Hawaii Paralegal Reporter 21:2, Summer 1998

"FOR OUR PROFESSIONAL WELFARE":
THE ORIGIN OF THE HAWAII PARALEGAL ASSOCIATION
R. Elton Johnson, III

Our Founding Mothers

    A small group of visionary women in a 1976 Cooperative Education class at the new Kapiolani Community College Legal Assistant Program developed a plan. They had concluded that Hawaii legal assistants or paralegals such as themselves needed to come together for their mutual benefit. Though the medical field, for example, had already generated auxiliary professions such as nurses, paramedics, and technologists, relatively few in the legal field yet appreciated the advantages offered by the new "paralegal" or "legal assistant." The national paralegal movement, it is true, was already well established by then, having prompted the formation of the American Bar Association’s Special Committee on Legal Assistants as early as 1968. Paralegal schools were popping up all over the country – including in Honolulu, where classes had begun at the Legal Assistant Program at Kapiolani Community College in 1975. But much in the way of securing a place for new profession remained to be done. In Hawaii as elsewhere, many, both without and within the legal community, had a poor understanding of the paralegal’s function.

    The instructor of the 1976 Cooperative Education class at KCC was Sue Lin Chong, an experienced litigation paralegal who had graduated from the pioneering Institute of Paralegal Training in Philadelphia in 1972 and had been the Executive Director of the National Federation of Paralegal Associations (NFPA) in 1975. (NFPA had itself been founded only in 1974.) Upon her arrival in Honolulu in 1976, Ms. Chong was employed at Carlsmith Carlsmith Wichman & Case as a paralegal supervisor, and also became the first instructor of a new class at the KCC Legal Assistant Program whereby students entered temporary paralegal positions and met regularly to discuss their experiences with one another. The members of this Cooperative Education class included Janice Cole, Mary Hamasaki, Toni Long, Judy Oh Tanaka, Shelley Teraoka, and Ann Lynn Walser. It was these individuals who initiated the first successful attempt to start an professional association of paralegals in Hawaii.

    On January 18, 1977, forty women attended a "Forum III" meeting at the U. H. Law School, to carefully plan the organization of the paralegal association, including the structure of its committees. These ideas developed throughout that year, during which these individuals were already working together effectively to further their profession, even as they strove to organize themselves more formally. In November and December of 1977, Ann Lynn Walser, a paralegal at Mau White & Yee, corresponded with several mainland associations, including the San Francisco Association of Legal Assistants and the Philadelphia Association of Legal Assistants, for information regarding their organization, newsletters, and their positions on such issues as certification and a code of ethics. Ms. Walser also requested information of the National Federation of Paralegal Associations and the National Association of Legal Assistants.

Taking form

    It was by such sustained efforts by motivated individuals that the Hawaii Association of Legal Assistants (HALA), now known as the Hawaii Paralegal Association (HPA), was formed. The Association was founded without fanfare on January 21, 1978. Its first meeting was held at the Kaimuki Library Conference Room on March 4, 1978, with twenty-five in attendance. These women meant business. As reported the following month in Volume I, Number I of the Association’s newsletter, Bette Steele discussed the issue of whether the HALA should remain simply an association or become a nonprofit corporation, and they voted unanimously to incorporate. The Steering Committee suggested the goals for the new Association:

1) Promote and maintain high standards in the legal assistant profession.
2) Inform members of developments in the legal assistant profession.
3) Encourage the continued education of legal assistants.
4) Promote education in the use of legal assistants.
5) Inform the general public of the role of legal assistants in the delivery of legal

services.

The committees, many of which had really already become operational by then, gave their reports at this first meeting. Besides the Steering Committee, there were established the Job Bank Committee, the Community Education Committee, the Procedures Manual Committee, and the Newsletter Committee. A Membership Committee, a Standards Committee (to address such matters as the interpretation of the by-laws and the monitoring of issues affecting the profession), and a Program Committee (to present speakers and activities of interest to the profession), would soon round out the first standing committees.

    The Community Education Committee reported that demand for speakers to inform community groups about paralegals was increasing. The Procedures Manual Committee reported that its first efforts would be directed toward adoption and probate manuals, to aid legal assistants in their work, to train legal assistants, and to guide attorneys in their use of legal assistants. The Newsletter Committee reported its plan to distribute a bimonthly newsletter, and made an appeal for help. Those present at this first March 4 meeting of the Hawaii Association of Legal Assistants also defined membership classifications, outlined projected areas of expense, and decided to elect a Neighbor Island Representative.

    HALA’s first elections were held on April 22, 1978; the first officers and directors were: Ann Walser, President; Diana Fujimori, Vice President; Bette Steele, Secretary; Ellen Mann, Treasurer; Margaret Saunders, Job Bank Director; Shelley Teraoka, Newsletter Director; Frances White, Community Education Director; Valerie Bavero, Procedures Manual Director; Judy Oh, Program Director; and Ann Doyle, Neighbor Island Representative. HALA’s first Board of Directors Meeting took place on May 6, 1978. As President Walser would report to the general membership at HALA’s First Annual Meeting in January of 1979, it was the first administration’s responsibility to "set up house and establish its order." At its nine meetings during the first seven months of HALA’s existence, the Board thus especially directed its efforts toward preliminary administrative matters that would make possible progress toward realization of the Association’s goals. During that first year, the Board finalized and filed the Association’s Petition and Charter of Incorporation and its By-Laws, opened two Association bank accounts, rented a post-office box, printed membership cards and stationery, established relations with other paralegal associations, organized HALA’s central files, and set policies regarding representation from the Program Committee, HALA fund-raisers, office terms and responsibilities, procedures for nominations and elections of officers and directors, and distribution of newsletters. The decision process for such matters was often tedious, but necessary for the effective management of the Association.

Furthering goals

    The Hawaii Association of Legal Assistants’ Petition and Charter of Incorporation, which were filed with the State of Hawaii Department of Regulatory Agencies on May 29, 1978, publicly declared the five Association goals (listed above) that had been proposed by the Steering Committee in March. When Ann Walser wrote to the National Federation of Paralegal Associations Executive Director on June 23, 1978, it was as President of an Association that had been but a dream less than a year before: "Since our last correspondence . . . I am pleased to announce that the Hawaii Association of Legal Assistants has been incorporated as of May 25, 1978 . . . . We look forward to establishing and developing a long and rewarding professional relationship between our associations."

    During its first year of existence, HALA not only accomplished preliminary business, but also made significant strides toward its specific declared goals. Though the formal adoption of its own code of ethics and responsibility would not come until much later in the Association’s history, the Association’s first professed goal, namely the promotion and maintenance of high standards in the legal assistant profession, was immeasurably advanced by the very formation of an professional association for paralegals in Hawaii, and by the organized and conscientious efforts of the new Association’s officers, directors, and members. Progress toward the second goal, that of informing members of developments in the legal assistant profession, was realized via the five newsletters published during the first year, which included pieces on paralegal fee recovery, on the positions on the paralegal certification issue taken by the two national paralegal organizations (the National Association of Legal Assistants and the National Federation of Paralegal Associations), and on the non-lawyer practice issue in the light of the responsibilities of such paralegals as HALA member Anna Manis Tabor at the Honolulu field office of The Nature Conservancy and in the light of the "judicial scrivener" profession in Japan, and as played out in certain other states in this country.

    HALA’s third professed goal, of encouraging the continued education of legal assistants, was furthered during the first year by the newsletter announcement of educational events including Kapiolani Community College’s schedule, scholarship opportunities, and its publication of reviews of books of interest to paralegals and Hawaii legislative news. The paralegal education goal was also furthered by the presentation by Judge Betty Vitousek at the First Annual Meeting, and the Association’s support of Kapiolani Community College’s Legal Assistant Program. Progress toward HALA’s fourth and fifth goals, the promotion of education in the use of legal assistants and the education of the general public regarding the role of legal assistants in the delivery of legal services, were advanced by the part played by the Procedures Manual Committee in the finalization of the Probate Practice Guide for Legal Assistants, which would not only aid legal assistants in their work but also guide attorneys in their use of legal assistants, and by several speaking engagements in the community by HALA members.

    As a result of such efforts, the membership of the Hawaii Association of Legal Assistants tripled in its first year of existence, from nineteen members in March, 1978 to sixty-one members in January, 1979. In her 1978 Report to the members at the First Annual Meeting on January 27, 1979, President Ann Lynn C. Walser outlined certain recommendations for HALA’s second year, based on HALA’s five professed goals. With respect to the goal of promoting and maintaining high standards in the profession, President Walser recommended that HALA investigate the question of national affiliation, noting that HALA had already received invitations from the two national organizations. (Though the new Standards Committee investigated this question carefully in 1979, HALA did not join a national organization until ten years later, in 1989, when it became affiliated with NFPA after about a year of careful study.) Toward the goal of better informing members of developments, President Walser recommended a comprehensive study of legal assistants’ status in Hawaii, so that members’ efforts toward advancement would be founded in more certain knowledge of current paralegal salaries and responsibilities. (This was indeed realized in impressive form with the publication of the Hawaii Association of Legal Assistants Survey Analysis, finalized and published in June, 1980.) President Walser expressed her hope that HALA would continue to offer programs which further the goal of the continuing education of legal assistants. She also complimented those involved in the production of the Probate Practice Guide for their dedication in that first effort toward the goal of promoting education in the use of legal assistants, and expressed the hope that the goal of informing the general public about the role of the legal assistant in the delivery of legal services would be served by the development of an outreach program staffed by more Community Education Committee volunteers, so that they would not just be responding to invitations, but seeking opportunities to explain the paralegal’s role in the delivery of legal services.

    "HALA’s existence is not just an accident but an accomplishment for our professional welfare," observed the first President of the Hawaii Association of Legal Assistants, Ann Lynn Walser, at the Association’s First Annual Meeting. The Association we now refer to as the Hawaii Paralegal Association was brought into existence by the determined effort of many motivated paralegals. And the advancement of paralegals’ professional welfare by a healthy professional association has also meant an improvement in the delivery of legal services to those who may not have otherwise had access to our society’s justice system. As an organ within the body of the greater society, our Association furthers our professional purposes and also futhers the purposes of our community. Let us hope that progress continues to be realized in these complementary purposes as we proceed into the twenty-first century.

Postscript: Maintaining Vitality

The indisputable success of the new association of Hawaii paralegals notwithstanding, by the end of its first year of existence the sustained vitality of the fledgling Hawaii Association of Legal Assistants was already a matter of concern to its first leadership. President Ann Lynn C. Walser’s careful assessment of this problem at its first manifestation possesses a certain poignancy and relevance undiminished twenty years later; her remarks are here presented in their entirety.

In the life cycle of all organizations, we have completed the first task of organizing. However, as previously mentioned, maintaining the vitality of the organization still remains to be accomplished. I call the membership’s attention to the decentralized structure of HALA. The primary level of involvement and decision-making is designed [to be] at the committee level. The Board of Directors is organized on a secondary level to serve as a forum to [be] an exchange of ideas among the committees, to insure cohesiveness for the benefit of the entire membership and to perform the required daily tasks.

Presently for the entire membership, the visible items of HALA’s operations are the newsletter and the program luncheons. My concern is the lack of membership participation in the committees on an ongoing basis. We are at a minimal level of activity because the required number of members to perform all the operations does not exist. There was a time when only three people were publishing the newsletter.

At this point we could engage in a full length debate on HALA’s level of participation and the possible reasons. On one end of the spectrum, a member’s statement, "I haven’t heard anything from anyone since I’ve joined." On the other end of the spectrum, the Board responds, "We called you but you never showed up." To these statements and all comments in between, I respectfully respond, "There’s some truth to what you say and let’s not discuss it. I want to do something about it and I share with [you] the following thoughts and course of action.

1) Especially in our pioneering profession, it is [to] each member’s advantage to provide support and momentum to our profession. We need members. We are 60 legal assistants trying to gain household acceptance in the legal community of about 1,700 attorneys, several hundred court clerks, and reporters. In the numbers game we lose. To accomplish HALA’s goals, we need each member’s participation and we cannot afford to alienate ourselves. We can be only dues-paying members, however, if we do, HALA as an organization runs the risk of losing its total vitality from each member’s involvement. I therefore invite us to serve on one of HALA’s six committees. For your convenience, there is a sign-up clip board on the display table.

2) To promote experiential and educational dialogue among our members, a Membership Directory should be published as a benefit and resource to HALA members.

3) To increase cohesiveness of HALA’s structural formation, each committee should schedule permanent monthly/bimonthly meetings at a specific place. E.g., Board to meet 3rd Thur. at 11:30 at Rice Lee & Wong. Negotiating a permanent time and place will facilitate each member’s personal planning and involvement with HALA. Furthermore, a calendar of the committee’s meetings, times and places should appear in each newsletter. Also along the lines of cohesiveness, HALA’s membership needs to come together more than just once a year for its annual meeting to elect officers.

4) Included in the responsibilities of each director is the duty to inform her committee of the Board’s activities. I have no way of evaluating the success of this line of communication. However, it is my guess that if a member is not a part of a committee and/or does not attend committee meetings, the member would be removed from the Board’s activities. I suggest that the Board should publish in the newsletter a report of its monthly administrative activities.

1 "HALA" was replaced with "the Association" in this excerpt from the 1978 President’s Report.

R. Elton Johnson, III has more than ten years of experience as a civil litigation paralegal, more than fifteen years of experience as a body surfer, and more than twenty-five years of experience as a philosopher. He has served as Newsletter Director and as Membership Director for the Hawaii Paralegal Association, led the Web Site Development Committee, and is a regular volunteer and a supporter of access to justice, having assisted with You and the Law in Hawaii, Legal Line, Law Week, and the Hawaii State Bar Association Task Force on Access to Justice. Elton is a frequent contributor to the Hawaii Paralegal Reporter.