Episode 16: Regulation, Reputation & Responsibility in the Paralegal Profession

Transcript

Tara Edwards 0:00

Hello, my name is Tara, and welcome to Sister-in-Law, The Paralegal Journey, a podcast about the careers behind the case files. Whether you work in law, work alongside the legal profession, are thinking about a career in this space, or simply want an honest look at the paralegal journey, you're in the right place. Welcome back to Sister-in-Law, The Paralegal Journey. In my last episode, I suggested four courses outside of traditional legal education that can help you grow in your legal career. If you hadn't had a chance to listen to that episode yet, add it to your to-do list this week. The episode was really about asking yourself, "What professional skills could I improve that has nothing to do with my legal knowledge, but would make me more effective in my career?" On May 25th, I read a CBC article involving allegations against an Alberta paralegal related to settlement funds and multiple client complaints. After reading that article, I felt this was an important conversation to have. Today's episode is not about guilt, innocence, commenting on investigations, or giving an opinion about one individual. Instead, this episode is about the larger conversation that situations like this bring forward, the importance of regulation, public trust, professional accountability, and the future of the paralegal profession in Alberta. Because whether we like it or not, when a situation becomes public and the word paralegal becomes attached to it, it impacts how the public views the profession. And for the ethical, educated, and professional paralegals working hard every day to serve clients responsibly, these moments matter. So as you listen to today's episode, ask yourself what creates public trust in a profession and what happens when accountability systems do not exist? When people hear the word regulation, they sometimes think about restrictions, gatekeeping, or professional politics. But at its core, regulation is about one thing: public protection. Regulation exists to create accountability systems when people are providing professional services that can significantly impact someone's life. A regulated profession has educational standards, ethical obligations, complaints and discipline processes, continuing education expectations, and enforceable professional boundaries. More importantly, regulation creates recourse. Regulation is about protecting the public while strengthening the credibility of the profession itself. Regulation does not mean that every professional has the exact same scope of practice. We already see this in other professions. In healthcare, there are doctors, registered nurses, licensed practical nurses, or registered practical nurses in Ontario, and each profession is regulated differently with different scopes of practice, educational requirements, responsibilities, and limitations. But you know what? They are all still regulated. The public understands that different professionals provide different levels of service within different scopes while still operating within accountability systems. The same concept can be applied within the legal profession. Regulation does not mean paralegals become lawyers. It means there are clear standards, defined boundaries, accountability mechanisms, and public protections attached to the work being performed. For the public, regulation creates clarity. It helps people understand who is qualified, what standards exist, what someone is allowed to do, and where they can turn if something goes wrong. The legal system is already overwhelming enough for people. This is why regulation helps to create confidence that starts when someone presents themselves as a professional. There are standards behind that representation. But regulation also benefits the profession itself. It creates professional legitimacy, clearer scope boundaries, stronger public confidence, better educational consistency, and greater accountability across the profession. And more importantly, regulation protects ethical professionals from being unfairly grouped together with individuals who may not be practicing responsibly. In Alberta, paralegals are not licensed, so they are operating within an unregulated environment. And I think it's important to say this very clearly, there are many highly skilled, ethical, experienced, and educated paralegals doing excellent work in this province. I've had the honor of meeting or working with a few of them in the Alberta space. In Alberta, paralegals pursue formal education, complete continuing education, work closely with lawyers, understand procedural systems, and intentionally avoid giving legal advice. Some even carry errors and omissions insurance, even though it is not required, and those paralegals are already practicing as though regulation exists. But because there is no formal regulatory framework governing the profession, it creates challenges because there are limited accountability mechanisms and that creates risk both for the public and for the reputation of ethical paralegals. Until regulation exists, it is important that paralegals stay within procedural boundaries to protect both the public and themselves. One of the hardest realities of any profession is that public trust can be damaged very quickly. When highly publicized situations occur, the public often does not separate one individual from the profession as a whole. They remember the title, and unfortunately, the actions of one person can overshadow the profession. Lawyers may become more cautious, clients may become uncertain, and professionals who have spent years building credibility may feel frustrated watching public confidence shift because of one situation. That is the difficult part of reputational harm within any profession. Moments like this can also become turning points because these conversations force professions to ask difficult but necessary questions. What standards should exist? What protections should be in place? What accountability systems are missing? What kind of profession are we trying to build moving forward? And why hasn't the Alberta government regulated paralegals when there is already frameworks like Ontario's that could potentially be studied or adopted? Legal processes are not simple. one of the most professional things someone can say is, This is outside of my scope," or, "You need legal advice from a lawyer." Because ultimately, legal work impacts people, and that responsibility should never be taken lightly. So let's reframe the question. Instead of asking yourselves, "Should paralegals be regulated?" Ask yourself, "What can we do as professionals to help move the conversation forward?" And perhaps more importantly, If regulation were introduced tomorrow, would our profession be ready for it?" At the beginning of this episode, I asked what creates public trust in a profession and what happens when accountability systems do not exist? Maybe the bigger question is, can a profession truly grow sustainably without clear standards, accountability, and public protection? And at what point does the Alberta government begin to see regulation as a positive step forward rather than an unnecessary one? As you reflect on those questions, I want you to think about whether you believe Alberta paralegals should be regulated. Why or why not? And if you believe in regulation, talk to the lawyer you work for. Reach out to the vice president of the Alberta Association of Professional Paralegals. Talk about it amongst your peers. Rally your other paralegal friends. Let's get this conversation started. I believe that most paralegals in Alberta are ethical professionals who generally care about helping people navigate difficult systems and stressful legal situations. Many work incredibly hard to operate responsibly, professionally, and within appropriate procedural boundaries. But professionalism without accountability structures can only go so far. Situations that receive public attention are difficult for everyone involved, including the ethical professionals whose reputations are indirectly affected by them. But perhaps these moments also create opportunities for more important conversations about what the future of the paralegal profession should look like in Alberta. Because regulation is not about limiting the profession, it may ultimately be one of the things that protects it. And if this profession wants long-term credibility, sustainability, and public confidence, regulation is not the obstacle to growth. It is part of the foundation for it. In the next episode, I will be speaking with Judy Sims, paralegal and president of the Paralegal Society of Canada. We'll be talking about the profession, advocacy, professional growth, and the evolving future of paralegals across Canada. If this episode resonated with you, I invite you to follow the podcast on Apple Podcasts, Spotify, or Amazon Music and connect with me on LinkedIn. Let me know where you're at in your journey. This is Sister In Law The Paralegal Journey. Welcome to the conversation.