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CAP Paralegals

Started by SARMedTech, June 11, 2007, 08:40:15 PM

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SARMedTech

I was wondering if any of you legal eagle types out there know the answer to this one:

CAP has insignia (patches and badges) for paralegals. However, the American Bar Association simply defines a paralegal as a person who "by education or experience is qualified to perform certain legal functions under the supervision of an attorney." So...what is CAP's criteria to be "listed" as a paralegal since there is no official licensing for paralegals in any of the 50 states and only a handful of colleges which offer an ABA approved certification, but even this is not required to be a "practicing" paralegal. I did this job for close to 5 years by virtue of experience in a number of law firms and as an independent contractor, but without the formal education. I was lucky to have attorneys willing to teach me research, documentation, citation, etc but was just wondering what CAP's qualifications are.  Thanks. Semper Vigilans.
"Corpsman Up!"

"...The distinct possibility of dying slow, cold and alone...but you also get the chance to save lives, and there is no greater calling in the world than that."

dhon27

There is a CAP legal officers badge, but I am not aware that CAP has a paralegal badge.  Of course, if you received the USAF paralegal badge it (probably) could be worn on the CAP uniform.

DeputyDog

Quote from: SARMedTech on June 11, 2007, 08:40:15 PM
CAP has insignia (patches and badges) for paralegals.

We don't. CAP does not "list" paralegals.

DHollywood

Legal Officers are required to be licensed attorneys in CAP.  You cannot perform the functions of a legal officer unless you are a licensed attorney because those functions constitute the practice of law.

While there might be some benefit to having a sub level "paralegal" type position within CAP, these people would have to be under the direct and constant supervision and control of a licensed attorney legal officer.

Personally, and I say this after having almost 17 years of experience as a paralegal, I would prefer to NOT have such a position because unit commanders might not fully understand the limitations of a "paralegal" type position.

I don't consider myself a paralegal any longer because I am almost finished with law school and while paralegals most certainly DO HELP attorneys, they are NOT attorneys and are not capable of the LICENSED legal analysis and decision making required of an attorney and legal officer.  The functions are very different between a paralegal and an attorney.

Once I pass the bar I will become a legal officer.  I support keeping the regs as they are.

IMHAO
account deleted by member

RiverAux

I have yet to see a CAP lawyer make an actual contribution to the organization as a lawyer.  I've known several that have done a lot in other capacities, but CAP lawyers are almost as useless as CAP doctors --- there may be certain occasions where they can be helpful, but there is no need to have positions on the organization chart, badges, etc. for them. 

SARMedTech

#5
Oops. Sorry about that. It was in fact the USAF Paralegal badge that I saw an misread it as it was listen on a page with a number of USAF insignia. Having been a criminal defense paralegal for 5 years before entering the EMS field, I couldn't figure out what on earth a CAP paralegal would do, but thought I had seen the insignia.
"Corpsman Up!"

"...The distinct possibility of dying slow, cold and alone...but you also get the chance to save lives, and there is no greater calling in the world than that."

Nick Critelli

Quote from: RiverAux on June 11, 2007, 11:05:10 PM
I have yet to see a CAP lawyer make an actual contribution to the organization as a lawyer.  I've known several that have done a lot in other capacities, but CAP lawyers are almost as useless as CAP doctors --- there may be certain occasions where they can be helpful, but there is no need to have positions on the organization chart, badges, etc. for them. 



Useless...really! Is $320,000 and six statutory changes including a leave of absence with pay law enough for you? How about reviewing all the Wing's legal documents, leases, contracts and drafting MOA and MOU's...does that count? Or how about  the countless times each week/month advice is sought regarding  "...can we do this or can we do that."   

Last year I logged approximately  1140 units on behalf of CAP (yes...lawyers keep a service log) and that was down about 80 units from the year before. We've recruited another JA to help share the work.

CAP JA's are some of the most dedicated and generous professionals I have met.  Without their dedication you wouldn't have a CAP.

River Aux....Take back  my badge/rank PLEASE....and start paying my bill.

CAP professionals, physicians, lawyers, CPA's .Chaplains, etc. are incredible individuals who disserve our respect not our criticism.

RiverAux

What can I say but this is what I've personally experienced with CAP lawyers at squadron and Wing levels.  Other CAP members have probably never seen or heard of a CAP historian actually doing anything either.  Your milage may vary.

RogueLeader

 I don't think Lawyers need a spot on the organizational chart at the local or group level.  Maybe at group, provided there are plenty of issues through the wing.  Provided that I don't care a whole lot about Lawyers in general, they DO provide a great, if sometimes unseen, service to us all.  To all the Lawyers serving, thank you.
WYWG DP

GRW 3340

capchiro

Let me point out that the reason you don't have a clue as to what CAP legal officers do is because almost all of it is confidential.  As a commander and as a past legal officer, I can tell you that CAP legal officers serve many thankless hours.  Just who do think reviews all of the MOU's and leases and agreements, and etc.?  Also, the CAP legal corps is  one of the most integrated and informed groups in CAP.  They have an internet ring that is unsurpassed in civilian life.  Anytime one has a question, it can be shared by all for regulation interpretation and consensus.  The CAP legal team is one of the few reasons we are still in exsistence.  Also, something most of you don't know is that National is their client, not the local squadron or commander.  Do you know how many times they handle cadet harrasment and sexual harrasement complaints successfully, so they don't make the news or public view??  I have yet to see any group in CAP work as well and as coordinated as the CAP legal people.  Some of the things discussed on this board as concerns have been also discussed by the Legal group and may be further discussed at the National Legal College this month in Boston.  Me thinks some shouldn't voice negative opinions about things they knowest not.   
Lt. Col. Harry E. Siegrist III, CAP
Commander
Sweetwater Comp. Sqdn.
GA154

DHollywood

Thank you for your legal service.   I am excited about shortly joining your ranks....
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SAR-EMT1

Quote from: DHollywood on June 12, 2007, 05:49:50 AM
Thank you for your legal service.   I am excited about shortly joining your ranks....

Not untill you take the super secret double handshake pledge, recite the new Oath from NHQ, and are issued your Black Van Society Decoder Ring.

;D

I took the MCAT just for fun (passed) but I could never harden myself to take the exam to get into law school.
C. A. Edgar
AUX USCG Flotilla 8-8
Former CC / GLR-IL-328
Firefighter, Paramedic, Grad Student

RiverAux

Quote from: capchiro on June 12, 2007, 04:07:11 AM
Me thinks some shouldn't voice negative opinions about things they knowest not.   
As I said, it was my experience and it is valid whether or not you believe it.  Maybe the lawyers in other Wings are doing something useful, but not where I am -- and I am in a position to know.

Dragoon

I've found legal officers are very valuable at the Wing Level.  Because, frankly, that's the lowest level of the Corporation.  Even our few Squadron Legal Officers do their legal work for Wing.

There used to be a nice role for Legal Officers in the squadron, until the regs specifically split the legal officer and IG duties.  Before that, Squadron Legal Officers were great for handling local complaints and investigations.

I think there are a fair number of specialties with little to no value at at Squadron Level.  And by that I mean " you can run an absolutely fine squadron with no one filling this job, and never miss them."

My short list (time for folks to get defensive) includes

Health Services/Medical
Historian
Legal
Public Affairs
And the new IT specialty.

Now, ALL of these specialties have great value above the squadron level. 

jimmydeanno

The only one that I would really 'miss' would be the PAO at the squadron.  All of my PAOs have proven to be extremely valuable assets to our squadron in helping with fundraising, articles in local newspapers, squadron newsletters, photos, increasing public awareness, recruiting, dispelling rumors, etc.

Without a PAO, the visibility of the squadron to the local community is fairly low, and I think you'd find that squadrons that don't utilize this function like it should be are typically smaller, have fewer funds and are far less known in their communities.
If you have ten thousand regulations you destroy all respect for the law. - Winston Churchill

capchiro

And ladies and gentlemen, the real reason that CAP is the best kept secret in the world is that Public Affairs officers are not needed at the squadron level, where the rubber meets the road, in the smaller communities, making contact with real people, that have real connections and pull with local legislators.  Instead, we should only worry about Wing getting and receiving any and all notoriety for all of the great things they do.  Every good squadron needs a great Public Affairs officer and I would gladly trade you 2 ES officers and 2 CP officers for a really good one.  Legal and Medical are very specialized and I don't need them often, but when I do, I want them now, not later.  Historians are nice, and a good side line for the Public Affairs.  But, give me one really good Public Affairs officer and I will promise you a growing viable unit, supported by the community. JMHO as usual and no flames intended as I am sure that most people don't know what a good public affairs officer can do for a unit.
Lt. Col. Harry E. Siegrist III, CAP
Commander
Sweetwater Comp. Sqdn.
GA154

Hawk200

Quote from: Dragoon on June 13, 2007, 05:14:59 PM
Health Services/Medical

Don't have one at our unit yet, so don't know whether I need one or not.

QuoteHistorian

I would disagree. You think Wing is gonna actually care about the history of individual units? And when someone asks about squadron history, do you think they're going to want to go to wing for the scoop?

QuoteLegal

See Health Services/Medical

QuotePublic Affairs

Seems like the best way to get in then news is to have someone dedicated to spreading it. And Wing's not going to care about your local unit, just their own PA requirements.

QuoteAnd the new IT specialty.

Not even sure what they do now. And most of our local members are computer savvy enough to handle most computer issues. If you're appointing one as a local point of contact for Wing on computer issues, maybe it's a good thing. Never hurts to have a single point of contact.

SARMedTech

Just my two cents but I think IT and PAO (or PIO) would be very useful. My squadron does not have a web presence and despite having lived in my hometown most of my life (except time away at college, university, etc) I didnt even know that CAP existed just a few miles from my house despite the fact that we have air shows every summer and that there have been several SAR operations in the last few years near my home and I have heard about the local and state police, sheriffs' departments, local k-9 handlers but never CAP, and I am sure they must have been up there and pounding the ground. Had I not heard someone in the CGAUX mention CAP and then use the "squadron finder" I would have never know CAP was here.
"Corpsman Up!"

"...The distinct possibility of dying slow, cold and alone...but you also get the chance to save lives, and there is no greater calling in the world than that."

Eclipse

Quote from: Dragoon on June 13, 2007, 05:14:59 PM

Health Services/Medical
Historian
Legal
Public Affairs
And the new IT specialty.


PA and IT useless?  Do you do recruiting?  Issue press releases on what your unit is doing? Post stories to NHQ for the Volunteer?  Fund raise?  Perform ES missions?

IT? have you heard of the WMU, IMU, MIMs, SIMs, eservices? Have a Sqadron laptop, listservs, website?



"That Others May Zoom"

ddelaney103

Quote from: Eclipse on June 14, 2007, 02:55:42 AM
Quote from: Dragoon on June 13, 2007, 05:14:59 PM

Health Services/Medical
Historian
Legal
Public Affairs
And the new IT specialty.


PA and IT useless?  Do you do recruiting?  Issue press releases on what your unit is doing? Post stories to NHQ for the Volunteer?  Fund raise?  Perform ES missions?

IT? have you heard of the WMU, IMU, MIMs, SIMs, eservices? Have a Sqadron laptop, listservs, website?

Lighten up, Francis.

He didn't say "useless;" he said "little or no value at the sqdn level" a much different standard.

In the average sqdn (20-30 members) there is not enough work to justify a full time historian, IT or PA.  Group/Wing?  Sure, and it would help if he had a POC at the local level to pass requests, but they better have other duties as well.

I'd much rather have a few PA's that all of the units pass their requests for press releases rather than a bunch of PA's wandering around making work for themselves.  In Info Ops the last thing you want is multiple outlets to the press - that's the whole point to the Information Officer program in ICS.

Dragoon

Talk about kicking a hornet's nest....remember I'm not saying these folks are worthless to CAP, because they're not.  We need 'em.  We just don't necessarily need 'em in every squadron.

Back to the criteria I laid out - can you run a good unit without these folks?

You betcha -

Most squadrons have no dedicated IT officer and do fine with eServices, WMU, etc.  Don't need geeks to figure out how to press buttions - most of us do that just fine.

Most squadrons don't have an actual historian and do just fine.  It's a "nice to have" - but not keeping history doesn't really get in the way of accomplishing the squadron missions.

PAOs are nice, but I've seen too many good units that don't have one, and it doesn't seem get in the way.  PAOs can assist with recruiting, but that's actually the Recruiting and Retention Officer's job.   A few well placed PAOs across the state, working for the Wing PAO, can handle coverage just fine by talking with the squadron commanders.

Health Services....unless the guy is also a first aid instructor, there isn't much need at the squadron level. On the other hand, you do need some medical support for things like encampment, so there is value for these guys at the Wing Level.

Legal - already stated.  If the squadron commander is in legal difficulty he needs to be talking to Wing anyway.  Wing NEEDS lawyers.  Squadrons aren't corporate entities, and really don't.

I'd also add one more - most units don't need a Comms Officers, unless the unit has a whole bunch of radios.  If you are lucky enough to have a qualified BCUT instructor, it's nice.  If you've got a guy who can fix stuff, it's nice.  But having a full time officer who pretty much handles the squadron's single radio mounted in the van is...overkill.  But of course, you need a strong contingent of comms folks in the Wing to handle everything from licensing to repair to repeaters to training.


We need all these guys in CAP.  But not having them isn't death to a squadron.