Hello everyone and welcome to this Ethics Alert, which will discuss the recent proposal by the Oregon State Bar to permit nonlawyers to represent clients in housing and family law cases. A link to information and a video explaining the proposal on the Oregon State Bar website is here: https://www.osbar.org/lp The Oregon State Bar Board of Governors is moving forward on a “paraprofessional licensing program,” which would allow paralegals to handle certain landlord-tenant and family law cases. According to the Oregon State Bar, the proposal is designed to assist with the backlog of landlord-tenant cases in courts and to broaden access to legal representation.
A 2019 survey conducted by Portland State University, along with several legal organizations including the Oregon Law Center, the Oregon State Bar and Legal Aid Services of Oregon, showed that Oregon residents living at or below the poverty line are disproportionately affected by legal problems such as credit card and debt issues and landlord-tenant disputes, which are also more likely to affect people of color and single parents.
The Oregon State Bar’s website states:
“The Oregon Supreme Court is considering licensing paralegals to provide some legal services that currently only lawyers may provide. Similar to the introduction of Nurse Practitioners to the medical field, licensed paralegals would be allowed to provide limited legal services only in family law cases (divorces, custody, parenting time, etc.), and landlord/tenant cases. These are two of the areas of law with the greatest unmet need for legal assistance in Oregon.
“The licensed paralegals would have specific requirements for education and experience, and would be subject to many of the rules and regulatory requirements that currently exist for lawyers. The intent is to provide access to legal help for those who currently cannot afford a lawyer or who otherwise go to court with no legal assistance. The Court will be making a decision on this proposal next year. The Oregon State Bar is interested in your input to better inform the Court’s decision.”
The Oregon State Supreme Court will make the final decision on the program, most likely next year, and the Oregon State Bar is acceptng public comment on the proposal until February 18, 2022.
Bottom line: As I previously blogged, a number of western states permit or are considering permitting, nonlawyers to practice law..
Be careful out there.
Disclaimer: this e-mail is not an advertisement, does not contain any legal advice, and does not create an attorney/client relationship and the comments herein should not be relied upon by anyone who reads it.Joseph A. Corsmeier, Esquire
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