By
David Greenspan, Pro Bono Partner, McGuireWoods
Paige Osgood, 2025 Pro Bono Summer Associate, McGuireWoods
In January 2025, the Virginia State Bar took an important step toward addressing the access to justice gap by inviting public comment on proposed amendments to Virginia’s Unauthorized Practice of Law Rules. The proposed changes, as amended, would allow non-lawyer professionals, such as court clerks, law librarians, and approved courthouse navigators or self-help center staff, to provide limited legal assistance with court-approved forms. This includes helping individuals identify, select, understand, and review legal forms for completeness. The amendment would also allow form-completion assistance for individuals who face barriers due to disability, literacy, or language. The proposal is expected to be considered at the February 2026 meeting of the Virginia State Bar Council.
The Access to Justice Gap
As in other states throughout the country, Virginians are experiencing the access to justice gap that continues to grow nationwide. The “gap” refers to the disparity between the need for legal services and the ability of individuals to obtain them. It disproportionately affects low and middle-income individuals who often find themselves priced out of the existing legal market.
- Scale of the Problem: The LSC 2022 Justice Gap Study revealed that low-income Americans do not get any or enough legal help with 92 percent of their civil legal needs. In Virginia, 39% of households live below the ALICE (Asset Limited, Income Constrained, Employed) threshold, meaning they earn too much to qualify for legal aid but not enough to afford an attorney.
- Affected Population: The Justice Gap Study found that 74 percent of low-income households experienced at least one civil legal problem in the prior year, including issues related to health care, housing, education, veterans’ benefits, and domestic violence.
- Lack of Resources: In 2022, LSC-funded organizations were forced to turn away 49 percent of requests for services due to limited resources. In Virginia, there are not enough legal aid lawyers to provide legal representation for Virginia’s low-income population, with fewer than 240 legal aid lawyers of the 32,492 lawyers active in the state.
- Geographic Disparities: The justice gap is particularly pronounced in rural areas, where there are fewer lawyers per capita and greater distances to travel to reach legal services. In these areas, the already staggering 92 percent statistic of unmet legal needs nationwide rises further to 94 percent.
- Awareness Issues: Many individuals don’t seek legal help because they don’t recognize their problems as legal issues or don’t know where to turn for assistance.
These statistics highlight the critical need for innovative solutions to bridge the justice gap. The traditional model of legal services delivery and representation, relying almost exclusively on licensed attorneys, has proven insufficient to meet the vast legal needs of low-income Americans.
Non-Lawyer Legal Services Providers: A Growing Trend
To address these issues, various jurisdictions have been exploring non-lawyer legal services provider models as part of the landscape for the delivery of legal services. There is no standard name for these individuals or their roles and responsibilities across jurisdictions, but they most commonly fall into three general categories: licensed legal paraprofessionals, community justice workers (CJWs), and court navigators. See this chart generally summarizing the differences between lawyers and these legal services providers.
Virginia’s Amended Rule
Virginia’s Unauthorized Practice of Law Rules prohibit anyone who is not a licensed attorney from practicing law in Virginia or holding themselves out as authorized or qualified to do so. However, part 3 of the Rule outlines specific exceptions that permit certain non-lawyers and foreign attorneys to engage in limited legal activities. One such exception in part 3(O) of the Rule allows court clerks to describe legal forms, explain instructions for use, and indicate which sections are required, but it prohibits them from offering legal advice, recommendations, or opinions.
The proposed amendments to part 3(O), as subsequently revised, would broaden the scope of permissible non-lawyer assistance. Under the proposed new language, individuals acting as court clerks, law librarians, and approved courthouse navigators or self-help center staff (defined as a non-court staff individual who is not part of an attorney-client relationship and who provides civil legal assistance through a formal program) would be allowed to provide additional assistance to the public. This includes helping identify, select, and complete court-approved forms; explaining terminology used in those forms; clarifying what information is needed to complete the forms; reviewing forms that have been filled out for completeness; and assisting with form completion when individuals face challenges due to disability, literacy, or language barriers.
The proposed amendments would be a helpful step forward for access to justice in Virginia, especially for individuals who cannot afford a lawyer or struggle to navigate the legal system on their own, by expanding the kind of help that non-lawyers can provide. By expanding upon these permissible services, the proposed amendments would empower those who need assistance in the places where they already know to go for help.
Paving the Way for Future Reforms
The proposed amendments are an encouraging step toward modernizing the way legal support is delivered by expanding the role of non-lawyers providing assistance to the public. By allowing court clerks, law librarians, and approved courthouse navigators and self-help center staff to offer limited legal help, the Bar acknowledges a critical truth: meaningful access to justice requires more than traditional legal models. The proposed amendments reflect a commendable shift toward inclusivity and practical problem-solving, aligning Virginia with a growing national trend to rethink legal services delivery. It affirms the idea that justice should not be a privilege reserved for those who can afford it; it should be accessible to all.
Virginia has a powerful opportunity to continue building upon its access to justice efforts. As a next step, the state could consider embracing a broader CJW model — like the groundbreaking initiative underway in Alaska and several other states. Such a program would empower trusted individuals already embedded in underserved communities to help their neighbors navigate civil legal challenges, with proper training, oversight, and accountability. ABA Resolution 605 recently called upon states to consider the adoption of such programs, and the momentum in Virginia paves the way for Virginians to answer the call.
By expanding upon its access to justice efforts, Virginia can continue to manifest the promise of a legal system that is accessible, equitable, and responsive to the needs of those it serves. To stay up to date on the developing landscape of CJWs and other non-lawyer legal services providers, subscribe to the PBEye Blog today.