Being liminal
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This document summarizes research being conducted on the experience of paralegals operating in the liberalized UK legal services market. It discusses the challenges in defining paralegals and estimates their number at around 200,000. The research is analyzing data from questionnaires and interviews with paralegals, lawyers, and stakeholders. Preliminary themes that have emerged include concerns about structural changes in the industry, challenges to access and diversity, issues around career progression expectations, and questions surrounding paralegal professional identity and development. The researcher hypothesizes that paralegals may experience "liminality," a state of ambiguity and uncertainty, and that further study is needed to understand the impact of this condition on paralegals.
![The project work in progress
Stage 1: LETR data
Questionnaires [1128 + 19], focus groups and
stakeholder interviews [307]
Specific focus group/interviews [10]
Paralegal questionnaire responses [24 +10]
Stage 2: additional data gathering
15-20 individual interviews (in progress)
Graduate paralegals with experience of work in
regulated law firms
Convenience + snowball sampling](https://image.slidesharecdn.com/beingliminal-150214130431-conversion-gate02/85/Being-liminal-3-320.jpg)
![Structural change
Theres a lot, you know, theres a lot of graduates out
there doing effectively paralegal positions, and in the
commercial firms too, you know, as a recruitment
partner, why are you going to spend 30-40K on
someone when you can get someone in you know,
graduate for 20-25K.
solicitor [recruitment partner]
what were interested in, its providing the client with
an effective service and if someone, you know, is cheap
but good then that if they hit that benchmark then
thats fine.
solicitor](https://image.slidesharecdn.com/beingliminal-150214130431-conversion-gate02/85/Being-liminal-5-320.jpg)
![Paralegals and structural change
Competition, commoditisation and deprofessionalisation
[S]ome firms are running a very clear pyramid structure with only a few
qualified people allegedly supervising this bottom rump of the pyramid who
are paralegals, [who] may not even have any legal qualification at all and
they do the case really at a low unit cost and therefore they make a profit
on these high volume cases.
Solicitor
Innovation and new business entities
... with the advent of ABSs I see that there will be fewer training contracts
because they will have less of a necessity for qualified solicitors. Therell
be higher use of paralegals in that context ...
Solicitor
ABSs broaden the possibilities for paralegals with the introduction of high
street companies offering legal services - they will require the services of
paralegals. Also means that sole paralegal practitioners or paralegal firms
could apply for ABS licences from the SRA.
Paralegal representative body](https://image.slidesharecdn.com/beingliminal-150214130431-conversion-gate02/85/Being-liminal-8-320.jpg)
![Impact on access and diversity
[I was told] Your CV looks good, but you dont speak enough languages.
You havent travelled. I cant afford to travel places, Im trying to pay
debts Im sorry I couldnt go to Cambodia!
Paralegal
Many firms are doing that. They call it internships and theyre taking on
graduates, people with law degrees who have paid the fees for a 3 or 4
year course and are going into voluntary unpaid work. And this benefits
only middle-class people, because as a person from a working
background, you need to live. You cant go into voluntary work for a very
long period of time and its obviously going to appeal to people who have
got ... wealthier parents, who can actually work for free for that long period
of time. So, basically, it ... sifts out the working class in a really indirect
way. And loads of firms are doing it now. So even to get a paralegal role,
people are first working as paralegals for free.
Paralegal](https://image.slidesharecdn.com/beingliminal-150214130431-conversion-gate02/85/Being-liminal-9-320.jpg)
![Experience/ progression
youve got a lot of individuals who have a law degree, with or
without the LPC, who are taking these jobs because its their foot in
the door and hope they may be told Well in a year or two, who
knows, if you work really hard you might get a training contract.
solicitor [recruitment partner]
Q: And is it your expectation that you would move to a TC?
A: Normally I think that is what happens here but several paralegals
have just been made redundant, so Im just trying to cling onto my
paralegal position at the moment.
Paralegal
A number of my contemporaries are now a year and a half,
approaching two years into paralegal work [and] theyre just
struggling to get, you know, to jump that final hurdle to get a
training contract
Trainee solicitor](https://image.slidesharecdn.com/beingliminal-150214130431-conversion-gate02/85/Being-liminal-10-320.jpg)
![Phase 2 hypothesis: liminality
In organizational literature, liminality is commonly taken
to mean a position of ambiguity and uncertainty, being
betwixt and between.
Beech (2011:287)
Liminality [serves] not only to identify the importance of
in-between periods, but also to understand the human
reaction to liminal experiences: the way in which
personality is shaped by liminality, the sudden
foregrounding of agency, and the sometimes dramatic
tying together of thought and experience.
Thomassen (2009:14)](https://image.slidesharecdn.com/beingliminal-150214130431-conversion-gate02/85/Being-liminal-14-320.jpg)
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Being liminal
- 1. Being liminal? Researching the experience of paralegals operating in a liberalised legal services market Julian Webb julian.webb@unimelb.edu.au University of Exeter 11 February 2015
- 2. Who are the paralegals? Significant definitional problem primarily non-admitted individuals undertaking legal activities in both LSA-regulated and non-regulated entities Trainee legal executives Graduate paralegals Legal apprentices Legal secretaries? Unregistered foreign lawyers? Law Centre, CABx advisors, McKenzie friends? IER data NALP guesstimate - ca. 200,000 (incl non-regulated)
- 3. The project work in progress Stage 1: LETR data Questionnaires [1128 + 19], focus groups and stakeholder interviews [307] Specific focus group/interviews [10] Paralegal questionnaire responses [24 +10] Stage 2: additional data gathering 15-20 individual interviews (in progress) Graduate paralegals with experience of work in regulated law firms Convenience + snowball sampling
- 4. Paralegal themes from LETR Structural change Access and diversity Experience/career development Professional identity and expectations
- 5. Structural change Theres a lot, you know, theres a lot of graduates out there doing effectively paralegal positions, and in the commercial firms too, you know, as a recruitment partner, why are you going to spend 30-40K on someone when you can get someone in you know, graduate for 20-25K. solicitor [recruitment partner] what were interested in, its providing the client with an effective service and if someone, you know, is cheap but good then that if they hit that benchmark then thats fine. solicitor
- 6. Paralegals and structural change Employment trends Un/under-employment Precariousness (McKeown, 2005) Edge work (Francis, 2011) At least three distinct groups in regulated firms Career paralegals Default paralegals Legal technicians (+ other support workers)
- 7. Legal technicians you can convert these kids into specialist case handlers - rather than lawyers or paralegals. They dont even need a title. But they will be able to run cases, or assist a litigation team. Theyll become an integral part of that team, whether theyve got a legal qualification or not. Solicitor
- 8. Paralegals and structural change Competition, commoditisation and deprofessionalisation [S]ome firms are running a very clear pyramid structure with only a few qualified people allegedly supervising this bottom rump of the pyramid who are paralegals, [who] may not even have any legal qualification at all and they do the case really at a low unit cost and therefore they make a profit on these high volume cases. Solicitor Innovation and new business entities ... with the advent of ABSs I see that there will be fewer training contracts because they will have less of a necessity for qualified solicitors. Therell be higher use of paralegals in that context ... Solicitor ABSs broaden the possibilities for paralegals with the introduction of high street companies offering legal services - they will require the services of paralegals. Also means that sole paralegal practitioners or paralegal firms could apply for ABS licences from the SRA. Paralegal representative body
- 9. Impact on access and diversity [I was told] Your CV looks good, but you dont speak enough languages. You havent travelled. I cant afford to travel places, Im trying to pay debts Im sorry I couldnt go to Cambodia! Paralegal Many firms are doing that. They call it internships and theyre taking on graduates, people with law degrees who have paid the fees for a 3 or 4 year course and are going into voluntary unpaid work. And this benefits only middle-class people, because as a person from a working background, you need to live. You cant go into voluntary work for a very long period of time and its obviously going to appeal to people who have got ... wealthier parents, who can actually work for free for that long period of time. So, basically, it ... sifts out the working class in a really indirect way. And loads of firms are doing it now. So even to get a paralegal role, people are first working as paralegals for free. Paralegal
- 10. Experience/ progression youve got a lot of individuals who have a law degree, with or without the LPC, who are taking these jobs because its their foot in the door and hope they may be told Well in a year or two, who knows, if you work really hard you might get a training contract. solicitor [recruitment partner] Q: And is it your expectation that you would move to a TC? A: Normally I think that is what happens here but several paralegals have just been made redundant, so Im just trying to cling onto my paralegal position at the moment. Paralegal A number of my contemporaries are now a year and a half, approaching two years into paralegal work [and] theyre just struggling to get, you know, to jump that final hurdle to get a training contract Trainee solicitor
- 11. Professional identity and development Most students of my institution are solely concerned with the desire to obtain a training contract. ILEX, paralegal, is seen initially as a second choice. If they do not secure a TC whilst at university they may well look at alternative professional routeways once they embark on the LPC. Students are made aware of alternative qualification routes, however the types of firms that visit campus perpetuate the TC routeway. university careers advisor I always wanted to work in legal aid; there isnt much legal aid available any more right? So what Im going to have to do is finish these two years, these very expensive two years, probably find a paralegal job so that I can build up the skills before someone will even consider taking me on for a training contract . I dont think thats very, it doesnt work. LPC student
- 12. Once in a paralegal role Paralegal > TC: a better approach? But Lack of status Guarantees of work/career progression Limited obligation to train Inequalities with those on TCs The paralegal markets not really regulated. Youre just there.... I am effectively a non-qualified solicitor Graduate paralegals
- 13. Implications For recruitment practices in firms For regulation. For education and training providers But what about the impact on those already caught on the paralegal hook?
- 14. Phase 2 hypothesis: liminality In organizational literature, liminality is commonly taken to mean a position of ambiguity and uncertainty, being betwixt and between. Beech (2011:287) Liminality [serves] not only to identify the importance of in-between periods, but also to understand the human reaction to liminal experiences: the way in which personality is shaped by liminality, the sudden foregrounding of agency, and the sometimes dramatic tying together of thought and experience. Thomassen (2009:14)
- 15. Demographic profile of stage 2 group No FEM MALE BME LLB GDL 36 29 7 9 30 6 Russell Pre 92 Post 92 Overseas Private LPC 7 9 19 2 2 22 Lond SE SW Mid NE NW Wales UG 9 6 6 10 1 1 1 Work 19 2 6 6 0 2 1
- 16. Current work experience Comm pty Res pty Other comm PI Clin neg Fam Reg/ compl Const r Prob In-h LPO 11 5 4 5 1 3 2 1 1 2 1 No of employments: Range 1 9 Mean 2.75 Total paralegal experience: Range 6mths - 7yrs 5mths Mean 31.69mths Median 29mths
- 17. References Beech, N. (2011) Liminality and the Practices of Identity Reconstruction Human Relations, 64(2), 285. McKeown, T. (2005) Non-Standard Employment: When Even the Elite Are Precarious Journal of Industrial Relations, 47(3), 276. Thomassen, B. (2009) The Uses and Meanings of Liminality International Political Anthropology, 2(1), 5. Webb, J. et al, (2013) Setting Standards: The Regulation of Legal Services Education and Training in England and Wales, www,letr.org.uk/report Wilson, R.A. (2012). LETR Briefing Paper 2/2012: Future Workforce Demand in the Legal Services sector. letr.org.uk/wp-content/uploads/2012/10/The-Changing- Demand-for-Skills-in-the-Legal-Services-Sector-Full-v2-2.pdf