Category Archives: 2018 Utah rules permitting non-lawyer legal practice

Arizona legal advocates program beginning in September 2020 will train non-lawyers to provide limited legal advice

Hello everyone and welcome to this Ethics Alert which will discuss the Arizona licensed legal advocates program beginning in September 2020 which will provide training for non-lawyers to provide limited  legal advice.  A recent news release on the program by the University of Arizona James E. Rogers College of Law is here:  https://law.arizona.edu/news/2020/02/new-licensed-legal-advocates-pilot-program

The Rogers College of Law initiated a two-year pilot project that will license a small group of non-lawyers to give limited legal advice on civil matters related to domestic violence.  The individuals will be known as licensed legal advocates and will be trained to provide legal advice on protective orders, divorce, child custody, consumer protection and housing.

Three to four lay legal advocates from Southern Arizona’s Emerge! Center Against Domestic Abuse are expected to start an eight-week training program at the law school in September 2020.  The individuals must have a bachelor’s degree and at least 2,000 hours of experience as a lay legal advocate.  The Arizona lay legal advocates will be permitted to provide general information about legal forms and court procedures in issues stemming from domestic violence, but are prohibited from providing legal advice.

The training will have an online curriculum and in-person classes.  The Arizona Supreme Court’s Administrative Office of the Courts is working with the Innovation for Justice Program to include a licensing examination for the course. If the pilot is made permanent, the licensed legal advocates will be required to take continuing legal education courses after completing the training.  Individuals who are required to appear in court in a matter will represent themselves; however, the licensed legal advocate will be permitted to sit at that individual’s table.

The pilot project runs until the end of 2021 and includes a research study which will review procedural fairness, whether a licensed legal advocate was able to provide the required level of legal services, and case outcomes.

The 2020-2021 pilot project results from a 2019 Arizona Supreme Court task force report on legal services delivery which recommended, inter alia, the elimination Arizona Rule of Professional Conduct 5.4 (based on Rule 5.4 of the ABA Model Rules of Professional Conduct) which restricts lawyer partnerships with nonlawyers in law firms.  An American Bar Association Task Force Report in October 2019 also recommended elimination of the Model Rule

The October 2019 American Bar Association Task Force on the Delivery of Legal Services Report is here:   https://www.americanbar.org/content/dam/aba/administrative/legal_education_and_admissions_to_the_bar/council_reports_and_resolutions/november2019/arizona-supreme-court-task-force-on-delivery-of-legal-services-final-report-2019-october.pdf

The Arizona Supreme Court is expected to vote on the recommendation to eliminate Arizona Bar Rule of Professional Conduct 5.4 in August 2020.

The Arizona Supreme Court authorized a pilot project creating a legal document preparer program to assist people in domestic violence matters.  As I previously reported, the Utah Supreme Court voted in August 2019 to pursue a regulatory reform working group’s recommendations, which included either eliminating or relaxing Utah’s Rule 5.4 and the Ethics Alert blog on that vote and working group report is here:  https://jcorsmeier.wordpress.com/2019/09/03/utah-supreme-court-approves-pilot-program-to-permit-non-traditional-legal-services-including-non-lawyer-firm-ownership/

The Utah working group report and the Arizona Supreme Court task force report are both referenced in the report accompanying proposed American Bar Association Resolution 115, which is scheduled to be considered and potentially approved by the ABA House of Delegates on Feb. 17, 2020 at the ABA Midyear Meeting in Austin, Texas. The resolution requests that the ABA to encourage jurisdictions to consider regulatory innovation and examine existing regulations, including those related to the unauthorized practice of law.

Bottom line:  This Arizona non-lawyer “legal advocate” pilot program permitting non-lawyers to give limited legal advice is a continuation of the trend toward expanding the non-lawyer practice of law and also authorizing non-lawyers to own legal service entities.  As always, I will be following it and I will keep you advised

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

Law Office of Joseph A. Corsmeier, P.A.

2999 Alt. 19, Suite A

Palm Harbor, Florida 34683

Office (727) 799-1688

Fax     (727) 799-1670

jcorsmeier@jac-law.com

www.jac-law.com

 

Joseph Corsmeier

about.me/corsmeierethicsblogs

 

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Filed under 2018 Utah rules permitting non-lawyer legal practice, 2019 California non-lawyer practice and ownership proposals, 2019 Utah pilot program permitting non-traditional legal services, including non-lawyer firm ownership, ABA Resolution 105 non lawyer ownership of law firms, fee sharing, Fee sharing with non-lawyer owned firms, joe corsmeier, Joseph Corsmeier, Non lawyer compensation, Non-lawyer limited practice of law, Non-lawyer ownership, Non-lawyer ownership of law firms, non-lawyer ownership of law firms and fee splitting, Non-lawyer practice of law, Non-lawyer practicing law, Uncategorized

Utah Supreme Court approves pilot program to permit non-traditional legal services, including non-lawyer firm ownership

Hello everyone and welcome to this Ethics Alert, which will discuss the unanimous Utah Supreme Court approval of a pilot program to permit non-traditional legal services, including non-lawyer firm ownership.  The report of the Utah Work Group on Regulatory Reform titled Narrowing the Access-To-Justice Gap by Reimagining Regulation is here:  https://www.utahbar.org/wp-content/uploads/2019/08/FINAL-Task-Force-Report.pdf

In an opinion dated August 29, 2019 (which is not yet published), the Utah Supreme Court voted unanimously to approve the recommendations of the work group which called for “profoundly reimagining the way legal services are regulated in order to harness the power of entrepreneurship, capital, and machine learning in the legal arena.”

The work group proposed the creation of a new structure in Utah for the regulation of legal services that would provide for broad-based investment and participation in business entities that provide legal services, including non-lawyer investment in and ownership of these entities.  The report stated that this goal should be achieved in two ways:

  1. Substantially loosening regulatory restrictions on the corporate practice of law, lawyer advertising, solicitation, and fee arrangements, including referrals and fee sharing and;
  1. Simultaneously establishing a new regulatory body, under the supervision of the Supreme Court, to advance and implement a risk-based, empirically-grounded regulatory process for legal service entities.

The Utah Supreme Court’s approval of the recommendations begins the first stage the report’s recommendations, which includes the creation of an implementation task force that will establish the new regulatory body as a pilot program that will be in place for about two years. The regulatory body will work with the Utah State Bar, which will continue to maintain its authority over lawyers and licensed paralegal practitioners (LPPs) and regulate non-traditional legal services which is not currently allowed under Utah’s rules.

Stage one of the plan also includes the creation of a “regulatory sandbox” which will be managed by the new regulating body, and will allow a limited market of non-traditional legal entities to provide legal services in the state. According to the report, “The goal is to allow the Court and aspiring innovators to develop new offerings that could benefit the public, validate them with the public, and understand how current regulations might need to be selectively or permanently relaxed to permit these and other innovations.”

The report also requested the Supreme Court to order three changes that would allow the pilot to operate as part of the first stage, including:

  1. Creation of the regulating body as an implementation task force of the court and delegate regulatory authority to set up and run the regulatory sandbox;
  2. Establish that providers approved to participate in the regulatory sandbox are not engaged in the unauthorized practice of law in Utah; and
  3. Establish that lawyers will not be subject to discipline for entering into business with or otherwise providing services with providers in the sandbox.

The court has not issued a written order and a Utah Supreme Court Justice who was on the Task Force stated that he expects the court to issue a press release soon providing further details.

As I previously blogged, the Utah Supreme Court previously approved Limited License Practitioner Rules which became effective November 1, 2018 and the first LLPs in Utah were expected to be licensed in 2019.  This makes Utah the most recent state to license non-lawyers to practice law and will allow LLPs practice without a lawyer’s supervision in three areas, including matters involving temporary separation, divorce, parentage, cohabitant abuse, civil stalking, custody and support, and name change, matters involving forcible entry and detainer, and debt collection matters in which the dollar amount in issue does not exceed the statutory limit for small claims cases.  LLPs will not be permitted to appear in court on behalf of a client.

Bottom line:  This is a very significant step toward the acceptance of non-traditional and non-lawyer practice in Utah and in the United States.  All of the states which have approved such rules are in western states, so far.  The beat goes on…stay tuned.

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

Law Office of Joseph A. Corsmeier, P.A.

2999 Alt. 19, Suite A

Palm Harbor, Florida

Office (727) 799-1688

Fax     (727) 799-1670

jcorsmeier@jac-law.com

www.jac-law.com

Please note:  My office has moved and the new office address is 2999 Alt. 19, Palm Harbor, FL 34683.  All other contact information remains the same.

Joseph Corsmeier

about.me/corsmeierethicsblogs

 

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Filed under 2018 Utah rules permitting non-lawyer legal practice, 2019 Utah pilot program permitting non-traditional legal services, including non-lawyer firm ownership, Attorney Ethics, joe corsmeier, Joseph Corsmeier, Lawyer sharing fees with non-lawyers, Non-lawyer ownership, Non-lawyer ownership of law firms, Non-lawyer practice of law, Non-lawyer practicing law, Uncategorized

First Limited Licensed Paralegal Practitioners expected to be licensed to practice limited law in Utah in 2019

Hello everyone and welcome to this Ethics Alert which will discuss the implementation of the limited license practitioners (LLP) program in Utah, which is the second such program in the United States.  The first non-lawyer licensing program was Washington’s Limited Licensed Legal Technician (LLLT) Program, which has been in place since 2015.

In 2015, the Utah Supreme Court considered a proposal to permit limited licensed paralegal practitioners (LPPs) to provide legal advice and assist clients in limited matters; however, those paralegals would not be permitted to appear in court.  The new LPPs would assist clients in completing legal forms, completing settlement agreements and representing them in mediated negotiations.

The Utah Supreme Court Task Force to Examine Limited Legal Licensing was appointed to consider rules permitting non-lawyers to provide help in specified areas of family law, eviction and debt collection.  The task force’s report recommended that LPPs have a law degree or an associate’s degree with a paralegal certificate, paralegal certification, paralegal experience and additional coursework in their practice area. The Utah State Bar would supervise the licensing and discipline.

The Utah Supreme Court Task Force’s November 18, 2015 Report and Recommendation is here: http://www.utcourts.gov/committees/limited_legal/Supreme%20Court%20Task%20Force%20to%20Examine%20Limited%20Legal%20Licensing.pdf.

The new LLP Rules were approved by the Utah Supreme Court and will take effect November 1, 2018.  The first LLPs in Utah are expected to be licensed in 2019, which will make it the second state to license non-lawyers to practice law and will allow LLPs practice without a lawyer’s supervision in three areas.

Those legal areas include:  matters involving temporary separation, divorce, parentage, cohabitant abuse, civil stalking, custody and support, and name change, matters involving forcible entry and detainer, and debt collection matters in which the dollar amount in issue does not exceed the statutory limit for small claims cases.  LLPs will not be permitted to appear in court on behalf of a client.

LPPs will be permitted to help clients choose, complete, file, and complete service of legal forms; review and explain court orders or another party’s documents; advocate for a client in a mediation; and complete settlement agreements after a negotiation.  Classes for licensed paralegal practitioners will be taught at Utah Valley University and the first licensing examinations are expected to be held in Spring 2019.

Bottom line:  Utah is the second state to permit limited licensed legal practice in the United States.  Washington has had a Limited Licensed Legal Technician (LLLT) Program in place since 2015 and California and Oregon are thinking about it:  See:  http://www.calbar.ca.gov/About-Us/Who-We-Are/Board-of-Trustees/Board-Task-Force/Limited-License-Working-Group and http://bog11.homestead.com/LegalTechTF/Jan2015/Report_22Jan2015.pdf

Be careful out there.

Disclaimer:  this Ethics Alert 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

Law Office of Joseph A. Corsmeier, P.A.

29605 U.S. Highway 19, N., Suite 150

Clearwater, Florida 33761

Office (727) 799-1688

Fax     (727) 799-1670

jcorsmeier@jac-law.com

www.jac-law.com

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Filed under 2018 Utah rules permitting non-lawyer legal practice, joe corsmeier, Joseph Corsmeier, Non lawyer compensation, Non-lawyer limited practice of law, Non-lawyer practicing law