHEREAS, NFPA, as a result, was not able to complete the preliminary work needed to have PACE completely operational within a reasonable time of the June, 1996 initiation of PACE; and

WHEREAS, NFPA seeks to extend complete fairness to those individuals who may be affected by the grandparenting time period.

NOW, THEREFORE, BE IT RESOLVED, that NFPA hereby extends the grandparenting period for taking PACE to December 31, 2000, in order to give those persons so affected the full courtesy of time originally intended when PACE was adopted.

RESOLUTION 03-3

PACE

WHEREAS, in recognition that the NFPA is a dynamic grass roots member driven organization dedicated to expanding the role of all paralegals in their diversity; and

WHEREAS, NFPA prefers a four (4) year degree, and

WHEREAS, the NFPA recognizes two (2) year institutionally accredited and/or ABA approved paralegal educational programs as valid and indeed has worked hard to encourage minimum standards and core competencies and to advance quality paralegal education standards and programs; and

WHEREAS, in recognition of NFPA's commitment to the psychometrically designed testing instrument to the level of a Bachelor's Degree plus experience; and

WHEREAS, in recognition of the value of experientially based education in addition to a two (2) year paralegal degree.

NOW THEREFORE, BE IT RESOLVED, that an Alternative Experiential Minimum Criteria in addition to a two (2) year institutionally accredited and/or ABA approved paralegal studies requirement as an option in lieu of a Bachelor's Degree be offered; and that the following criteria shall be met in order to be eligible to take PACE:

1. Education:

a) An Associates Degree in Paralegal Studies obtained from an institutionally accredited and/or ABA approved Paralegal Education Program; and


b) Six (6) years substantive paralegal experience;

OR

c) A Bachelor's Degree in any course of study from an institutionally accredited school and three (3) years of substantive paralegal experience;

OR

d) A Bachelor's Degree and completion of a paralegal program with an institutionally accredited school, said paralegal program may be embodied in a Bachelor's Degree; and

e) two (2) years substantive paralegal experience.

The Grandparent clause shall remain in its current form for those who do not meet the educational criteria, but had four (4) years paralegal experience on or before December 31, 2000.

All other provisions contained in previous resolutions shall remain in full force and effect.