Erin Palmer, Associate Director, Corporate Pro Bono
In a significant development aimed at closing the access to justice gap, DC Courts are considering proposals to allow trained nonlawyers to provide legal assistance to residents facing civil legal challenges. This initiative aligns with similar efforts in multiple states, including Texas, where licensing of paraprofessionals and court-access assistants is being pursued as a means to better serve low-income individuals.
Unlocking Legal Access
A staggering 75-97% of people involved in certain civil cases in DC do not have legal representation, often due to high costs or a lack of available resources. Thousands of residents struggle to navigate complex court and administrative systems without legal advice or assistance. Many find themselves unable to afford a lawyer, and there is a significant shortage of free or low-cost legal help available.
Currently, only licensed attorneys are permitted to provide legal advice and representation in DC. The DC courts are considering several structures to potentially utilize trained individuals—such as social workers and tenant advocates—to help community members with specific civil legal issues, including evictions, domestic violence protection, child custody, and access to public benefits. This effort aims to address the urgent need for legal support in the local community.
Exploring Innovative Solutions: DC’s Civil Legal Regulatory Reform Task Force
The DC Courts established the Civil Legal Regulatory Reform Task Force in July 2023 to explore allowing nonlawyers who have sufficient qualifications and training to provide certain kinds of legal help in civil cases. The Task Force’s work includes evaluating similar efforts in other states, identifying successes and best practices, as well as gathering input from the legal community and relevant stakeholders.
The Task Force is exploring several potential solutions to expand access to justice using qualified nonlawyers:
- Licensed Paraprofessionals/Practitioners (independent legal advice): One proposal would permit licensed paraprofessionals and practitioners to provide legal advice and representation independently, focusing on areas with the greatest unmet needs, such as housing, family law, estate and probate matters, unemployment, and public benefits. As proposed by a working group of the D.C. Bar, these providers would be authorized to perform tasks like completing legal forms, interviewing clients, negotiating on their behalf, and advocating in mediated negotiations, as well as explaining possible legal rights and options. To ensure quality and accountability, individuals offering these services would need to meet specific qualifications, including educational background, character and fitness assessments, and testing on legal ethics and relevant law.
- Community Justice Workers (supervised assistance): Another proposal would permit nonlawyers to provide legal help under the supervision of licensed attorneys. This model, akin to Alaska’s Community Justice Workers, would allow trained individuals already active in their local communities to assist clients while operating within a legal services framework. This approach could leverage the expertise of attorneys while increasing the number of available support professionals in the community.
- Court-Authorized Program: Under this model, nonlawyers could provide legal advice and representation as part of a structured program endorsed by the courts, as allowed under D.C. App. R. 49(c)(10). This approach would encourage submission of proposals that could creatively address the pressing demand for legal assistance.
The Broader Landscape: Insights from Texas
Texas is making strides in this area, as well, as discussed in a recent PBEye blog post, “Reimagining Legal Services: How Texas is Tackling the Access to Justice Crisis.” The Supreme Court of Texas has initiated a process to explore licensing paraprofessionals and court-access assistants. If implemented, the program would permit licensed paraprofessionals to provide representation in small claims matters in Texas, as well as family law, probate and estate planning, and consumer debt matters. Licensed court-access assistants would be permitted to provide legal representation and services to self-represented litigants in small claims matters with sponsorship from an approved legal services organization. This innovative approach offers valuable context for DC as it seeks to expand access to justice through nonlawyer providers.
Share Your Perspectives on DC’s Proposals
As the conversation around allowing trained nonlawyers to provide legal assistance continues to evolve, it will be crucial for community members and professionals to stay informed and weigh in to help shape a more inclusive legal landscape that addresses the needs of underserved populations. In DC in particular, the Civil Legal Regulatory Reform Task Force is seeking input from service professionals and community members. There are two primary ways to get involved:
- Surveys for Legal/Social Service Professionals and Community Members: There is an online survey for legal and social service professionals, as well as an online survey for community members. Both surveys close on October 11. Your feedback is essential to understanding the needs and opinions of those affected by the proposed changes.
- Focus Groups for Social Service Providers: You can participate in focus groups for social service providers on October 16 at 1:00 p.m. (register here) and October 21 at 11:00 a.m. (register here). These sessions will take place via Zoom and are designed for those who were unable to attend earlier discussions. You will have the opportunity to discuss the proposals in detail and provide insights into how nonlawyer assistance could be beneficial. The focus groups will also include tips and resources for helping individuals access legal support.
These outreach efforts seek to ensure that the voices of District residents are heard and that solutions are tailored to the community’s needs. The feedback gathered through these surveys and focus groups is crucial for shaping the future of legal assistance in DC.
Stay Informed
The potential to allow trained nonlawyers to provide legal help represents a promising step toward making legal services more accessible in DC. PBI will actively monitor this issue across the country, sharing information and insights as the conversation evolves. It is essential for community members and professionals to engage in this dialogue and advocate for a more inclusive legal landscape.
Summary of Common Differences between Lawyers and Nonlawyer Legal Service Providers
Lawyers | Licensed Paraprofessionals | Community Justice Workers | Court Navigators | |
Who They Are | Licensed professionals who practice law. | Paraprofessionals who are licensed to deliver specified legal services in accordance with applicable regulations. | Nonlawyer members of a community who are trusted to deliver specified legal services to community members. | Nonlawyers who help self-represented litigants with legal forms, information, and court processes. |
Qualifications | Advanced degree (J.D.), Bar exam passage, and license to practice law. | Varies by state, but may include a degree or certificate, a license, and/or practical law-related training and experience. | No legal experience needed, topic-specific training provided on ethics, procedure, and/or applicable substantive law. | No legal experience needed, topic-specific training provided. |
Primary Occupation | Lawyer employed by law firm or other organization. | Legal paraprofessional/ paralegal employed by law firm or other organization. |
Employed elsewhere in a non-legal role including, for example, social work, healthcare, or education, operating as a community justice worker, often expanding on non-legal services they’re already providing. | May be employed by a court or organization or may provide services on a voluntary basis, typically through a court or organization. |
Supervision | Oversight provided by courts and licensing boards. | Oversight provided by lawyers and by licensing boards in jurisdictions where they are licensed. | Oversight provided by local legal services organizations. | Oversight provided by court or organization in which they are providing services. |
Common Practice Areas | All | Consumer Debt Domestic Violence Estate Planning Family Law Housing Probate SNAP Benefits Veterans’ Benefits |
Consumer Debt Domestic Violence FEMA Applications Housing Indian Child Welfare Act Medical Debt SNAP Benefits Unemployment Benefits |
Civil Matters Generally Consumer Debt Domestic Violence Elder Abuse Family Law Housing Probate Small Claims |
Who They Serve | Paying clients, may also provide assistance on a pro bono basis to those who cannot afford a lawyer. | Paying clients as part of a leveraged legal team, may also provide assistance on a pro bono or reduced fee basis to those who cannot afford a lawyer. |
Low-income individuals who cannot afford a lawyer and generally are not otherwise accessing legal services.
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Low-income individuals who cannot afford a lawyer and generally are not otherwise accessing legal services. |
Chart prepared by Riley Kelly, PBI Intern