By Amanda Hamilton, National Association of Licensed Paralegals.
We do not want to believe it, especially in this day and age, but sometimes, just being a woman places us in situations that we just don’t want to be in. This could relate to our workplace or at home, and when it is something that we are not confident about, such as knowledge of the law, we feel vulnerable.
It is a fact that women suffer from discrimination at work on the grounds that they are either not taken seriously or are overlooked for promotion. Taking the step to do something about it takes a lot of courage as there is an added stress that you may lose your job. Furthermore, doing something about it may be costly, especially if you use the services of a solicitor. This is the first individual that springs to mind when you need help with something ‘legal’.
The fact is that solicitors’ fees are quite prohibitive and out of reach for most people. Fees range from £150 per hour to £500/600 per hour.
Alternatives
However, there are alternatives. Many disputes or potential court actions can be prevented by using the services of a mediator, paralegal or McKenzie Friend. In the case of the former, a mediator can assist the parties to resolve their issues without the need to take the matter further.
Paralegal
A paralegal is usually legally qualified and can assist you in most areas of law. In fact a paralegal can do mostly everything a solicitor can do, although there are some reserved activities that remain the monopoly of solicitors which a paralegal cannot perform. Apart from these, there is a broad array of legal areas that a paralegal can assist with.
The benefit of instructing a paralegal is that they charge far less. On average (and this very much depends on the matter they are asked to assist with) fees of a paralegal will range from around £40 per hour up to about £80 per hour. Sometimes, there will be fixed fee charges for specific activities, such as drafting a Will.
Knowledge is power and understanding that you have options when it comes to asking for help about a legal matter is empowering!
McKenzie Friends
Another group of individuals that may be able to assist on legal matters is McKenzie Friends. Usually, these individuals are not legally qualified (although some can be retired solicitors) but have been through the court process and understand how it works. They can therefore give support and advice and help by taking notes during court proceedings. Traditionally, McKenzie Friends do not charge for the work they do, but there is a growing trend to charge small fees where appropriate.
The only drawback about using the services of a paralegal or McKenzie Friend is that these individuals are not regulated by statute, unlike solicitors or barristers. This means that anyone can refer to themselves as a ‘paralegal’ or ‘McKenzie Friend’ whether or not they have competency or qualifications. However, to safeguard yourself, you should always check that they are members of a professional body, such as NALP (National Association of Licensed Paralegals) or The Society of McKenzie Friends. These organisations have codes of practice and will have vetted their members carefully. They would also have a complaints procedure in place for consumers. Paralegals are encouraged to gain a Licence to Practise from NALP and there are strict criteria for eligibility. They must also have Professional Indemnity Insurance to cover the work they do.
Regulated Lawyers
There was a recent review of legal services that was published in the Summer of 2020 in which the author quoted some statistics from a survey of regulated lawyers (solicitors, Barristers, and chartered legal executives). This confirmed that only 20% of what they do falls into the category of reserved legal activities (e.g. activities that only solicitors, barristers and chartered legal executives are allowed to perform). This means that 80% of legal work that is undertaken, can be done by non-regulated individuals such as paralegals. Good to know!
So, if you are having difficulties at work and need advice, turn to a paralegal who will not only be able to assist you but could also represent you at a Tribunal if all methods of mediation fail. Similarly, if you need to take action against someone who owes you money, you can enlist the help of a paralegal or McKenzie Friend.
Specialist Paralegals
There are also specialist paralegals that can be called upon in relation to family and matrimonial matters, welfare issues, or any other business related issues such as employment contracts or commercial contracts. In fact, there will be a specialist paralegal for almost any legal concern you may have. The only exception to this is buying and selling property, which can only be done on your behalf by a solicitor or licensed conveyancer Qualified through the CLC (Council for Licensed Conveyancers), and immigration issues. Such matters are dealt with by specialist immigration advisers that are regulated by the OISC (Office of Immigration Services Commissioner).
Bio
Amanda Hamilton is Chief Executive of the National Association of Licensed Paralegals (NALP), a non-profit Membership Body and the only Paralegal body that is recognised as an awarding organisation by Ofqual (the regulator of qualifications in England). Through its Centres, accredited recognised professional paralegal qualifications are offered for a career as a paralegal professional. See: http://www.nationalparalegals.co.uk.
