Quite often, I received telephone calls and e-mails from individuals who have questions regarding certification exams in Texas. The questions range from what type of exams are there to reasons why one would take the time and trouble to sit for a voluntary exam. Even though certification exams have been around for many years, I am surprised at how little some legal assistants know about them. In particular, my firm (one of the largest in Texas) recently held a conference for its legal assistants in its Houston offices. Certification exams, among other topics, were discussed by the 125+ legal assistants. I was, once again, amazed at how many legal assistants at my firm were generally unaware of legal assistant certification.

Why would you want to take a voluntary certification exam? Most people who argue against certification exams cite reasons such as not getting recognition from their attorneys, no assistance with fees, no salary increases, etc. The argument essentially translates into "what's in it for me?".

The answer to this question is EVERYTHING is in it for you: your professional status, recognition of professional standards, self-regulatory mechanisms (instead of mechanisms forced upon you), your future with your employer, your billable rate, and most of all, your confidence and self-esteem. While passing certification exams cannot guarantee you anything other than an opportunity to hang something on your office wall, it has positively affected legal assistants in many ways.

An unexpected way certification can affect you is through your firm's potential clients. Many of today's clients are becoming savvy consumers. And, as many law firms today literally place bids in order to obtain that certain company or group of companies as their client, many of these potential clients are asking questions about the credentials of the firm's legal assistants. While many of us might say that our firm does not understand the significance of certification, I believe you would reconsider that position after a client becomes willing to pay a higher billable rate for the firm's certified legal assistants. Not only has this phenomenon happened, it has caused law firms to strongly encourage its legal assistants to sit for certification exams by offering to pay for exam fees, study materials and the CLE that is required to maintain certification.

Certification exams are not for everyone. With so many legal assistants specializing in distinct areas of law, you may not find a certification exam that can truly reflect your professional credentials and status. However, for those of you who are interested in taking one of the exams in the near future, I have prepared this three-part article describing the exams that are available in Texas, the eligibility requirements and general contents of each, and tips for you and your family to survive while you prepare and sit for the exam.

What are the Exams?

We are fortunate in Texas to have the ability to obtain three different certifications from three separate organizations. These certification exams are unique in how they are given and what they mean. All three organizations recognize the impact that certification exams may have on the direction of the legal assistant profession and the importance of the profession to the delivery of legal services.

The Certified Legal Assistant Examination

The Certified Legal Assistant Examination (CLA Exam) is the Grand daddy of certification exams. Established in 1975 by the National Association of Legal Assistants, approximately 21,000 legal assistants have participated in the CLA program. As of September 1999, there were 9,993 certified legal assistants in the United States. The overwhelming majority of CLAs are from Florida (2,678) and Texas (2,077); Arizona runs a distant third with 738. Approximately 48% of the examinees pass all seven sections on the first sitting; over 90% pass four or more sections on the first sitting thus qualifying them to retake only those portions of the exam they failed.

Eligibility

To be eligible to sit for the CLA exam, you must meet one of the following alternate requirements:

1. Graduation from a legal assistant program that is:
• Approved by the American Bar Association; or
• An associate degree program; or
• A post-baccalaureate certificate program in legal assistant studies; or
• A bachelor's degree program in legal assistant studies; or
• A legal assistant program which consists of a minimum of 60 semester hours (900 clock hours or 225 quarter hours) of which at least 15 semester hours (90 clock hours or 22.5 quarter hours) are substantive legal courses.
2. A bachelor's degree in any field plus one year's experience as a legal assistant. Successful completion of at least 15 semester hours (or 22.5 quarter hours or 225 clock hours) of substantive legal courses will be considered equivalent to one year's experience as a legal assistant.
3. A high school diploma or equivalent plus seven year's experience as a legal assistant under the supervision of a member of the Bar, plus evidence of a minimum of 20 hours of continuing legal education credit to have been completed within a two year period prior to the examination date.

CLA Specialty Examination

Once you have achieved the CLA designation, you are eligible to seek advanced certification from NALA in a specialty area of law. The CLA Specialty program began in 1982, and as of March 1999, 783 CLAs have received a CLA Specialist designation in the following areas of law: Bankruptcy, Civil Litigation, Corporate/Business, Criminal Law and Procedure, Intellectual Property, Probate and Estate Planning, and Real Estate.

Texas Board of Legal Specialization

The Texas Board of Legal Specialization (TBLS) is authorized by the Supreme Court of Texas to certify legal assistants in six specialty areas of law. The TBLS legal assistant program emerged through the work of many high-energy, dedicated individuals, including attorneys, legal assistants and educators. The development of the certification process began in 1989, and 1994 marked the first year Texas legal assistants were eligible to sit for certification examinations designed after the exams that are administered by TBLS to Texas attorneys.

The first three specialty exams offered to legal assistants were: Civil Trial Law, Personal Injury Law and Family Law. Today, three additional specialty areas have been added: Criminal Law, Estate and Probate Law and Real Estate Law. As more and more legal assistants express their interest in taking additional exams, TBLS is continuing to consider adding new exams to cover more specialty areas.

TBLS, by far, imposes the most stringent eligibility requirements for its certification. To qualify for TBLS certification, the applicant must meet the following requirements:

1. A minimum of five years of actual experience as a legal assistant (two of the five years may be outside of the State of Texas); and
2. A minimum of three years of actual experience in the particular area of law for which the legal assistant applies for certification (the three years of experience in the specialty area must have occurred in the State of Texas during the three years immediately preceding application for certification); and
3. In addition to the above, successful completion of at least one of the following:
• The CLA exam administered by the National Association of Legal Assistants; or
• A baccalaureate or higher degree in any area; or
• An ABA approved program of education and training for legal assistants; or
• A legal assistant program that consists of a minimum of 60 semester credit hours (or equivalent quarter hours) of which at least 18 such credit hours are in substantive legal courses; or
• A legal assistant program that consists of at least 18 semester credit hours of substantive legal courses, plus at least 45 semester credit hours (or equivalent quarter hours) of general college curriculum courses; or
• Four additional years of actual experience working as a legal assistant.
4. Applicants must make a satisfactory showing that they have devoted a minimum of 50% of their legal assistant functions in the particular area of law for which certification is sought during each of the three years immediately preceding application.
5. Applicants must complete 30 hours of CLE in the specialty area for which certification is sought within the three years immediately preceding application and through December 31 of the year of application. Applicants are allowed a maximum of ten hours of self-study in the specialty area during the same time period.
6. Applicants must submit Texas references to attest to applicant's competence in the specialty area. The references, themselves, shall be knowledgeable in the subject matter of the specialty area in which applicant is seeking certification.

The application process itself is considered by many legal assistants as half the battle when it comes to obtaining TBLS certification. The application is very lengthy and time consuming to complete. You are required to answer questions concerning the specific tasks you perform, which are then compared against specific standards as established by TBLS for each specialty area. TBLS takes into consideration the nature, complexity and duration of matters performed by applicants when evaluating experience.

Paralegal Advanced Competency Examination

The Paralegal Advanced Competency Examination ("PACE") is administered by the National Federation of Paralegal Associations ("NFPA"). At NFPA's 1994 mid-year meeting and based upon an earlier resolution supporting a two-tiered regulatory scheme, an overwhelming majority of NFPA representatives voted in favor of a resolution to develop the PACE exam. Similar to the TBLS exam, the PACE exam is designed to test the competency of experienced legal assistants. Similar to the CLA exam, PACE offers the legal assistant profession with a national standard of evaluation.

The PACE exam has been developed into two stages, called tiers. Tier I comprises of general and ethics questions, with state-specific components that can be added; Tier II comprises specialty sections for more experienced legal assistants. Requirements for a legal assistant to take the PACE exam include work experience and education. NFPA determined that a global grand parenting period should take place for those paralegals who desire to substitute work experience for education. This grand parenting period ends on December 31, 2000; application must be made on or before that date to take advantage of the grand parenting clause.

Requirements for Tier I are as follows:

• A minimum of four years' work experience as a paralegal if application is made within the global grand parenting period; or
• A bachelor's degree and completion of a paralegal program within an institutionally accredited school (which may be embodied in the bachelor's degree), and a minimum of two years' work experience as a paralegal.

Requirements for Tier II are as follows:

• Successful completion of Tier I, AND one of the following:
• A minimum of six years' work experience as a paralegal, if application is made within the global grand parenting period; or
• A bachelor's degree, and completion of a paralegal program within an institutionally accredited school (which may be embodied in the bachelor's degree), and a minimum of four years' work experience as a paralegal.

Part II of this article will be published in the January 2000 issue of the CAPA Brief, and will generally discuss the format and contents of each exam, including study materials, application deadlines and fees.

Certification Examinations - An Overview - Part II

Dawn Crider, CLA, is a legal assistant with the Austin office of Vinson & Elkins, L.L.P., specializing in Intellectual Property Litigation. She obtained the CLA designation from NALA in 1992, and certification in Civil Trial Law by the Texas Board of Legal Specialization in 1995. She is currently the President of the Capital Area Paralegal Association and is a past director of the Legal Assistants Division of the State Bar of Texas.