Proposed rule change would puts notification burden on Florida Registered Paralegals
In another sign of their growing numbers, Florida Registered Paralegals would be required to notify an employer or supervising attorney of any status change under a proposed rule amendment that could soon be headed to the Supreme Court.
The Board of Governors, as early as December, could be asked to consider a proposed amendment to Rule 20-5.2 (Duty to Update).
Currently, the rule states, in part, that an FRP, or anyone applying for registration, has “a duty to inform The Florida Bar promptly of any fact or circumstance that would render the individual ineligible for registration or renewal, and The Florida Bar will notify the employing or supervising lawyer….”
By substituting three words, the proposed amendment would shift the burden to notify an employer or supervising attorney of any status change from “The Florida Bar” to the “Florida Registered Paralegal.”
With 4,453 FRPs, the burden to notify an employer or supervisor should be borne by the FRP, according to a staff analysis.
“Supervising attorneys could change frequently with a Florida Registered Paralegal, not to mention the large volume of status changes with Florida Registered Paralegals in continuing education compliance and fees.”
The Florida Registered Paralegal Eligibility and Compliance Committee, and the Florida Registered Paralegal Enrichment Committee approved the proposed amendment on June 21.
If the Board of Governors approved the proposal in December, it would go to the Supreme Court for final consideration.
In a May 9 order, In Re: Amendments to Rules Regulating The Florida Bar – Miscellaneous Petition, Case No. SC2024-0030, the Supreme Court approved a proposed amendment to Rule 20-3.1 (Requirements for Registration), that gave paralegals the ability to qualify for the program through work experience alone.
Known as “Designation by Attestation,” the amendment took effect July 8.
It allows paralegals to qualify under the FRP Program if they have five years of work experience out of the eight years immediately preceding the date of the application. For more information, see the FRP webpage.
Paralegals who apply under the subsection are also required to show proof of completing 30 hours general continuing education, 10 hours of ethics or professionalism, and 3 hours of technology. All courses must be accredited by The Florida Bar, the National Association of Legal Assistants, or the National Federation of Paralegal Associations to count for the requirement.
In a Summer 2023 edition of the newsletter “FRP Times,” then Florida Registered Paralegal Enrichment Committee Chair Karen R. George noted that “Designation by Attestation” was nearly ready for Supreme Court consideration.
“Two hurdles remain, but we are very hopeful that Designation by Attestation will succeed, opening the gates for non-degreed, experienced paralegals to bear the FRP designation and access its many benefits.”
The FRP program is voluntary and allows paralegals who meet certain minimum educational, certification, or work experience criteria, and who agree to abide by an established code of ethics, to refer to themselves as a Florida Registered Paralegal.
