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Rule change to allow paraprofessionals to offer limited legal services proposed by top Texas court

By Debra Cassens Weiss

August 7, 2024, 10:19 am CDT

The Texas Supreme Court is seeking comment on a proposal that would allow qualified nonlawyers to provide some legal services to low-income Texans.

The proposals are intended to help bridge the access-to-justice gap in which people who qualify for legal assistance are unable to get help for their civil legal needs because of resource and staffing shortages, according to an Aug. 6 press release.

The proposed changes would allow licensed paraprofessionals to provide representation to low-income Texans facing certain problems in the areas of family law, estate and probate law, and consumer debt law, according to the press release and a Texas Supreme Court order.

The rule changes would also allow licensed paraprofessionals and licensed court-access assistants to represent low-income people in justice court, which handles small claims. The court assistants would have to be sponsored by approved legal-assistance groups.

The proposal lists specific services that could be offered by licensed legal paraprofessionals without a lawyer’s supervision.

In uncontested divorces that don’t involve children or complex property issues, for example, licensed paraprofessionals could advise clients on filling out approved forms; prepare affidavits in support of temporary orders and divorce decrees; and communicate with the court, unrepresented opposing parties or the parties’ legal representatives.

The paraprofessionals may not, however, prepare a qualified domestic relations order for the division of retirement funds unless they get lawyer review. They would also need lawyer supervision when providing limited legal services in uncontested lawsuits for protection or uncontested divorces involving children.

Applicants seeking licenses as legal paraprofessionals from the state bar must successfully complete an ethics exam and an exam in each subject matter for which they seek a license. To be eligible to take the exam, they would have meet at least one of three criteria: to be a certified paralegal in the subject matter, to have worked as a Texas paralegal dedicating half their time to the subject matter for three of five years, or to have completed training in the subject matter.

Applicants wouldn’t have to pass the subject-matter exam, however, if they get a certain minimum score on the Texas State Bar exam, if they pass another exam testing competency, or if they qualify for another exemption that is set by the state bar.

Applicants would also have to show good moral character and fitness and to abide by an ethics code.

The proposed rules are the culmination of a nearly two-year process that began when the Texas Supreme Court asked the Texas Access to Justice Commission to consider paraprofessional proposals. A working group made licensing recommendations in December 2023 that were adopted by the commission.

Comments are due by Nov. 1. The proposals, which could be changed as a result of the comments, are expected take effect Dec. 1.