Should local authorities rely on paralegals to present cases?

The issue of child care law is hitting the headlines again. Unqualified paralegal staff are being used to present cases on behalf of local authorities in lieu of qualified solicitors with the requisite experience. The public sector is being squeezed as it is being called on to make cuts in spending whilst continuing to deliver legal services for the communities they serve. Is it right that unqualified staff are being used to present complex and sensitive cases?

You only need to take a cursory glance at the recruitment pages of the trade press to identify that there is currently a substantial shortage of child care lawyers. Cost is also a major factor for local authorities at the moment as many organisations in the public sector are being called on to make budgetary cuts. To a certain extent local authorities have their hands tied – child care cases need presenting and paralegals with the right experience offer a cost effective alternative.

there is concern from some quarters over the use of paralegals in remits that were previously the preserve of solicitors

Whilst many operating in a paralegal capacity may not have the word ‘paralegal’ in their job title, it is widely documented that there are currently an estimated 50,000 paralegals in the UK. Unlike solicitors and barristers, there is no single formal qualification that paralegals are compelled to obtain before they can operate.

It is no wonder then that there is concern from some quarters over the use of paralegals in remits that were previously the preserve of solicitors, particularly for Children’s law. Whilst the National Association of Paralegals and the Institute of Paralegals strive to bring formal qualifications to their members that they can use to supplement experience gained on the job, there is still unease over the use of paralegals to present cases.

However paralegals do offer a viable alternative. It is widely acknowledged in private practice that paralegals have a massive part to play in the provision of cost effective legal solutions as was evidenced in our Future Lawyers research. If this is the case then why can’t local authorities also use paralegals to deliver cost effective services?

Even though it is possible to become a paralegal without gaining a formal qualification, there are paralegals that have gained significant amounts of experience in highly specialist areas such as child care that can capably do some of the work that a lawyer would normally do. Some local authorities are ensuring that the granting of ‘rights of audience’ is part of a paralegal’s personal development plan. As long as local authorities ensure that there are levels of internal authorisation, approved by qualified solicitors, that must be adhered to before a paralegal presents cases then why shouldn’t paralegals be granted ‘rights of audience’?

With the number of trained, but unqualified, legal candidates available on the market it would be foolish of local authorities to pass up the opportunity to take advantage of a candidate pool that offers a cost effective and viable option. Surely if a paralegal spends a significant amount of time applying, administering, interpreting, enforcing or advising on the law then they could prove a worthy acquisition?

The procedures around children’s law have been under the spotlight for some time so the focus for management should be on the quality of its staff. In general it’s not always possible to acquire talented lawyers so authorities must look to the future and this is where paralegals come in. They won’t suit every circumstance but at a time where funding isn’t readily available sometimes the only option is to compromise.

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