How Paralegals Are Being Elevated to Practice Certain Areas of Law
Paralegals reduce “the justice gap” by taking on work formerly exclusive to lawyers
Law firm paraprofessionals in six states can now perform work formerly reserved for attorneys, thanks to an innovative program that licenses non-lawyers to provide legal services. This helps to close “the justice gap” of in-demand legal services that many low- and middle-income individuals may not be able to afford. These pilot programs that utilize the foundational knowledge and experience of trained paraprofessionals have proven to be successful, and at least five more states have interest in launching similar programs, creating opportunities for experienced paralegals to drive more value for their firms, their clients, and their communities.
Every year, more than 60% of American households will face a legal matter, but many can’t find or afford an attorney to help them. The growing number of cases and the rising cost of attorney fees have severely limited access to affordable representation, compelling many to navigate the legal system without guidance or support.
Depending on the state, up 90% of individuals facing legal issues around debt collection or landlord/tenant disputes have no legal representation. Despite this critical need for legal support, rules regulating the practice of law and ownership of law firms have restricted the number of attorneys available to provide legal advice and representation. Current strategies to provide help to those unable to retain an attorney—such a legal aid organizations and pro bono services—barely addresses the growing “justice gap.”
Paralegals Are One Way to Close the Justice Gap
To provide more people with affordable legal aid, states are looking to paraprofessionals to step into roles formerly exclusive to attorneys. Recognizing that many paralegals are more than capable of providing valuable assistance to clients, some forward-looking jurisdictions are changing regulations to allow paralegals to perform specific services where the legal needs are greatest. This trend could truly be game-changing for paralegals across the country—and the law practices they serve.
Currently, Arizona, Colorado, New Hampshire, Washington, Minnesota, Oregon, and Utah have programs to license paralegals, elevating them to take on specific legal work. South Carolina, North Carolina, Connecticut, California and Michigan are exploring non-lawyer licensing as well.
This role has different names in each state: “Limited Licensed Legal Technicians (LLLT) or “Licensed Paralegal Practitioner” (“LPP”), or “Limited License Legal Practitioner” (LLLP); but the purpose is the same: allow paralegals to independently serve clients with specific legal tasks in areas where they can provide great value.
Experienced paralegals are encouraged to work in the most underserved areas of law, expanding access to legal services such as in: debt collection, landlord/tenant disputes, divorce, custody and child support, veteran’s benefits, personal injury, business services, and end of life/estate planning. Some states also have paralegals supporting work in criminal law, juvenile court, and state administrative law.
New Role for Law Firms: Legal Paraprofessionals (LPs)
In 2021, Arizona created the role of “Legal Paraprofessionals” (LPs) to provide services for family law, limited jurisdiction civil law, criminal law, and administrative law. The state drafted licensing requirements and established the specific roles and responsibilities of the LP, as well as the educational requirements to receive and maintain the license: Applicants must be U.S. citizens, over the age of 21, and have clean criminal records. To obtain the license, paralegals must pass a test on legal terminology, substantive law, client communication, data gathering, document preparation, and ethics. They must also have at minimum an American Bar Association–approved associate-level degree in paralegal studies, with appropriates credits for each field of law.
Paralegals who obtain the license have the authority to consult with clients, offer advice, fill out and file court documents, provide assistance, and represent clients at hearings and settlement conferences. New licensees must complete a state-bar approved course on professionalism.
Also in 2021, Minnesota kicked off a Legal Paraprofessional Pilot Project, which enabled LPs to represent clients in specific housing and family matters and provide them with legal counsel. LPs are permitted to appear with their clients in court. LPs must keep track of their work to be evaluated by the state to determine the program’s effectiveness in curbing Minnesota’s 95% rate of unrepresented cases of family law and landlord/tenant disputes.
California’s initial attempt to create a similar program met resistance from lawyers as well as some branches of state government, so the work of determining legal tasks that can be shared with paralegals is ongoing.
Empowering Paralegals: Early Successes
So far, paralegal practitioners have been successful. In two years, LPs in Utah have provided almost 20,000 services to 10,000 clients, with almost zero consumer complaints, with the few filed disputes settled to the satisfaction of the state regulator.
These programs provide a clear opportunity for paralegals to expand their practice and serve the wider community. In Arizona, the average hourly rate charged by a paralegal practitioner was $200 an hour. While this puts their services within reach of middle-class clients, more work needs to be done to provide affordable legal services to lower-income and working-class families.
Enabling paralegals to take on the work formerly exclusive to lawyers directly reduces the justice gap, increases access to the legal system, and also shows how important paralegals are in the judicial system in the U.S.
