Hello everyone and welcome to this Ethics Alert which will discuss the recent proposal of a California State Bar working group to permit licensed paraprofessionals to give legal advice and limited legal services, and own law firms. The purpose and charter of the California Bar’s Paraprofessional Program Working Group is here: https://www.calbar.ca.gov/About-Us/Who-We-Are/Committees/California-Paraprofessional-Program-Working-Group and the working group’s September 23, 2021 Report and Recommendations are here: https://www.calbar.ca.gov/Portals/0/documents/publicComment/2021/CPPWG-Report-to-BOT.pdf
Pursuant to the very detailed Report and Recommendations of the California Paraprofessional Program Working Group, licensed paraprofessionals would be allowed to represent parties in court in certain situations; however, with a complete prohibition on representation in jury trials. In addition, if approved, paraprofessionals would be permitted to provide services in family law, housing, consumer debt, employment/income maintenance, and collateral criminal matters. Paraprofessionals would also be permitted to have minority ownership interests in law firms.
The report further recommends that an extensive discipline/regulation system be implemented and that recommends that there be no limits on the fees that licensed paraprofessionals will be authorized to charge, except as provided in Rule 1.5.1(c) of the Paraprofessional Rules of Professional Conduct.
The working group cites to the California Bar’s 2019 Justice Gap Study which found that “while 55 percent of Californians experience at least one civil legal problem in their household each year, they received inadequate or no legal help for 85 percent of these problems. A lack of knowledge about what constitutes a legal issue, deciding to deal with the problem without help, and concerns about the cost of legal services were identified as primary factors that prevent many people from seeking legal assistance.”
There were extensive dissenting opinions and alternative recommendations in the report. Public comments on the California proposal are due by January 12, 2022 and the California Bar is then expected to consider a final proposal later in the year. Any plan approved by the California Bar would be sent to the California Supreme Court and the California state legislature for review and potential approval.
As I have previously blogged, the states of Washington, Utah and Arizona have previously created such programs for paraprofessionals, and several other states, including Florida, are considering doing so. New York is also considering implementation of a working group’s recommendation that it license social workers to perform some legal tasks. As I also previously blogged, the Washington Supreme Court voted to sunset its Limited License Legal Technicians program, citing to costs and an apparent lack of interest.
Bottom line: California becomes another state considering allowing nonlawyers (paraprofessionals) to provide legal services and own law firms. It now seems to be a trend. Stay tuned and…
Be careful out there.
If you have any questions about this Ethics Alert or need assistance, analysis, and guidance regarding these or any other ethics, risk management, or other issues, please do not hesitate to contact me.
Disclaimer: this e-mail is not an advertisement and does not contain any legal advice and the comments herein should not be relied upon by anyone who reads it.
Joseph A. Corsmeier, Esquire
Law Office of Joseph A. Corsmeier, P.A.
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Palm Harbor, Florida
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