In an effort to reduce the “justice gap” (the difference between the civil legal needs of low-income Americans and the resources available to meet those needs)[1], many states are proposing reforms that would change the rules regulating law practice and what is included in the definition of Unauthorized Practice of Law. Proponents of these changes believe that they will improve access to legal services by lowering costs and increasing the availability of legal services. The emergence of Legal Technicians (or Legal Paraprofessionals) is one area in which these reforms are evidenced. Legal Technicians are professionals that provide limited legal services by consulting with and advising clients, completing and filing necessary court documents, court scheduling and generally support clients in navigating the legal system.[2]
Opponents of the proposed changes are concerned that by opening up attorney regulations and allowing Legal Technicians to perform functions that were previously the sole purview of licensed attorneys, it would put consumers at risk of corrupt business practices and take clients away from licensed attorneys.
I would argue that there is no more risk of corruption with a legal technician than with a licensed attorney. No matter the level of education or training, there will always be bad apples and with the proper oversight and regulation, the risk of corruption for Legal Technician professions would be comparable to the risk that exists currently with licensed attorneys.
Additionally, Washington state, the first state in the country to offer a non-lawyer practice program, according to the Washington State Bar Association’s website, has limited the services offered by legal technicians to matters concerning divorce, child custody or other family law matters. If other states follow suit, there will still be plenty of legal woes reserved strictly for licensed attorneys. The proposed changes actually could free up time for licensed attorneys to focus on more complex cases. In fact, according the New York City Bar Association, “the most common kinds of complaints against lawyers involve delay or neglect. This doesn’t mean that occasionally you’ve had to wait for a phone call to be returned. It means there has been a pattern of the lawyer’s failing to respond or to take action over a period of months. In some instances, this may result in your losing a case or losing the right to bring a case where there are time limitsinvolved.”[3] Consumers and licensed attorneys alike could benefit from legal technicians stepping in to “advise and consult with clients, file and complete court documents, assist pro se clients in certain hearings and advise and participate in mediation, arbitration and settlement conferences”[4] to reduce the potential for delays and neglect.
According to the Legal Services Corp., 86% of low-income Americans’ civil legal needs are not being met, including problems with health care, housing conditions, disability access, veterans’ benefits and domestic violence.[5] So in essence, these proposed changes would only target consumers who are not currently seeking the services of licensed attorneys as it is cost prohibitive.
An excellent comparison to legal technicians and licensed attorneys would be that of nurse practitioners in relation to doctors in the medical field.[6] Many a time we are sick and unable to obtain a same-day appointment with our doctor and are more than happy to see a nurse practitioner in order to get that crucial Z-pak to send that sinus infection packing. We do this without a second thought to the fact that nurse practitioners have received less training and have obtained different licenses than our doctor.
Be it the field of medicine or the practice of law, the more flexibility, the more options, the better the outcome for us as patients/clients/consumers.
[1] https://www.lsc.gov/our-impact/publications/other-publications-and-reports/justice-gap-report
[2] https://www.linkedin.com/pulse/limited-legal-licensing-north-carolina-paralegals-paralegal-mercer/
[3] http://documents.nycbar.org/files/complaints-against-lawyers.pdf
[4] https://www.lawweekcolorado.com/article/lllt-programs/
[5]https://wakeforest.instructure.com/files/2009439/download?download_frd=1&verifier=nYsk60PRQpICmXL9D8gqoYKm7l6wI06227SUyVV8
[6] https://www.lawweekcolorado.com/article/lllt-programs/
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