Proposal to let non-lawyers provide some legal services inches forward

(Reuters) - California is one step closer to letting specially trained non-lawyers known as paraprofessionals deliver limited legal services in the state, though many hurdles remain.

The State Bar of California’s Board of Trustees on Friday accepted a revised set of recommendations for a new category of providers who would offer specific legal services at a lower cost than attorneys. The recommendations no longer allow for paraprofessionals to jointly own a firm with attorneys — a provision that spurred significant pushback from lawyers.

The revised recommendations also exclude legal paraprofessionals from providing services in certain areas such as guardianship matters and estate conservatorship, and they ensure that none of the funding for the new paraprofessional program would cut into money used to support the bar’s attorney discipline program.

Under the proposal, paraprofessionals would be limited to offering services in the areas of consumer debt, employment and income maintenance, children and custody, and housing. They would not be eligible to provide criminal legal services except for expungements. And they would be limited to specific functions within those areas.

A 19-member working group spent more than two years crafting and revising its recommendations for a paraprofessional program, which is intended to make legal representation more accessible and affordable. It received more than 2,000 comments from lawyers and members of the public, with the majority opposing the concept. Lawyers were especially hostile to the idea—90% of the more than 1,000 lawyers who weighed in objected to the program.

California Appeals Court Justice Ioana Petrou, who chaired the working group, said in a statement the recommendations may need “further adjustments,” but the program was designed to both protect the public and address the state’s unmet legal needs.

State bar staff will now finalize a proposal that will be considered by its board of trustees. If the board pushes it forward, the proposal will still require the approval of both the California Supreme Court and the state legislature.

Read more:

'A very big deal.' Nonlawyer licensing plan clears hurdle in California

California plan to license nonlawyers draws heated response

Our Standards: The Thomson Reuters Trust Principles.