Thursday, June 8, 2023

WSJ reports on paralegals as a solution for (rural) lawyer shortage

Here's an excerpt from Erin Mulvaney's Wall Street Journal story about how several states are considering allowing nonlawyers to provide legal advice: 
From evictions to family law, some of the most common legal issues are the ones in which it can be most difficult to find a lawyer. So states are considering potentially expanding the definition of those who can help people with their legal problems. Minnesota has a pilot program, in place since 2020, that allows paralegals to represent clients in housing and family law with attorney supervision. Minnesota’s Supreme Court recently agreed to extend it to next year. New Hampshire is also testing a similar initiative that took effect in January.

Other states have adopted programs to create a new tier of legal-service providers who aren’t attorneys but are licensed to assist people with basic everyday legal issues, including on family law, debt collections and housing. In Utah and Arizona, dozens of these professionals are already providing legal services. And this year, Colorado and Oregon are implementing similar initiatives, approved by their respective high courts.

In Alaska, the state’s Supreme Court last November approved a program that allows community justice workers to offer some legal services. Hundreds of people have volunteered to be trained.

“We have a legal system built by lawyers, for lawyers, but doesn’t provide help for everyone who needs it,” said Nikole Nelson, executive director of the Alaska Legal Services Corporation. “The tide is turning.”

* * * 

While the initiatives vary, they all share a central goal: expanding the number of professionals who can offer legal services to the people who find themselves alone in the court process. The states are still in an early period of experimentation, including on the areas in which nonlawyers should be allowed to practice and what kind of supervision is necessary for their work, said Michael Houlberg, director of special projects at the Institute for the Advancement of the American Legal System, which researches innovations in the legal industry.

Interestingly, while these attorney shortages to which use of paraprofessionals would respond are largely associated with rural places, the story uses the word "rural" only once, in the opening vignette about Judge Robert Friday, who sits in a state court in a rural area about an hour north of Duluth.   A somewhat related story about use of laypersons to alleviate justice system deficits--especially in rural places--is here.  New Mexico has also looked at this possible solution, as has Washington state, though they are not mentioned in the WSJ piece. 

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