The Supreme Court of Texas this week gave preliminary approval to rules that would allow the delivery of legal services in certain circumstances by licensed legal paraprofessionals and licensed court-access assistants who are not lawyers.
“For years, the Court has made combating this ‘justice gap’ a top priority, and it has become clear that we must think beyond traditional efforts — such as funding and volunteer work — and focus on reforms that will help bridge the justice gap with new providers,” the court said in its order.
The court’s order endorses the concept of licensing legal paraprofessionals and court-access assistants to provide limited legal services to low-income individuals in order to help narrow the justice gap and expand access to justice.
The order sets out proposed amendments to the State Bar Rules and the Texas Rules of Civil Procedure that would implement these licensing schemes. It is inviting public comment on the proposed amendments, to be submitted by Nov. 1, after which it will issue an order finalizing the rules.
The proposed rules were developed by the Working Group on Access to Legal Services for Low-Income Texans of the Texas Access to Justice Commission. The proposals would create two types of licensed legal services providers, legal paraprofessionals and court-access assistants.
Legal Paraprofessionals
Under the proposal, legal paraprofessionals would be permitted to provide limited legal services to low-income clients without lawyer supervision:
- In civil matters in justice courts, which are similar to small claims courts and have jurisdiction over matters where the amount in controversy is not over $20,000.
- In uncontested divorces that do not involve children or complex property issues.
- In family law matters involving uncontested suits for protection or certain uncontested suits affecting the parent-child relationship.
- In limited estate planning and probate matters, such as completing and filing forms.
- In certain aspects of consumer debt cases.
The proposed rule sets requirements for eligibility to become a legal paraprofessional and creates a process of application, examination and licensure.
The rule also sets out a code of ethics that paraprofessionals would be required to follow and sets procedures for sanctioning and disciplining paraprofessionals that are much the same as the lawyer disciplinary process.
Court-Access Assistants
In contrast to legal paraprofessionals, court-access assistants would be required to be sponsored by an approved legal assistance organization, such as a legal services organization or a law school clinic, and would have to work under a lawyer’s supervision.
Under the proposal, these assistants would be able to provide legal services in civil justice courts in such areas as:
- Providing information about court rules, court terminology, and court procedure, including how to initiate, advance, and finalize a suit and compliance with local procedures.
- Directing to legal resources, forms, and referrals.
- Encouraging litigants to consult a lawyer.
- Offering educational classes and informational materials.
- Recording on forms verbatim.
- Reviewing forms and other documents for completeness and, if incomplete, stating why the form or document is incomplete.
- Explaining how to navigate a courthouse, including providing information about security requirements and directional information and explaining how to obtain access to a suit file or request an interpreter.
For these assistants, the sponsoring legal services organization would be required to maintain their training and oversee their conduct, and to notify the State Bar of any issues in those regards.
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