Court considers plan to regulate state's paralegals.

Vigorous and persistent questioning by the justices highlighted the April 16 oral argument as the Supreme Court considered The Florida Bar's two-tier plan for regulating paralegals.

What problems does the plan address?

What good is it if only some seek to be regulated?

How will it protect the public?

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Would it diminish the responsibility of the lawyers who supervise the paralegals?

Could it overwhelm the court's regulatory system?

Does the court even have jurisdiction over paralegals?

Those were some of the questions justices wanted answered.

"We think this is a positive first step in terms of recognizing the professionalism of paralegals who are out there and raising the quality of practice of law at the bar," Ross Goodman, chair of the Bar's Special Committee to Study Paralegal Regulation, told the court.

The proposed voluntary program is supported by the Florida Alliance of Paralegal Associations, an organization that brings together the statewide Paralegal Association of Florida, Inc., and six other regional paralegal groups in the state. The South Florida Paralegal Association, however, argued the Bar's plan does not go far enough, and urged the court to consider enacting a mandatory certification system for those seeking to work as paralegals in Florida.

The Bar's proposal would create Chapter 20 in the Rules Regulating The Florida Bar. Under the two-tier system, the first tier would classify paralegals based on the definition in Bar Rule 10-2.1, as someone with education, training, or work experience who, under the supervision of a lawyer, performs delegated substantive work for which the lawyer is responsible.

Tier two paralegals would have to meet education and experience requirements or be certified by the National Association of Legal Assistants or the National Federation of Paralegal Associations. They could then hold themselves out as "Florida Registered Paralegals." They would also have to meet continuing education requirements. The proposal's grandfathering provision would allow paralegals who can show five years of substantial experience, but who don't meet the education or certification requirements, to become registered paralegals. That provision is limited to the first three years of the program.

"We don't know how many paralegals are going to come forward and want this regulation," Goodman said. "We don't know if it is going to be 10,000 paralegals, in which case it will be a sign to the Bar, as well as the...