An Interview with Therese A. Cannon, Esq., Paralegal Ethics Author
Therese A. Cannon, Esq. has contributed to the paralegal profession in many invaluable ways as you will read in her biography. She continues to conduct seminars for paralegals on Ethics and continues to update her many books on paralegals. During my interview with Ms. Cannon, I was able to glean her unique perspective on paralegals and their future.
Biography
Therese A. Cannon is the Associate Director of the Western Association of Schools and Colleges, one of the six regional accrediting agencies in the US. Prior to being appointed to this position, she served as Dean of the School of Law at John F. Kennedy University. She previously served as Associate Dean of the College of Extended Learning of San Francisco State University, where she directed the Paralegal Studies program. Teri served as the Educational Consultant to the Standing Committee on Paralegals of the American Bar Association from 1996 to 2006. Ms. Cannon was a member of the Standing Committee, served on its Approval Commission from 1991 to 1996, the last two and a half years as chair. She also served as Educational Standards Consultant to the Committee of Bar Examiners of the State Bar of California for eight years.
Ms. Cannon earned her undergraduate degree at UCLA and her law degree at Loyola Law School in Los Angeles. She is licensed to practice law in California.
Cannon is the author of Ethics and Professional Responsibility for Legal Assistants, now in its fourth edition, and A Concise Guide to Paralegal Ethics, both published by Aspen Law & Business. She also co-authored Paralegals, Profitability, and the Future of Your Law Practice with Arthur G. Greene, which was published in 2003 by the Law Practice Management Section of the ABA. She authored the both editions of ABA Approval: A Reference Manual for Legal Assistant Educators, published by the American Bar Association in 1997 and 2004.
Therese is a past president of the American Association for Paralegal Education and served on its board for six years, including a term as president. She is on the advisory boards of Legal Assistant Today magazine and the International Paralegal Management Association and serves on the Standards Committee for the PACE of the National Federation of Paralegal Associations. She is a past member of the Certifying Board of National Association of Legal Assistants.
Therese A. Cannon—Q & A–
This question and answer portion of the chapter will give you an opportunity for you to get to know the panelists. From their expertise, your perspective on the paralegal profession will expand. Learn about their opinions on important paralegal issues.
Teri’s extensive current and past involvement in paralegal-related activities gives a unique perspective of the paralegal profession and one of considerable experience, seasoned expertise, and knowledge. Read her responses carefully. You will learn much.
Q. Why do you think ethics are important to paralegals?
Paralegals are heavily involved in all aspects of legal work and often face with ethical dilemmas. They need a solid understanding of the rules of professional responsibility, a strong personal sense of right, wrong, and problem-solving capabilities to guide them in resolving the ethical dilemmas they may face.
Q. How do you think lawyers have changed in their attitudes toward paralegals?
I think lawyers have come a long way in accepting the important role paralegals have to play in the delivery of legal services. Lawyers who have worked with paralegals greatly value paralegals for their education and skills and cannot imagine working without a paralegal.
In the 70s, most lawyers did not know what a paralegal was and what a paralegal could do. They had a vague idea that a paralegal was a glorified legal secretary or a permanent law clerk. Many lawyers used to be hesitant to delegate work to a nonlawyer, but that is no longer the case. The only lawyers who do not use paralegal services now are generally in small firms and believe they cannot afford a paralegal. Even these lawyers would like to hire paralegals.
Q. Do you know of any law schools that have programs to teach law students about paralegals?
Some law schools teach students about paralegals in Professional Responsibility courses that are often required, but only briefly. Some law schools offer electives in Law Practice Management or Law Office Management and will mention the use of paralegal services.
Q. What obstacles did you incur in shifting from being a paralegal and going to law school?
I was working in a law school that had a paralegal program while attending a different law school. I did not have any problems making the shift. I think it was beneficial to have been through paralegal school first. In paralegal school, I learned how to brief cases, research and write law practice style. I knew substantive law. This was an edge, especially in the first year.
Q. Many paralegals think about going to law school, because they feel they are doing the work anyway. What are the pros and cons you considered in making this decision?
Some paralegals have a difficult time making the transition, because they have demanding paralegal jobs and try to attend law school while working. Many have to change job situations to make survive. Support from employers is crucial. If a paralegal is dissatisfied with being a paralegal and wants all the responsibility that goes along with being the lawyer, I say go. However, understand law school is a challenging and time-consuming endeavor and being a lawyer carries many additional burdens but also, it has its benefits.
Q. What specific changes have you seen in the attitude of the American Bar Association (ABA) toward paralegals since the 70s?
The ABA has supported the utilization of paralegal services since 1968, when it created its first committee on paralegals. I am not sure I could cite an attitude change as the ABA is a member group with more than 400,000 lawyers who have many different ideas about paralegals. I think the main changes within the ABA Standing Committee on Paralegals (SCOP) and the ABA Approval Commission, which approves paralegal schools, relate to the expansion of the work of paralegals do beyond what was originally seen as routine legal work under lawyer supervision.
Q. In your current position as educational consultant of the ABA Approval Commission, you have held for eight years, and formerly five-years as its chair, what typical problems did the Commission find? What factors does the Commission consider in approving paralegal schools?
A. The ABA has extensive Guidelines for the Approval of Paralegal Education Programs, which covers organization, administration, curriculum, admissions, and students’ services, including placement, faculty, program director, and library services. Each program must submit a detailed self-evaluation report and exhibits. After these are submitted, a two-day visit is held. Then a report is written that goes to the full Approval Commission. The Commission makes a recommendation to the SCOP, and then SCOP makes its recommendation to the House of Delegates, which is the entity with authority to approve.
Typical areas that delay approval are inadequate assessment, non-complying advisory committee, lack of faculty meetings, and lack of sufficient paralegal content and practice in courses, missing library items, inadequate placement assistance, or records.
Q. Do you think other states will follow California in its enactment of the Business and Professional Code Section 6450?
I do not think many states will follow. California has a strong legislature that often moves into the realm of the practice of law in ways that are not tolerated in other states. I think other states may adopt court rules, like Arizona, or laws, like Maine, that define paralegal and limit the use of the title to persons working under lawyer supervision.
I do not think other states will establish a weak legislative scheme for regulating paralegals without any oversight by an entity. Most state legislatures and courts have addressed the regulation of paralegals have found that paralegals do not need to be regulated to protect consumers, because the lawyers they work for are already regulated.
Q. What do you foresee as the future for nurse consultants?
There will always be a need for legal nurse consultants who have expertise in nursing, medical, and legal issues. This is a small but important niche and a great career option.
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Tags: ABA Standing Committee on Paralegals, Ethics, Nurse Consultants
