In August, the Supreme Court of Texas proposed new and amended rules that would allow licensed legal paraprofessionals and licensed court-access assistants to provide certain limited legal services to low-income Texans. The court order can be read here. Public comment on the rules can be made until November 1, 2024. The rules are expected to go into effect on December 1, 2024.
While many low-income individuals qualify for assistance from legal aid and volunteer attorney organizations, only a small fraction of applicants receive assistance. This is due to constraints relating to resources and staffing. As stated in the court order, "92% of low-income Americans have unmet civil legal needs."
It is the court's aspiration that licensing legal paraprofessionals to provide limited legal services to low-income individuals will narrow the justice gap and expand access to justice.
Though positive, the new ruling doesn't specify what paralegals can do or how they can do it. As such, the new ruling will need to be very specific, answering questions such as:
- What is considered "practicing law?"
- Who is going to oversee this?
- Will there be resources for paralegals once this goes into effect?
- Will the State Bar provide a hotline for ethics advice for paralegals?
These new and amended rules will greatly impact paralegals, potentially resulting in substantial changes to the attorney-paralegal relationship. Paralegals may face many experience issues at the law firms where they work if they partake in this work. Paraprofessionals will need to be trained in what they can and cannot do. They may also need to buy malpractice and general liability insurance as well as errors and omissions insurance. Further, they may need to register as an LLC in the state of Texas.
Comments regarding the new and amended rules should be submitted in writing to rulescomments@txcourts.gov by November 1, 2024. The court will issue an order finalizing the new and amended rules after the close of the comment period. The court may change the new and amended rules in response to public comments. The court expects the new and amended rules to take effect on December 1, 2024.
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