IMP LEMENTATIO N
C AS E ST U DY
Kenya requires members
of marginalized groups to go
through a difficult “vetting”
process when they apply for
ID cards. Paralegal projects in
Kenya prepare clients for the
questions they will face in this
discriminatory process. While
this approach lessens the harm
that the vetting process does,
the paralegal programs still aim
to change the system through
rigorous data collection and
advocacy. They do not see
the paralegal assistance to
clients who undergo vetting as
inconsistent with advocating for
an end to discriminatory vetting.
RELATED RESOURCE
Resources related to supervising
paralegals:
• “Supervision and management
of paralegals,” Community
Paralegal Manual, Timap for
Justice.
• “Monitoring, supporting
and assessing paralegals,”
Community-based Paralegals: A
Practitioner’s Guide, Open Society
Justice initiative.
• Sample client satisfaction
surveys (available at “Monitoring
tools and mechanisms“) and
“Emotional Support and Selfcare“ resources Refugee Rights
Toolkit, Asylum Access.
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for cases that are currently past their follow-up deadline as well as
cases that are closed but do not have an outcome logged. Electronic
databases can also send automatic reminders to paralegals about data
inconsistencies or cases in need of follow-up, allowing supervisors to
devote more attention to larger challenges.
A major goal of supervision is to make sure paralegals do their work
effectively and use an empowerment approach, but encouraging
paralegals to keep working for your project is just as important.
Paralegals face similar cases day to day and have challenges such as
burnout and emotional distress because of the experiences of their
clients. One way to encourage paralegals to stay is to create a promotion
structure, to offer career growth. You can promote volunteers, interns, or
community facilitators to paralegals, and paralegals to lead or supervisor
positions. These tiers of supervision can also be efficient as central
supervisors or project managers do not directly manage all workers.
Another important way to encourage paralegals to keep working for your
project is providing and emphasizing positive feedback. Paralegals need
to hear about their successes and about the project’s successes in order
to work effectively. They are also unlikely to continue working for your
project without this kind of encouragement. A third action you can take
is providing access to counselling and other help for emotional distress.
Paralegals are exposed to suffering and trauma. Those who come from
communities affected by conflict, displacement, human rights abuses,
and exclusion themselves may be particularly vulnerable. Finally, the
training resources listed in section 7.2 Training Paralegals can also help
paralegals explore opportunities for more complex legal work.
7.4 Ethical Issues
Working on nationality, documentation, and citizenship rights issues,
particularly at the community level, presents many ethical dilemmas. It may
not always be simple to apply principles like impartiality and confidentiality.
Projects must create ethical policies or codes of conduct to guide
paralegals because of this. The principles below are central to these policies.
Tools to improve your project’s ethical compliance include:
•C
onsent forms for signature by clients agreeing that a paralegal will
take on their case.
• Issues log in which paralegals note any ethical dilemma they face,
which supervisors review frequently.
•R
isk assessment and mitigation tool, which paralegals can use at
start-up and throughout operations, in order to anticipate issues
and identify steps to put in place to avoid potential harm from any
program activities.
A C O M M U N I T Y- B A S E D P R A C T I T I O N E R ’ S G U I D E : D O C U M E N T I N G C I T I Z E N S H I P A N D OT H E R F O R M S O F L E G A L I D E N T I T Y
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