Today’s Media spoke to Amanda Hamilton, director and patron of the National Association of Licensed Paralegals (NALP), about the evolving role of the paralegal and NALP’s role in the profession’s voluntary self-regulation.
A recent survey measuring public perception of AI in the legal sector found that the public isn’t yet ready to fully trust the technology in legal matters. However, a large number of those questioned also said the traditional legal sector is out of their reach due to the prohibitive expense.
With rising costs and increased overheads squeezing already tight margins for law firms, the situation is as frustrating for legal professionals as it is for consumers. After the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (LASPO) forced many small firms to close, the Act continues to have an impact on the services solicitors are able to offer.
The lingering hangover of LASPO
The pro bono clinics that took on much of the legal aid workload post-LASPO are struggling to cope with demand. An October 2024 report from LawWorks, a network of independent pro bono clinics operating across England and Wales, found that the number of volunteers available to deal with the rising numbers of people seeking help for issues of ‘increasing complexity’ is falling – down from 11,452 in 2022 to 10,421 in 2023.
Clinics specifically mentioned the loss of volunteers – particularly in specialist areas of law – as one of the main challenges they face.
“We faced a high number of solicitors stepping down from volunteering with us and we struggled to recruit more,” said one clinic.“Recruiting and retaining volunteers continues to be a challenge given that in the past many of our volunteers had been legal aid lawyers,” another said. “There are fewer legal aid lawyers, and the capacity for those who remain has been diminished as they struggle to cope with cuts to legal aid and an under resourced system”, said a third.
With 70% of the public in England and Wales without access to a legal aid provider, the result is a very large gap in the provision of legal services. And, according to Amanda Hamilton, the director and patron of the National Association of Licensed Paralegals (NALP), it’s a gap that paralegals can help to fill – to the benefit of both consumers and legal professionals.
An affordable alternative
“Unfortunately, the level of free advice being offered by solicitors and barristers in the clinics and free legal centres that emerged after LASPO isn’t sustainable,” she says. “There’s a limit to the amount of free work that can be done and it means many consumers aren’t getting access to justice. Paralegals can help out in a wide spectrum of cases, but at a more affordable cost.”
With the UK average household income at around £705 a week and recommended hourly fees for experienced solicitors up to £566 an hour, the £40-£80 fees Hamilton says many paralegals charge offer a viable alternative. However, she is keen to stress that the role isn’t intended to replace specialist legal advice.
“Paralegals have stepped in to take up the slack from solicitors who can’t take on the smaller cases, such as being owed money, or a problem with the landlord, or someone trying to sue them unfairly. The average solicitor can’t afford to take those people on because consumers can’t afford them and solicitors can’t afford to lower fees.
“But if the client can’t afford £200, £300 or £400 an hour, they can go to a paralegal. And if the case involves something more serious that the paralegal is unable or unauthorised to act on, they can refer it to a solicitor.”
Due diligence
Hamilton acknowledges the role can cause confusion amongst the public – not least because there’s no accepted definition. “It’s a very generic term,” she accepts. “It doesn’t just mean working within a solicitor’s firm assisting solicitors, it can mean someone who on a daily basis does some kind of legal work, such as drafting contracts or dealing with employment issues.”
With a varied career path and no statutory regulation, identifying a reputable provider of paralegal services can be difficult for consumers and solicitors alike. NALP addresses this, Hamilton says, by offering paralegals membership levels that reflect their level of competency and by carrying out stringent checks to confirm their qualifications and experience.
“When someone approaches NALP for membership we conduct a thorough assessment of their background, any legal qualifications they may have, their background and whether they have any practical legal experience. We carry out due diligence to confirm all the information that’s been provided, including qualifications and references.
“We then allocate an appropriate level of membership: graduate membership, for example, could be a law graduate without practical experience. A principal fellow would have 10 years’ minimum of experience – each level has eligibility requirements, and all members are listed on our register with their level and area of expertise.”
Reducing overheads
For solicitors faced with rising costs, complex workloads and a professional duty to check the accuracy of AI-based research or risk serious sanctions, Hamilton says paralegals offer a reassuring level of insight and nuance – and firms may even benefit from hiring a barrister or solicitor at paralegal rates.
“Our members come from a wide range of backgrounds, including solicitors and qualified barristers,” she explains. “They may be retired, or simply don’t want to practice for one reason or another. Their qualifications and experience are reflected in their membership level, and we’ve done the due diligence to confirm it all.
“It’s very common for larger law firms to have up to 30 paralegals at various levels but we’re also seeing a lot of smaller firms employing freelance paralegals here and there to help manage workloads.”
For firms who feel they may benefit from paralegal help, Hamilton recommends checking the National Paralegal Register. “That’s why it was set up,” she says. “As well as assisting consumers in finding someone licensed, solicitors or potential employers can check if the paralegal is a member and confirm their credentials.”
Here to help
Hamilton is keen to stress that paralegals are professionals offering complementary services, rather than acting as competition or solicitors-in-waiting.
“In the past – and I stress very much in the past – paralegals and law graduates would apply to solicitors’ firms for paralegal work as a stepping stone towards a training contract and qualifying as a solicitor,” she says.
“But that’s not the case at all. There’s no need to be suspicious of the paralegal, they’re not stepping on the toes of solicitors. Our members abide by very strict codes of practice – very similar to those of a solicitor in fact. They have a boundary within which they can work and they know they can’t step over that boundary into the realm of the solicitor, barrister or regulated conveyancing role.
“More and more solicitors are realising the benefits of the paralegal and we advocate for our members to be seen as independent professionals in their own right.”
