Paralegals and "Unauthorized Practice of Law"

While in the process of paralegal coursework, it was more than a slight aggravation to find that upon earning certification in this state I would not be able to legally perform tasks which I had done without certification, prior to the coursework, in a previous state of residence.

Of all the states in which I've lived, California is the only one which allows paralegals to produce and distribute court documents and legal forms; Iowa, as well as New York and Texas, place it under the classification UPL-- Unauthorized Practice of Law-- a violation of each state's Bar regulations.

While it would make sense for states to have uniform regulations, it would be even more sensible to categorize paralegals as professionals who have the same ability and therefore should have the same authority to work as independent document preparers. As we are told that we should have as much knowledge of the law and procedures as attorneys, not only is it offensive to declare that we cannot do such work unless we are working under a supervising attorney, it also cuts us off from the significantly higher salaries and personal prestige which we would gain as independent contractors.

What is and what is not classified as Unauthorized Practice of Law should be determined by the status of competency, not title, as the general principle is to avoid situations where clients are aided by those who are not competent to do so. Perhaps one must draw the line somewhere, to lessen the chance of clients being misrepresented by those who are not qualified, but that should most definately not include legally barring trained paralegals from independent document preparation. These days, in most states, prospective clients have access to "do-it-yourself' options for numerous legal matters-- any average citizen can find books, online resources, and, in some areas, even fill-in-the-blank forms at the local courthouse; it would seem much more prudent for these people to be able to hire lower-cost paralegals or small businesses which specialize in document preparation, rather than giving people with no legal background a do-it-yourself kit and expecting those who have never as much as heard of Rules of Court to take it from there.

Wills, divorces, healthcare proxies and directives, etc.-- people should not have to spend a small fortune to take such matters to an attorney, nor try to "wing it" on their own, when there are plenty of paralegals whose educations have left us fully qualified to do this type of work.