Which Group Promulgated the Universally Accepted Definition of a Paralegal
Most of the specialist`s duties are procedural and administrative in nature. SCR 342.329(1)(a)-e), p. 2 above. These tasks do not require any interpretation or analysis of the law, and they are exactly the type of tasks approved by SCR 3,700. In addition, each call to a specialist is documented and the documentation is reviewed by a supervising lawyer, the chief specialist. While the Chief Specialist is not required by law to be a lawyer, in practice it is imperative that this person be a qualified lawyer who can properly supervise non-lawyer specialists, just as any other lawyer assumes responsibility for supervising all paralegals under SCR 3,700. Although the legal system does not require a lawyer to be the principal specialist and supervisor, in practice such a hierarchy has been introduced, and for what appears to be a fixed policy of keeping a lawyer as chief specialist, we may very well disagree. Therefore, specialists do not exercise unauthorized rights in disseminating information by telephone, filling out “request for assistance” forms, mediating disputes, and assisting claimants in completing their claim forms under the direct supervision of a lawyer responsible for their conduct. Subject to the limitations set forth herein, we therefore believe that non-lawyers may act as specialists in employee compensation and override the opposite side of KBA U-52.
A main task of a specialist is to settle the dispute, so a submitted claim is not necessary. If mediation does not resolve the problem, the claimant will be informed of his or her right to take legal action either with the assistance of the specialist or through a private lawyer. If the applicant decides to seek the specialist`s assistance in preparing Form 101, the application will be reviewed by Ms. Costelle prior to signature by the applicant and filing. Specialists are authorized to assist pro-se claimants in arbitration, a procedure that does not normally require cross-examination of witnesses or the presentation of legal arguments, as is often the case in adversarial proceedings. After informal arbitration, there is the right to appeal to an administrative judge to hold a new hearing under judicial conditions that require representation by a lawyer. We were asked to decide whether non-legal “workers` compensation specialists” from the Kentucky Department of Workers` Claims could assist ill or injured workers with their claims and, if so, what type and level of support the specialists could provide. To resolve this issue, we must first determine whether KRS 342.320(9) constitutes legislative interference with judicial authority that violates the separation of powers provisions of the Kentucky Constitution. See ky.
Const. §§ 27, 28, 116. We must then determine whether certain tasks performed by workers` compensation specialists, as described in paragraphs KRS 342.329(1)(a)-e), are permitted paralegal functions or whether the performance of these duties by non-lawyers constitutes an unauthorized exercise of the law. See KRS 524.130 (which prohibits unauthorized exercise of the law). The 2010 version of the MSAPA is divided into eight articles. Section 1 contains detailed definitions of key terms used in the Act. Section two contains provisions to ensure public access to agency laws and policies. Article three contains provisions on rule-making by agencies. Important new rule-making provisions are SCR 3.700, Preliminary Notice. The basic qualification for performing these duties is that the paralegal must work under the supervision and direction of a licensed lawyer.
The establishment of rules of practice, both inside and outside the courts, in matters concerning the rights of individuals under the law is intrinsically the responsibility of the courts and judges in carrying out the functions of individuals among themselves and between them and the government. This power is generally accepted by the courts as duly adopted by the government`s judicial department. Following the publication of this notice in the summer 1997 issue of Bench and Bar, the official publication of the KBA, the Ministry`s Commissioner and ten persons employed as workers` compensation specialists asked the Court of Justice to review KBA U-52 pursuant to Article 3.530(5) of the SCR. Before examining KBA U-52, we must examine KRS 342.320(9) to identify constitutional deficiencies and determine whether the duties of specialists correspond to those that may be performed by paralegals. UELMA also requires that the publisher of an official document preserve it for future reference by ensuring the integrity of the document, ensuring its backup and recovery, and ensuring its continued ease of use. Official publishers must also ensure that official documents are sufficiently accessible to the public. The law does not affect the relationship between an official State publisher and a commercial publisher; It leaves these relationships to contract law. Copyright is also not affected by the law, nor are the rules of evidence under which judges decide the admissibility of electronic evidence in their courtrooms. RCS 3.020. The Court has also issued guidelines on the employment and obligations of paralegals: KRS 342.329(1)(a)-(e). The only new tasks added by the 1996 amendment are those listed in subparagraph (d). In addition, in 1996, the General Assembly passed another law stipulating that state governments are increasingly publishing laws, regulations, agency rules, rules, and court decisions online.
In some states, important legal documents are no longer published in state-level books, but are only available online. While the electronic publication of legal documents has facilitated public access, there have also been concerns about this practice. Is the legal material official, the government data authentic that has not been altered? How will this electronic legal material be preserved in the long term? How will the public have access to the material in 10, 50 or 100 years? The Uniform Electronic Legal Material Act, which was finally passed by the ULC in 2011, is designed to provide a consistent, results-oriented approach to addressing these issues that can be adopted in each state and territory. This case stems from the overall reform of Kentucky`s workers` compensation system, which included commitments to make the dispute resolution process less dependent on litigation and more dependent on informal administrative procedures. In 1994, the General Assembly issued 342,329 KRS, which established an ombudsman program within the Kentucky Department of Workers` Claims (the Department). In December 1996, at an extraordinary meeting, the General Assembly amended KRS 342.329. The amendment expanded the services offered by the Department of Workers` Compensation Claims Information staff and introduced a new occupational classification, the Workers` Compensation Specialist. As amended, the Act provides that: a paralegal is a person who is under the supervision and direction of a licensed lawyer who can apply his or her knowledge of legal law and procedures to provide direct assistance to lawyers conducting legal research; design, develop or plan changes or new procedures, techniques, services, processes or applications; Preparation or interpretation of legal documents and drafting of detailed procedures for the practice of certain areas of law; select, compile and use technical information from references such as journals, encyclopedias or practical manuals; and analysing and monitoring procedural issues that require independent decisions.
