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Federal Primary and Secondary Sources
Supreme Court Reporter
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Recent Articles: “MY OPINION” ARTICLE FOR JANUARY/FEBRUARY 2002 LEGAL ASSISTANT TODAY MAGAZINE PUBLICATION “WEEKEND WONDER” SHORT-TERM PARALEGAL PROGRAMS HARM THE PARALEGAL PROFESSION By Robert J. LeClair (leclair@hawaii.edu) Caveat: Please realize that the comments in this article are my personal opinion and may or may not reflect the opinion of AAfPE. Additionally, none of these comments are intended to apply to short-term continuing legal education for practicing paralegals. My comments are limited to those programs attempting to provide entry-level paralegal training in periods of time that are woefully less than the minimums established by the ABA or AAfPE. In recent years there has been a proliferation of paralegal programs that claim to produce functional entry-level paralegals in training that involves less than 120 clock hours of instruction. Many of these programs are offered through the continuing education departments of major universities and/or through the Internet under the guise of “distance education.” Traditional paralegal educators have labeled these programs “weekend wonders,” due to claims of these programs to produce functional or “certificated” paralegals in six or seven weekends. It is my personal opinion that: 1) these programs should not be considered as meeting minimum standards of the requisite education to enter the paralegal profession; and 2) these programs do a fundamental disservice to the students enrolled in the course, to paralegal education, and to the paralegal profession. CAN THE SHORT-TERM PROGRAMS TRAIN FUNCTIONAL ENTRY-LEVEL PARALEGALS IN SUCH BRIEF TIME PERIODS? Both the American Bar Association (ABA) and the American Association for Paralegal Education (AAfPE) have set minimum educational standards to train an entry-level paralegal. By any stretch of the imagination, the time periods involved in the “weekend wonders” fall woefully short of the minimum standards set by either AAfPE or the ABA. Both ABA and AAfPE requirements set minimums of 60 total semester hours with 18 semester hours of substantive paralegal classes and 18 semester hours of general education (or the equivalent in quarter or clock hours.) A semester hour is typically defined as fifteen sessions of 50 minutes each session. By contrast, the typical length of the short-term programs is equivalent to approximately 6 semester hours. Respected paralegal educators and officers of national paralegal associations have expressed to me their strong belief that functional entry-level paralegals can not be trained in the limited time periods involved in the “weekend wonder” programs. IF THEIR TRAINING IS INADEQUATE, HOW HAVE THE SHORT-TERM PROGRAMS PROLIFERATED? Entrepreneurs have recognized the substantial profits to be made in education. The short-term programs have proliferated by using sophisticated marketing techniques involving three major areas: 1) the desire of students for a fast education; 2) the use of university continuing education departments that are not subject to curriculum review and offer courses based primarily on profitability; and 3) the use and lure of distance education. These three areas are discussed in greater detail in the following three paragraphs. Students are susceptible to the sophisticated marketing techniques used by the short-term programs. The “weekend wonder” programs appeal to the desire of potential students to enter the paralegal profession as quickly as possible. The weekend schedule of the programs and their short duration are very attractive to a society where “instant gratification is not fast enough.” The programs offer a “certificate” or claim to produce “certificated” graduates. Many students believe that this “certificate” is a credential that will be accepted by the legal profession as meeting the educational level required to enter the field. Students are excited while they are taking the short-term course, since it moves along quickly and covers only the highlights of each area. During the course, students generally assume that they are learning sufficient skills to function as a paralegal. “Reality” does not usually hit the students until they attempt to find employment. Even if they are able to find employment, they are discouraged when they attempt to function in today’s sophisticated legal markets and realize that their training has not adequately prepared them for employment as paralegals. Continuing education departments are generally not subject to curriculum review. Traditional paralegal programs, such as AAfPE Institutional member programs, must meet rigorous curriculum review standards within their institutions. Continuing education departments at most universities are not subject to these curriculum review standards. In the 1980's and 1990's, cash-strapped universities turned to continuing education as a means of generating income. Since these courses are seldom offered for credit, the primary consideration that has evolved is whether the course will produce income. Whether the course has traditional intellectual content that meets minimum standards is not a major consideration. This is not to say that a continuing education department is not an adequate site to house an effective paralegal program in some circumstances. Many quality programs are, in fact, located in such departments. Unfortunately, the “weekend wonder” programs have approached numerous continuing education departments and have offered to share the substantial revenues that can be generated from students seeking a fast-track to a paralegal career. The owner of the short-term program provides the teacher and the course materials. The university provides the space (and also its good name.) The short-term program uses the name of the institutions already offering its course to market to even more institutions. The program looks attractive to university personnel in charge of continuing education departments. The list of schools offering the program is impressive. The effort required of the university is very low and usually consists of offering a classroom, listing the course in the printed continuing education marketing brochures, and (often unknowingly) lending the good name of the institution to add credibility to the “weekend wonder” program. Profit margins to the school generally are at least 20% of the gross revenues and may be as high as 66% of the gross revenues. Thus, the “weekend wonders” have found a safe haven in continuing education departments, where they can bootstrap credibility based on the good name of the university while remaining free from curriculum review, program outcomes, or accountability for placement of “certificated” graduates. The Use and Lure of Distance Education. Distance
education is now being used as another means of offering “weekend wonder”
courses. There are significant positive ways in which distance education
can be used by traditional paralegal programs to augment course
offerings. However, a strong feeling on the part of many students does
exist that if something is offered by distance education, it therefore is
“cutting-edge” and must be of quality. Consumers are confusing “distance
education” with “quality education,” and the terms are not
synonymous. Many correspondence courses have dressed themselves in
distance education clothes and are marketing their courses to students who
assume the education is of quality. Thus, in recent years, the short-term
programs have added distance education as another primary means of course
delivery in addition to the continuing education department methods
previously described. The inadequate time periods involved in the
short-term programs exist regardless of whether the means of delivery is
through “live” instruction or through distance education. WHAT IS THE HARM FROM THE SHORT-TERM PROGRAMS? Although even limited amounts of formal education can be beneficial, entry into the paralegal profession requires education of sufficient length, sophistication, intensity, and quality to produce a functional entry-level paralegal. Those attempting to provide students with a paralegal education should maintain the minimum standards as established by the ABA and AAfPE. It is my opinion that the failure of the short-term programs to live up to these educational minimums harms the paralegal profession in the following ways: · Students are harmed when they spend significant sums of money in the false hope that sub-standard programs will provide them with an education that qualifies them to function as paralegals; · The paralegal profession is harmed by the poor job performance of graduates who have been inadequately prepared for the field; · The colleges and universities that offer these programs, or that offer campus space to these programs, are harmed by the damage to their reputations from the sub-standard education provided; · Paralegal education is harmed when students choose not to pursue paralegal education due to the bad reputation created by sub-standard programs; · Paralegal education is further harmed when employers who hire students from sub-standard programs assume that prospective employees from other programs are similarly ill-prepared to cope with the demands of the paralegal profession; and · Consumers of legal services are harmed by the actions of incompetent graduates of programs that fail to comply with accepted educational minimums and who, therefore, are not capable of performing the complex duties required of today’s paralegal. In short, the primary ones benefiting
from the “weekend wonder” programs are those who receive profits from the
programs, i.e. the university continuing education departments and the
owners of these short-term programs. WHAT CAN BE DONE ABOUT SHORT-TERM PROGRAMS? AAfPE program directors have consistently expressed their concerns about these short-term programs. As President of AAfPE, at our March, 2002 Board meeting, I will ask the AAfPE Board of Directors to consider the problems created by short-term programs. It is my hope that the AAfPE Board will issue a formal position statement outlining the damage being done by these programs. I also hope that any statement adopted will be broadly circulated to prospective students, AAfPE members, national and local paralegal associations, the presidents and boards of higher educational institutions, and continuing education departments of universities. The key to solving this issue must be education about the dangers and inadequacies of these programs. It is not likely that the owners of the short-term programs voluntarily will stop offering these programs, due to the financial rewards they are receiving. The only solution is for the educational institutions currently offering these “weekend wonder” programs to have sufficient integrity to investigate whether they are participants in a process that is harming students, paralegal education, the paralegal profession, and the general public. Robert J. LeClair is a 1971 cum laude graduate of Harvard Law School and has practiced law in Hawai‘i since 1972. He is the founder of the Paralegal Program at Kapi‘olani Community College in Honolulu, Hawai‘i and has served as its Department Chair from its inception in 1975. He is currently the President of the American Association for Paralegal Education.
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