Working in the shadows of professionalism: An investigation into the career experiences and dynamics of paraprofessionals

Lead Research Organisation: University of Bath
Department Name: School of Management

Abstract

This project extends knowledge on the career dynamics and experiences of paraprofessionals, while aiming to contribute to their career outcomes and meaning making. In modern societies, people seek meaning at work through their careers. This can be embedded in the pursuit of a calling, the realisation of authentic selves or feelings of success and status. While career scholars have investigated the career experiences of many occupations, this study focuses on paraprofessionals. Paraprofessionals are defined as persons "to whom a particular aspect of a professional task is delegated but who is not licensed to practise as a fully qualified professional" (Oxford Dictionary, 2015). They include nurses, support staff in the academic profession and, this study's focus, paralegals in the legal industry. What distinguishes paraprofessionals from their professional counterparts is their lack of professional status. One way how professionals obtain status, and hence meaning, is through established career trajectories. However, paraprofessionals have remained excluded from these. In addition, it is assumed that their work gives them little room for personal development or advancement. Often tasks are considered to be mundane and repetitive. Hence, characteristics that we associate as providing meaning in our careers do not seem to apply to paraprofessionals. So what does the concept of the career represent to them and where do they find meaning?

Paralegals make up 54,000 of the legal workforce in England and Wales, more than the combined number of solicitors and barristers. Hence they significantly contribute to legal work. Yet, to date they have remained in the shadows of those with professional status as academic research has focused on understanding the experiences of lawyers and barristers. Until recently, paralegals were excluded from professional career trajectories if they do not have a training contract. While many aspire to become professional solicitors, this has presented a barrier to their career mobility. In 2014, the Solicitors Regulation Authority (SRA) introduced the 'equivalent means scheme' as an alternative career path built on practical experience rather than educational qualification. Yet, given the timeliness, its effect still remains little understood.

This multi-method study aims to provide understanding of the career dynamics and experiences of paraprofessionals, particularly paralegals, by interviewing paralegals, lawyers, HR professionals, professional bodies and clients. A qualitative methodology was chosen that combines data collection techniques, ensuring the academic rigour of the study:
- Part 1 investigates the career experiences of paralegals in law firms and alternative business structures (ABS) across England. 50 participants will be interviewed and through an innovate arts-based methodology, drawings of their experiences will be collected to uncover the felt experiences.
- Part 2 captures the narratives of 10 members of representative bodies to illuminate their perceptions of paralegal work and ongoing initiatives aimed at improving career prospects. It particularly seeks to understand if there is a conflict for professional associations in protecting professional standards while opening up career trajectories.
- Part 3 provides knowledge on organisational and social dynamics. A comparative study of 3 law firms will analyse the influence of organisational practices on paralegal careers. In addition, by interviewing 30 paralegals, law firm partners, solicitors, HR professionals and clients, it investigates the underpinning social dynamics.

The implications of this study could be transformative to paraprofessionals and the professions generally, as well as paralegals and the legal profession specifically. The research will make important contributions to knowledge by pushing disciplinary and methodological boundaries as well as having significant impact for non-academic audiences.

Planned Impact

This project has been designed to maximise impact for its identified beneficiaries by disseminating the findings to a broad range of beneficiaries. The main beneficiaries include: 1) paralegals, 2) law firms, 3) professional bodies such as the Solicitors Regulation Authority (SRA) and the Law Society as well as other representative organisations such as the Institute of Paralegals (IOP) and the National Association of Licensed Paralegals (NALP), 4) the legal profession more broadly as well as 5) the general public as a community of interest. The potential impact of this study can be grouped under two categories: knowledge and understanding and activity, behaviour and progression.

One of the proposed outcomes of this study is to foster mutual understanding, collaboration and exchange of knowledge between the PI and participants in the study as well as participants among themselves.

First, by providing a better understanding of their work, sense of self and the meaning they attribute to work, there is a potential that this study contributes to the health and well-being of paralegals. Second, this research will provide new knowledge on how organisational practices and processes may influence the work experiences of paralegals, particularly in relation to their career mobility, and it will identify existing practices which will be of significant interest to law firms as well as the legal profession more broadly given its reliance on paralegals for vast amounts of their work. As such it will also provide opportunities for the optimisation and improvement of existing practices and processes, which is relevant to the HR function within law firms.

In addition, this study will enable professional and representative bodies to develop greater understanding of the effectiveness of current initiatives such as the 'equivalent means scheme' which hence will provide opportunities for the optimisation of such initiatives. Moreover, developing knowledge on the challenges paralegals face may also have implications for the legal sector more widely as an improved understanding of the meaning of paralegal work in a contemporary environment of change by lead to improved work practices across the sector.

Finally, it will reach the general public more broadly, providing them with inside into the experiences of paraprofessionals, particularly paralegals, by for example exhibiting the research at the Museum of Bath at Work. In addition, the dynamics underpinning the legal profession, particularly in relation to social exclusion and its influence on career mobility are of interest to the broader public as evidenced in recently publicised research conducted by the Social Mobility and Child Poverty Commission proposing that law firms conduct 'Poshness tests' for new candidates, where hiring decisions are largely made based on socioeconomic background, one's ability to communicate in an eloquent manner and a general 'aura of polishedness'.
 
Title Participant drawings 
Description The project has so far produced 23 participant drawings expressing how they experience their role visually. 
Type Of Art Artwork 
Year Produced 2017 
Impact Conversations with the Museum of Bath at Work are currently held to plan an exhibition of selected drawings to the museums' audience. 
 
Title Poster at Images of Research Exhibition 
Description A poster comprised of drawings created by participants was created and submitted to the annual Images of Research Competition and Exhibition at the University of Bath. Images of Research is an annual competition that asks researchers to capture the impact of their research with just one image and a short description. 
Type Of Art Artistic/Creative Exhibition 
Year Produced 2018 
Impact The poster was shared with members of the committee and the wider academic community at the University of Bath. It has also been displayed in a public cafe at the University which is frequented by students, staff and members of the public. A notable impact from the image poster is creating awareness and possibly changing perceptions about the value and use of innovative, creative research methods in social science and management studies. 
 
Description The study has generated significant new insights into the work and career experiences of paralegals, employed in the UK legal sector. Prior to the study there had been a dearth of research into paraprofessionals, particularly paralegals, albeit paralegals being a growing phenomenon. Through this project, a substantial data set consisting of 79 qualitative interviews and 28 participant drawings was created. Some of the key insights generated were:

• Career immobility: Despite great scholarly interest into career mobility, many paralegals experience the opposite - career immobility, i.e. feeling stuck in their role. This study challenges the premise that mobility has become prevalent in contemporary careers. Instead it demonstrates how career mobility and career immobility mutually inform each other. It suggests that career immobility emerges through people's constructions of themselves as immobile in their career. As such it shifts the focus away from people's actual movements and the factors constraining them to how they make sense of and experience movement in their careers, and the lack thereof.

• Work/career paradox: Another key insight was an emerging paradox between work and career. Importantly, the relationship between work and career has traditionally tended to be seen as linear and static: the type of work professionals do, reflects their status in the career hierarchy. However the emergence of paraprofessional labour challenges that. The findings suggest that on the one hand, paralegals are expected to take on increasingly complex legal work previously done by those in higher status career roles, such as trainees and junior associates. On the other, they remain stagnant in low status career roles unless they obtain a training contract. Further, the recruitment of trainees remains largely dependent on academic merit rather than work experience post university qualification. Hence, paralegals who take on more complex legal work may still be unlikely to be awarded a training contract. This gives rise to tensions a work complexification - career stagnation paradox which cannot easily be resolved.

• The influence of technology on paralegals: The study has identified the role that technology plays in relation to paralegal work and careers. The findings provide evidence of different technology narratives, i.e. technology pessimists and optimists. While pessimists emphasize how technology will threaten the existence of paralegal roles overall. Optimists see opportunities for paralegals to becoming technology experts in this changed environment.

This study has made use of innovative, multimodal methods combining interviews and participant drawings. Asking participants to draw how they experienced their role enabled a more in-depth understanding of their felt career experiences. For example, the images revealed the fragmentation and stress that many paralegals experience in their role, the uncertainty they experience in their careers and that they perceive their career paths as linear yet shaped by partially unsurmountable obstacles.

The research has strengthened academic and non-academic partnerships. Academically, it has allowed the PI to develop a strong writing collaboration with Prof Laura Empson at Cass Business School as well as regular knowledge exchange by attending the Centre for Professional Service Firms (CPSF) research meetings at Cass Business School. It has also facilitated relationship building with socio-legal studies community, particularly Prof Hilary Sommerlad from Leeds University. Further, this study has also contributed to strengthening partnerships between academics and practitioners, e.g. through conducting a knowledge-exchange event involving professionals from the legal industry and academics conducting research on professions and professionals.

As the principle investigator (PI), I was able to develop important skills such as planning, leading and executing of a two year research project as well as monitoring all expenditures, activities and outputs associated with the study. This has significantly increased my research management and leadership capabilities. The study has also allowed me to develop my research skills as a qualitative, multimodal researcher by conducting a large scale qualitative study, combining both participant interviews and innovative methods such as drawings.
Exploitation Route The insights and outcomes generated by this study contribute to academic knowledge in the fields of Management and Organisation Studies, Professions, Professional Service Firms (PSFs) and socio-legal studies as well as careers studies and Human Resource Management. Scholars in these fields will be able to build on the study's findings to e.g. inform their own research on career mobility and immobility in the professions, develop academic knowledge on the interplay between technology and professions and scholarly investigate the tensions and paradoxes that exist at the intersection of work and careers, particularly for paraprofessionals.
Further, the outcomes of this study have relevance for non-academic audiences. This includes, among others, paralegals, law firms, professional bodies, the legal profession as well as the general public as a community of interest. These audiences may take the outcomes of this study forward by engaging in further knowledge exchange between them, developing organizational practices in a way that improves the work and career experiences of paralegals, further improving current initiatives such as the 'equivalent means scheme' informed by the insights generated through this study. For paralegals, the insights generated through the research process will enable them to make more informed career decisions and hence, possibly lead more meaningful careers in the future.
Sectors Education,Financial Services, and Management Consultancy,Healthcare,Government, Democracy and Justice,Other

URL https://www.ingentaconnect.com/content/sil/impact/2019/00002019/00000001/art00011
 
Description The findings have been used to engage with non-academic audiences in the following ways: - creation of knowledge exchange study published on University of Bath website to inform wider public about research - several talks and presentations to students and practitioner audiences creating awareness of challenges experienced by paralegals - organising of an expert panel to share findings and form additional research opportunities - presenting findings at European Researcher's night to inform about paralegals' experiences
First Year Of Impact 2018
Sector Education,Government, Democracy and Justice,Other
Impact Types Societal,Economic

 
Description Qualitative data analysis session on DBA programme
Geographic Reach Africa 
Policy Influence Type Influenced training of practitioners or researchers
 
Description Qualitative data analysis session on PhD programme
Geographic Reach Multiple continents/international 
Policy Influence Type Influenced training of practitioners or researchers
Impact This activity significantly contributed to the research training of PhD students, allowing them to apply theoretical research skills to practical qualitative research material. Students produced presentations that included a thorough analysis of a selection of research interviews collected as part of this study. Thus significantly strengthening their analytical and presentational research skills as well as increasing awareness of the experiences of paralegals.
 
Description Qualitative research training on PhD programme
Geographic Reach Multiple continents/international 
Policy Influence Type Influenced training of practitioners or researchers
Impact This activity significantly contributed to the research training of PhD students, allowing them to apply theoretical research skills to practical qualitative research material. Students produced presentations that included a thorough analysis of a selection of research interviews collected as part of this study. Thus significantly strengthening their analytical and presentational research skills as well as increasing awareness of the experiences of paralegals in an international context.
 
Description Qualitative research training on PhD programme
Geographic Reach Multiple continents/international 
Policy Influence Type Influenced training of practitioners or researchers
Impact This activity significantly contributed to the research training of PhD students, allowing them to apply theoretical research skills to practical qualitative research material. Students produced presentations that included a thorough analysis of a selection of research interviews collected as part of this study. Thus significantly strengthening their analytical and presentational research skills as well as increasing awareness of the experiences of paralegals in an international context.
 
Title Creative methods for research on professions 
Description As part of my award I am using creative methods, i.e. participant drawings, to capture the lived experiences and subjective meanings that paraprofessionals attribute to their work and careers. This contributes to the use of innovative methods in the professions research which has to date been dominated by more traditional research methods including surveys, interviews and ethnography. 
Type Of Material Model of mechanisms or symptoms - human 
Year Produced 2018 
Provided To Others? No  
Impact The use of creative methods has allowed participants to express their career and work experiences outside of just 'talk'. As a result, new lines of inquiry were opened. Further, it allows for the presentation of research findings in a way that is more engaging with audiences. 
 
Title Qualitative data set on paralegals work and careers 2017-2019 
Description This data set contains qualitative data collected on the career and work experiences of paralegals in five UK law firms. It comprises a dataset of 79 interviews with paralegals, lawyers, members of professional bodies and educators across the UK, specifically England and Northern Ireland. The interviews were conducted either in person or on the phone, average around one hour, were audio recorded and transcribed. The interview schedule included questions on their career journeys and critical career moments, how they perceive career mobility and career success as well as the challenges and advantages of their role. In addition, participant drawings from 28 paralegals were collected, where participants were asked to visually express their experience of their role. . 
Type Of Material Database/Collection of data 
Year Produced 2020 
Provided To Others? Yes  
Impact This database will allow for the systematic analysis of paralegals career and work experiences. By providing a better understanding of their work and careers, there is a potential that this study contributes to the health and well-being of paralegals. The dataset will also provide new knowledge on how organisational practices and processes may influence the work experiences of paralegals, particularly in relation to their career mobility, and it will identify existing practices which will be of significant interest to law firms as well as the legal profession more broadly given its reliance on paralegals for vast amounts of their work. As such it will also provide opportunities for the optimisation and improvement of existing practices and processes, which is relevant to the HR function within law firms. 
 
Description Collaboration with the CPSF at Cass Business School, particularly Prof Laura Empson 
Organisation City, University of London
Department Cass Business School
Country United Kingdom 
Sector Academic/University 
PI Contribution As part of the award, I have developed a collaboration with Prof Laura Empson from Cass Business School. This has included working on research papers, being awarded a Visiting Fellowship at Cass Business School and attending monthly seminars organised by the Centre for Professional Service Firms at Cass.
Collaborator Contribution Prof Empson and members of the CPSF have provided invaluable guidance and feedback on the research proposal and the data collection. Further, Prof Empson is currently co-authoring one paper with me which has been submitted to the Academy of Management entitled 'Climbing invisible walls: The construction of career (im)mobility in liminal professional roles'.
Impact This collaboration has so far led to two seminar presentations and one conference submission.
Start Year 2017
 
Description Research Collaboration Prof Hilary Sommerlad 
Organisation University of Leeds
Country United Kingdom 
Sector Academic/University 
PI Contribution The findings of this research study have informed a book chapter in an edited book in co-authorship with Prof Hilary Sommerlad entitled "Paralegals, and the casualisation and de-professionalisation of lawyers". The edited book comprises a thematic volume of a two volume work "Lawyers in Society: 30 Years on", following on from Abel & Lewis (1988) "Lawyers in Society"
Collaborator Contribution The collaboration with Prof Hilary Sommerlad has allowed me to connect to a group of socio-legal scholars who focus particularly on paraprofessionals in the legal profession. It will further lead to the publication of findings from the study in an highly acclaimed legal publication. Prof Sommerlad has also provided insights and feedback on the study and its early findings.
Impact Specific outputs include: Book chapter in edited volume (see previous point), conference submission to the RCSL-SDJ Lisbon 2018 Meeting. This collaboration is multi-disciplinary as it connects Management Studies with Socio-Legal Studies.
Start Year 2017
 
Description CPSF Meetings 
Form Of Engagement Activity A formal working group, expert panel or dialogue
Part Of Official Scheme? No
Geographic Reach Regional
Primary Audience Professional Practitioners
Results and Impact Presented study to up to 6 practitioners from professional sector at two different instances, which led to questions and discussions during and after the presentation, initiated negotiation of access to two further participating organisations, participants followed up afterwards to exchange further information relevant to the study
Year(s) Of Engagement Activity 2017
 
Description DBA Engagement 
Form Of Engagement Activity A talk or presentation
Part Of Official Scheme? No
Geographic Reach International
Primary Audience Postgraduate students
Results and Impact 25 South-African DBA students attended a seminar where the research study and initial findings were presented. This led to questions and discussions afterwards. Student feedback included positive comments such as "I learned new concepts", "interesting session" and "I learnt about things I never knew existed".
Year(s) Of Engagement Activity 2017
 
Description European Researcher's Night 
Form Of Engagement Activity A talk or presentation
Part Of Official Scheme? No
Geographic Reach Regional
Primary Audience Public/other audiences
Results and Impact About 30 members of the public attended two walks as part of the European Researchers' night where I presented the findings of the study which lead to discussion with participants afterwards.
Year(s) Of Engagement Activity 2018
URL https://www.bath.ac.uk/campaigns/european-researchers-night-2018-futures/
 
Description Knowledge exchange case study 
Form Of Engagement Activity Engagement focused website, blog or social media channel
Part Of Official Scheme? No
Geographic Reach International
Primary Audience Professional Practitioners
Results and Impact I wrote a knowledge exchange case study based on my reflections on involving knowledge exchange activities in my research project. The case study summarised the core exchange activities, motivation, benefits and included tips for other researchers interested in taking a similar approach. It was published on the website of the University of Bath which has a global reach.
Year(s) Of Engagement Activity 2021
URL https://www.bath.ac.uk/case-studies/involving-knowledge-exchange-activities-in-a-research-project/
 
Description Postgraduate student workshop 
Form Of Engagement Activity Participation in an activity, workshop or similar
Part Of Official Scheme? No
Geographic Reach International
Primary Audience Postgraduate students
Results and Impact One week workshop with 12 International PhD students to introduce research study, initial findings and engage in co-analysis of interview material. This increased awareness among students, led to discussion about the research study and generated insights in relation to the collected empirical material.
Year(s) Of Engagement Activity 2019,2020,2021
 
Description Professional expert panel and knowledge exchange workshop 
Form Of Engagement Activity A formal working group, expert panel or dialogue
Part Of Official Scheme? No
Geographic Reach National
Primary Audience Professional Practitioners
Results and Impact From paralegal to partnership? Professions in times of change brought together academics and representatives of all the stakeholder groups involved in the research to discuss the challenges and opportunities for individuals and firms in the changing context of legal work. The event featured contributions from over 40 practitioners, academics and other stakeholders during an afternoon of knowledge exchange and discussion on the present and future of work and careers in the legal profession during times of change. The vent sparked reflection, questions and discussion afterwards. A summary report was produced which was shared with all participants. Several participants shared the insights with their organisations. The event was also publicized on Twitter by the School of Management, University of Bath, engaging with a broader audience.


The schedule was as follows:
Introduction and opening
Stefanie Gustafsson, Lecturer at School of Management, University of Bath

Presentations and Q&A
Amanda Hamilton, CEO National Association for Licensed Paralegals
Daisy Higgins and Declan Hollows, Trainee solicitors at Bryan Cave Leighton Paisner LLP (and former paralegal)
Thomas Evans, Business & Legal Operations Trainee at Norton Rose Fulbright LLP (and former paralegal)

Panel discussion
Mixed panel consisting of practitioners and academics including:
Mark Grayson, Chief Operating Officer at Bryan Cave Leighton Paisner LLP
Simon Howard-Drake, HR Business Partner, Travers Smith LLP
Tim Morris, Professor of Management Studies at University of Oxford
Jas Mundae, Head of LegalTech & Alternative Resourcing at Linklaters LLP
Daniel Muzio, Professor of Management at University of York
Rachel Roberts, Head of Business Solutions, Burges Salmon LLP
Juani Swart, Professor of Human Capital at School of Management, University of Bath

Closing remarks
Stefanie Gustafsson, Lecturer at School of Management, University of Bath
Year(s) Of Engagement Activity 2019,2020,2021
URL https://www.evensi.uk/paralegal-partnership-professions-times-change-university-bath-london/31484504...
 
Description Research presentation Kristianstad University 
Form Of Engagement Activity A talk or presentation
Part Of Official Scheme? No
Geographic Reach International
Primary Audience Undergraduate students
Results and Impact Research presentation based on study's findings to an international group of undergraduate students at Kristianstad University, Sweden.
Year(s) Of Engagement Activity 2022
 
Description Research seminar presentation Bayes Business School 
Form Of Engagement Activity A talk or presentation
Part Of Official Scheme? No
Geographic Reach International
Primary Audience Professional Practitioners
Results and Impact Paper presentation entitled 'The illusion of mobility: Constructing and sustaining liminality in paraprofessional careers'. The presentation was based on the study's core findings. It involved a mixed audience comprising senior practitioners, PhD students, academics, and other professionals working in HE.
Year(s) Of Engagement Activity 2021