Licensing Paralegals 

Author: Jeff Watts, MA, CP

It’s clear that the concept of limited licensing for non-lawyers has gained traction across several states, each aiming to address the access to justice gap in a way that balances the need for legal services with the constraints of affordability and availability. Here’s a summary and comparison of the current programs and initiatives across various states:

Arizona

• Program: Legal Paraprofessional (LP)
• Focus: Family law, limited jurisdiction civil, criminal law, and administrative law.
• Authority: Represent and provide services in these areas, subject to passing core and specialized exams.
• Status: Licensing began in November 2021; currently 22 active LPs.

California

• Program: Working group for Limited Paraprofessional Licensure
• Focus: Developing recommendations for a limited licensure program.
• Status: Currently facing significant resistance and has not yet implemented a licensing program.

Colorado

1. Licensing and Limitations:
   • LLPs are licensed by the Supreme Court to provide specific legal services but do not hold a general law license.  The order allowing LLPs was signed by the Colorado Supreme Court July 1, 2023.
2. Authorized Services:
   • LLPs can assist clients with legal separations, divorce, parental responsibility matters, modifications of child support or maintenance, protection orders, name changes, and adult gender designation changes.
   • They can handle motions related to remedial contempt but not punitive contempt or other complex issues.
3. Restrictions:
   • LLPs cannot engage in matters such as registration of foreign orders, disputes involving multiple parties claiming parentage, preparation of QDROs, complex asset valuations, or any issues requiring expert testimony or complex legal analysis.
   • They cannot represent clients in contested APR (custody) matters involving non-parents or prepare documents related to business asset sales.
4. Authorized Activities:
   • LLPs can draft and file documents, counsel and advise clients, negotiate, and represent clients in mediation.
   • They can provide emotional support during court proceedings and assist in understanding court orders.
5. Exclusions:
   • LLPs cannot conduct witness examinations and are limited in how they can address the court.
6. Client Representation:
   • LLPs are not required to withdraw if an issue falls outside their scope; clients may seek additional legal help or represent themselves for such issues. 

Minnesota

• Program: Legal Paraprofessional Pilot Project
• Focus: Landlord-tenant and family law.
• Authority: Represent and advise clients in specific legal matters under supervision.
• Status: Pilot project began in March 2021 and extended through March 2024.

Oregon

• Program: Limited-Scope License for Paraprofessionals
• Focus: Family law and landlord-tenant law.
• Authority: Provide legal services in these areas.
• Status: Program approved in 2022, with implementation starting on July 1, 2023.

Utah

• Program: Licensed Paralegal Practitioner (LLP)
• Focus: Family law, debt collection, eviction.
• Authority: Represent and advise clients in specified legal areas.
• Status: Program began in late 2019; currently 23 active LLPs.

Texas

The Texas Supreme Court is considering a proposal to allow qualified nonlawyers, specifically licensed legal paraprofessionals, to provide legal services to low-income Texans. This initiative aims to address the access-to-justice gap caused by resource and staffing shortages.

Key Points of the Proposal:

1. Scope of Services:
   • Family Law: Paraprofessionals can assist with uncontested divorces without children or complex property issues by advising on form completion, preparing affidavits, and communicating with courts and opposing parties.
   • Estate and Probate Law: They can offer support in these areas under specified conditions.
   • Consumer Debt Law: They can represent clients dealing with debt issues.
2. Court Representation:
   • Paraprofessionals and licensed court-access assistants may represent low-income individuals in justice court, which handles small claims, provided they are sponsored by approved legal-assistance groups.
3. Licensing and Requirements:
   • Candidates must pass an ethics exam and a subject-specific exam or meet certain experience or education criteria.
   • Exceptions are possible if they achieve a high score on the Texas State Bar exam or meet other qualifications.
   • Applicants must demonstrate good moral character and adhere to an ethics code.
4. Limitations:
   • Paraprofessionals cannot prepare qualified domestic relations orders or provide limited legal services in certain complex cases without lawyer supervision.
5. Process and Timeline:
   • The proposal follows a two-year review process and the recommendations by the Texas Access to Justice Commission.
   • Comments on the proposal are due by November 1, with potential rule changes taking effect December 1.
   • The Texas Supreme Court is accepting public comments until November 1, 2024.  Comments regarding the proposed rule may be submitted to rulescomments@txcourts.gov.

Washington

• Program: Limited Licensed Legal Technician (LLLT)
• Focus: Family law, including divorce, child custody, and related matters.
• Authority: Consult with clients, complete and file court documents, assist pro se litigants at some hearings and settlement conferences.
• Status: Program sunsetted in 2020; existing LLLTs can continue practicing. Currently, 16 active LLLTs.

Key Takeaways

1. Diverse Approaches: Each state has tailored its program to address specific gaps in legal services, from family law to landlord-tenant disputes. This specialization helps ensure that paraprofessionals are well-equipped to handle the areas of law where they are most needed.
2. Implementation and Challenges: While states like Washington and Utah have established and operationalized their programs, others like California face significant resistance. The success and sustainability of these programs often hinge on overcoming legal and professional challenges.
3. Impact on Access to Justice: These programs aim to address the substantial access to justice gap by providing affordable and accessible legal services, particularly in areas where legal representation is critical but unaffordable for many individuals.
4. Evolution and Future Prospects: As economic challenges continue; it is likely that more states will explore similar licensing options to meet growing needs. The experiences of the pioneering states will offer valuable lessons for the development of new programs and refinement of existing ones.

Each of these states provides a model for balancing the need for affordable legal services with maintaining professional standards, demonstrating the potential for non-lawyer legal providers to make a significant impact in improving access to justice.