Bill Text: HI HB2775 | 2016 | Regular Session | Introduced
Bill Title: Paralegals; Licensure
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2016-02-01 - Referred to CPC, JUD, referral sheet 5 [HB2775 Detail]
Download: Hawaii-2016-HB2775-Introduced.html
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
2775 |
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TWENTY-EIGHTH LEGISLATURE, 2016 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
relating to paralegals.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The Hawaii Revised Statutes is amended by adding a new chapter to be appropriately designated and to read as follows:
"Chapter
paralegals
§ -1 Definitions. As used in this section:
"Consumer" means a natural person, firm, association, organization, partnership, business trust, corporation, or public entity.
"Director" means the director of commerce and consumer affaris.
"Paralegal," means a person who:
(1) Holds the person out to be a paralegal;
(2) Is qualified by education, training, or work experience to hold the person out as a paralegal;
(3) Either contracts with, or is employed by an attorney, law firm, corporation, governmental agency, or other entity; and
(4) Performs substantial legal work under the direction and supervision of an active member of the Hawaii state bar association, or an attorney practicing law in the federal courts of this State.
Tasks that are performed by a paralegal include, but are not limited to:
(1) Case planning, development, and management;
(2) Legal research;
(3) Interviewing clients;
(4) Fact gathering and retrieving information;
(5) Drafting and analyzing legal documents;
(6) Collecting, compiling, and using technical information to make an independent decision and recommendation to the supervising attorney; and
(7) Representing clients before a state or federal administrative agency, if that representation is permitted by statute, court rule, or administrative rule.
Tasks that are not performed by a "paralegal" include, but are not limited to:
(1) Providing legal advice;
(2) Representing a client in court;
(3) Selecting, explaining, drafting, or recommending the use of any legal document to or for any person other than the attorney who directs and supervises the paralegal;
(4) Engaging in conduct that constitutes the unlawful practice of law;
(5) Contracting with, or being employed by, a natural person other than an attorney to perform paralegal services;
(6) In connection with providing paralegal services, inducing a person to make an investment, purchase a financial product or service, or enter a transaction from which income or profit, or both, purportedly may be derived; and
(8) Establishing the fees to charge a client for the services the paralegal performs; provided that this paragraph shall not apply to fees charged by a paralegal in a contract to provide paralegal services to an attorney, law firm, corporation, governmental agency, or other entity.
§ -2 Licensure required to practice. No person may hold oneself out as a paralegal, or practice as a paralegal, unless the person is licensed by the director.
§ -3 Qualifications for licensure. (a) The director shall not grant a license to a person to practice as a paralegal unless the person presents evidence that the person possesses at least one of the following combinations of experience and training:
(1) A certificate of completion of a paralegal program approved by the American Bar Association;
(2) A certificate of completion of a paralegal program at, or a degree from, a postsecondary institution that requires the successful completion of a minimum of twenty-four semester units, or their equivalent, in law-related courses and that have been accredited by a national or regional accrediting organization or approved by the director;
(3) A baccalaureate degree or an advanced degree in any subject, a minimum of one year of law-related experience under the supervision of an attorney who has been an active member of the Hawaii state bar association for at least the preceding three years or who has practiced in the federal courts of this State for at least the preceding three years, and a written declaration from this attorney stating that the person is qualified to perform paralegal tasks; or
(4) A high school diploma or a general equivalency diploma, a minimum of five years of law-related experience under the supervision of an attorney who has been an active member of the Hawaii state bar association for at least the preceding three years or who has practiced in the federal courts of this State for at least the preceding three years, and a written declaration from this attorney stating that the person is qualified to perform paralegal tasks.
§ -4 License renewal; continuing education. (a) Licenses under this chapter are subject to biennial renewals.
(b) No person may renew a license under this chapter unless completes two hours of mandatory continuing legal education in legal ethics and six hours of mandatory continuing legal education in either general law or in an area of specialized law. The paralegal's supervising attorney shall certify the completion of these continuing education requirements; provided that the paralegal shall be responsible for keeping a record of the paralegal's certifications.
§ -5 Paralegal relationship to consumer. (a) It shall be unlawful for a paralegal to perform any services for a consumer unless the services are performed under the direction and supervision of the attorney, law firm, corporation, government agency, or other entity that employs or contracts with the paralegal.
(b) Notwithstanding subsection (a), nothing in this chapter shall prohibit a paralegal who is employed by an attorney, law firm, governmental agency, or other entity from providing services to a consumer served by one of these entities, if those services are specifically allowed by statute, case law, court rule, or federal or state administrative rule.
§ -6 Practice under attorney supervision; required. (a) It shall be unlawful for a person to identify the person's self as a paralegal on any advertisement, letterhead, business card or sign, or elsewhere unless:
(1) The person is licensed under section -2; and
(2) Performs all services under the direction and supervision of an attorney who is an active member of the Hawaii state bar association or an attorney practicing law in the federal courts of this State who shall be responsible for all of the services performed by the paralegal.
(b) The business card of a paralegal shall include the name of the law firm where the paralegal is employed or a statement that the paralegal is employed by, or contracting with, a licensed attorney.
(c) An attorney who uses the services of a paralegal shall be liable for any harm caused to a consumer as the result of the paralegal's negligence, misconduct, or violation of this chapter.
§ -7 Attorney-client privilege; maintained. A paralegal shall be subject to the same duty as an attorney with regard to confidentiality and the attorney-client privilege.
§ -8 Consumer cause of action; authorized. (a) Any consumer injured by a violation of this chapter may file a complaint and seek redress in the circuit court for injunctive relief, restitution, and damages. Attorney's fees shall be awarded in this action to the prevailing plaintiff.
(b) Any person who violates this chapter shall be subject to a fine of up to $2,500 and imprisonment of not more than one year.
(c) Any person convicted of a violation under this section shall be ordered by the court to pay restitution to the victim.
§ -9 Inapplicability of chapter. No individual employed by the State as a paralegal shall be subject to this chapter."
SECTION 2. This Act shall take effect upon its approval.
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INTRODUCED BY: |
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Report Title:
Paralegals; Licensure
Description:
Establishes a licensure program for paralegals.
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
