Welcome to the West
Texas Paralegal Association (“WTPA”) website. We hope that
you find this user friendly website helpful in accessing
information about the Association, its officers, and
upcoming events.
As a member of the Association, you will find great benefits in
networking opportunities, valuable resources, attending well
organized educational CLE’s, and developing long lasting
friendships with other Association members.
If you are visiting this website and you are not currently a member, I
strongly encourage you to become a member. The Association
has developed a very strong foundation during the past 25
years which can only grow and improve with the addition of
new members. To become a member, click on the Join Us tab
where you can find information and the applications for
membership.
To all our current members, thank you for being part of this Association
and for your continued commitment to our objects and
purposes.
To all of our sustaining members, we value your continued support. You,
along with our members, have helped in developing our strong
foundation throughout the past years.
If you have any questions or comments or would like additional
information about our Association, please feel free to
contact one of the current officers. You will find a listing
of all the Officers and Committee Chairs along with contact
information for each by clicking on the Officers tab.
Elma Moreno
President, WTPA |
July 11, 2009 - 10:00 a.m.
Membership Meeting
Law School Clinical Program Conf. Rm.
Speaker: Gary Terrell
"Law of Acknowledgements"
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In 2005, the State Bar of Texas Board of Directors, and the
Paralegal Division of the State Bar of Texas, adopted a new
definition for "Paralegal."
A paralegal is a person, qualified through various combinations
of education, training, or work experience, who is employed or
engaged by a lawyer, law office, governmental agency, or other
entity in a capacity or function which involves the performance,
under the ultimate direction and supervision of a licensed attorney,
of specifically delegated substantive legal work, which work, for
the most part, requires a sufficient knowledge of legal principles
and procedures that, absent such a person, an attorney would be
required to perform the task.
On April 21, 2006, the State Bar of Texas Board of Directors
approved amending this definition by including the following
"STANDARDS," which are intended to assist the public in obtaining
quality legal services, assist attorneys in their utilization of
paralegals, and assist judges in determining whether paralegal work
is a reimbursable cost when granting attorney fees:
A. Support for Education, Training, and Work Experience:
1. Attorneys are encouraged to promote:
a. paralegal attendance at continuing legal education programs;
b. paralegal board certification through the Texas Board of Legal
Specialization (TBLS);
c. certification through a national paralegal organization such as
the National Association of Legal Assistants (NALA) or the National
Federation of Paralegal Associations (NFPA); and
d. membership in the Paralegal Division of the State Bar and/or
local paralegal organizations.
2. In hiring paralegals and determining whether they possess the
requisite education, attorneys are encouraged to consider the
following:
a. A specialty certification conferred by TBLS; or
b. A CLA/CP certification conferred by NALA.; or
c. A PACE certification conferred by NFPA; or
d. A bachelor's or higher degree in any field together with a
minimum of one (1) year of employment experience performing
substantive legal work under the direct supervision of a duly
licensed attorney AND completion of 15 hours of Continuing Legal
Education within that year; or
e. A certificate of completion from an ABA-approved program of
education and training for paralegals; or
f. A certificate of completion from a paralegal program administered
by any college or university accredited or approved by the Texas
Higher Education Coordinating Board or its equivalent in another
state.
3. Although it is desirable that an employer hire a paralegal who
has received legal instruction from a formal education program, the
State Bar recognizes that some paralegals are nevertheless qualified
if they received their training through previous work experience. In
the event an applicant does not meet the educational criteria, it is
suggested that only those applicants who have obtained a minimum of
four (4) years previous work experience in performing substantive
legal work, as that term is defined below, be considered a
paralegal.
B. Delegation of Substantive Legal Work:
"Substantive legal work" includes, but is not limited to, the
following: conducting client interviews and maintaining general
contact with the client; locating and interviewing witnesses;
conducting investigations and statistical and documentary research;
drafting documents, correspondence, and pleadings; summarizing
depositions, interrogatories, and testimony; and attending
executions of wills, real estate closings, depositions, court or
administrative hearings, and trials with an attorney.
"Substantive legal work" does not include clerical or administrative
work. Accordingly, a court may refuse to provide recovery of
paralegal time for such non-substantive work. Gill Sav. Ass'n v.
Int'l Supply Co., Inc., 759 S.W.2d 697, 705 (Tex. App. Dallas 1988,
writ denied).
C. Consideration of Ethical Obligations (See Note* below):
1. Attorney. The employing attorney has the responsibility for
ensuring that the conduct of the paralegal performing the services
is compatible with the professional obligations of the attorney. It
also remains the obligation of the employing or supervising attorney
to fully inform a client as to whether a paralegal will work on the
legal matter, what the paralegal's fee will be, and whether the
client will be billed for any non- substantive work performed by the
paralegal.
2. Paralegal. A paralegal is prohibited from engaging in the
practice of law, providing legal advice, signing pleadings,
negotiating settlement agreements, soliciting legal business on
behalf of an attorney, setting a legal fee, accepting a case, or
advertising or contracting with members of the general public for
the performance of legal functions.
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*Note: a more expansive list is included in the "General Guidelines
for the Utilization of the Services of Legal Assistants by
Attorneys" approved by the Board of Directors of the State Bar of
Texas, May, 1993.
These standards may be found at
www.txpd.org and at
www.texasbar.com paralegalstandards.
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