25-10-305. Paralegal defined -- use of title. - Montana Statutes

     25-10-305. Paralegal defined -- use of title. (1) As used in 25-10-304 and this section, "paralegal" means a person qualified through education, training, or work experience who is employed or retained to perform, under supervision by a licensed attorney, substantive legal work that:
     (a) requires a substantial knowledge of legal concepts; and
     (b) in the absence of the paralegal, would be performed by an attorney.
     (2) An individual may use the title "paralegal" if the individual:
     (a) has received an associate's degree in paralegal studies from an accredited institution or a baccalaureate degree in paralegal studies from an accredited college or university;
     (b) has received a baccalaureate degree in any discipline from an accredited college or university and has completed not less than 18 semester credits of course work offered by a qualified paralegal studies program;
     (c) has received certification by the national association of legal assistants or the national federation of paralegal associations;
     (d) has received a high school diploma or its equivalent, has performed not less than 4,800 hours of substantive legal work under the supervision of a licensed attorney documented by the certification of the attorney or attorneys under whom the work was done, and has completed at least 5 hours of approved continuing legal education in the area of legal ethics and professional responsibility; or
     (e) has graduated from an accredited law school and has not been disbarred or suspended from the practice of law by any jurisdiction.
     (3) A person may not practice as a paralegal except under the supervision of a licensed attorney and is prohibited from engaging in the unauthorized practice of law.

     History: En. Sec. 2, Ch. 443, L. 2009.