The Supreme Court of Texas recently issued proposed rules for licensed legal paraprofessionals and court-access assistants that were scheduled to take effect December 1, 2024. Recently, the Court announced that it was delaying the expected effective date of the rules, perhaps in part due to the extensive comments and suggested revisions proposed by the State Bar of Texas. Nonetheless, while the final version of the rules remains pending, the State Bar of Texas will be the state agency responsible for regulating and licensing these professionals, as it does attorneys.
Like all licensed professionals, these legal professionals will need to follow the rules and laws that govern their professions or risk adverse effects on their license. Navigating the rules and laws related to your profession can be complex, especially when new licenses and new rules are at issue. As a result, thoroughly understanding these rules and laws is critical to avoiding disciplinary action.
An experienced professional license defense attorney at Bertolino LLP can represent your interests in any disciplinary proceedings before the State Bar of Texas. Contact legal counsel immediately when you have received a disciplinary complaint from the State Bar or any other licensing agency.
Proposed Article XV of the State Bar Rules – Licensed Legal Paraprofessionals
Proposed Article XV of the State Bar Rules defines the role of licensed legal paraprofessionals and outlines the eligibility requirements for licensure.
Eligibility Requirements
To become eligible for a legal paraprofessional license, Section 2 of the current version of Article XV states that individuals must:
- Have a high school diploma (the State Bar has recommended that this requirement be increased to an associate degree or its equivalent);
- Be at least 18 years old;
- Be authorized to work legally in the U.S.;
- Meet at least one of the following criteria:
- Be a TBLS Certified Paralegal;
- Be a Certified Paralegal through NALA;
- Be a Registered Paralegal through NFPA;
- Have completed an ABA-approved paralegal education program;
- Have completed a paralegal education program that consists of at least 15 semester credit hours, 30 quarter credit hours, or 100 clock hours of substantive legal courses;
- Have been employed as a paralegal for at least 5 years and dedicated at least 50% of the applicant’s work to substantive legal work; or
- Have a bachelor’s degree or higher;
- Meet subject-area specific requirements;
- Be of present good moral character and fitness;
- Successfully completed the legal paraprofessional examination, including ethics and subject-matter examinations, if not exempt;
- Follow Article XV; and
- Pay the appropriate application, licensing, examination, and enrollment fees.
Legal paraprofessionals can be licensed in the areas of family law, estate-planning and probate law, and consumer-debt law. Applicants must meet at least one of the following criteria for each subject matter in which they want to be licensed:
- Be a TBLS Certified Paralegal in the subject matter;
- Have been employed as a paralegal in Texas and dedicated at least 50% of the applicant’s work in 3 of the past 5 years to the subject matter; or
- Have completed training approved by the Court or the State Bar for the subject matter.
Either the Texas Board of Law Examiners (TBLE) or the State Bar will determine whether an applicant is of “good moral character and fitness” based on various factors, such as school-related discipline, criminal history, professional licenses and certifications held employment history, military service, legal and financial information, and evidence of the unauthorized practice of law.
Requirements to Provided Limited Legal Services
Generally, legal paraprofessionals can provide certain limited legal services to clients with low income by:
- Obtaining the client’s self-certification that the client has low income;
- Entering into a written engagement agreement with the client explaining that the licensed legal professional is not a lawyer and describing the limited scope of the representation; and
- Providing the client with a brochure approved by the State Bar explaining the Program and how to report concerns or potential violations.
The State Bar has suggested additions to these requirements concerning the handling of fees, client trust accounts, disposition of funds or property received on behalf of a client, and prohibitions on some types of fee arrangements.
Section 8 of the current version of Article XV also outlines various procedural requirements for legal paraprofessionals when appearing in court. Other rules in this Section include procedural steps to take when representation of a client involves more than the duties that the paraprofessional can legally provide.
Finally, under Section 11 of the current version of the rules, legal paraprofessionals must notify the State Bar of any address change in 30 days. They also must immediately notify the State Bar of any arrests or court sanctions.
Permitted Scope of Practice
Under the proposed rules, licensed legal paraprofessionals may handle civil suits in justice court without lawyer supervision, perfect appeals of judgments to the county court, and handle post-judgement collections, discovery, and receiverships.
Family Law
A legal paraprofessional may provide services in uncontested divorces that do not involve children or complex property issues without supervision by a lawyer. These services include advice on completing and filing family law forms, representation of clients in court proceedings, preparation of affidavits in support of temporary orders and divorce decrees, and communicating with the court, the opposing party, and/or their lawyer or licensed legal paraprofessional.
Legal paraprofessionals also can provide limited services under the supervision of a lawyer, including:
- Preparation of qualified domestic relations orders (QDROs) for the division of retirement funds;
- Limited services in uncontested suits for protection and suits involving the parent-child relationship, including uncontested divorces with children, so long as the Texas Department of Family and Protective Services is not involved.
Estate-Planning and Probate Law
Legal paraprofessionals may provide the following services without the supervision of a lawyer:
- Health Insurance Portability and Accountability Act release;
- Annual reports of a person in guardianship;
- Medical power of attorney;
- Declaration of guardian;
- Directive to physicians;
- Declaration for mental health treatment;
- Supported decision-making agreements;
- Statutory durable power of attorney;
- Transfer on death deed;
- Small estate affidavit; and
- Muniment of title application.
Legal paraprofessionals may also advise clients on completing and filing estate-planning and probate forms, as well as represent clients in uncontested court proceedings involving muniment of title.
Consumer Debt Law
Legal paraprofessionals may provide limited legal services without lawyer supervision in courts other than justice courts, such as advising clients on the completing and filing of consumer debt forms. They also may represent clients in uncontested court proceedings related to consumer debt.
Code of Ethics
Section 9 sets forth a Code of Ethics that legal paraprofessionals must follow. This section requires legal paraprofessionals to act competently and ethically in providing only the services allowable by law. They must exercise independent professional judgment, exhibit candor, and keep client matters confidential. Legal paraprofessionals also have a duty to avoid certain conflicts of interest and refrain from making false or misleading statements. Finally, legal paraprofessionals may not provide immigration services or receive compensation for preparing legal instruments affecting title under Texas Government Code § 83.001.
Court Sanctions and Discipline
Under proposed Section 10, a court may sanction a legal paraprofessional just like a lawyer. Complaints about these professionals go to the State Bar, which must investigate the complaint, and, if needed, conduct a hearing. The State Bar has the power to suspend or revoke the license of a legal paraprofessional. The individual has the right to appeal a license suspension or revocation to the Executive Director of the State Bar within 30 days. The appeal is then heard by the Executive Director, their designee, or a randomly selected member of the Board of Disciplinary Appeals.
The State Bar has made significant comments regarding Proposed Section 10, which could result in substantial changes to this section. The comments include proposed additions to the appeal process in the event of a license suspension or revocation.
Proposed Article XVI of the State Bar Rules – Licensed Court-Access Assistants
Proposed Article XVI of the State Bar Rules defines the role of licensed court-access assistants, as well as outlines eligibility requirements.
Eligibility Requirements
Court-access assistants must have completed approved justice court training, passed a criminal history background check, and provided a certificate of sponsorship by an approved legal assistance organization. Eligible legal assistance organizations include the following:
- A nonprofit that:
- is funded in part by the Texas Access to Justice Foundation;
- is funded in part by the Legal Services Corporation; or
- provides at least 50% of its legal services at no cost to individuals living at or below 200% of the federal poverty guidelines published annually by the U.S. Department of Health and Human Services;
- A clinic or pro bono program of a Texas law school; or
- A pro bono project or program of the State Bar or of a local or specialty bar association within Texas.
Scope of Practice
Licensed court-access assistants can provide legal services in civil justice court in subject areas in which they have training if under the supervision of a lawyer. The supervising lawyer must be available to answer questions and advise the court-access assistant, but they need not appear in person with the assistant in court. Court-access assistants also must disclose the fact that they are not lawyers and obtain the written consent of clients to represent them.
Court-access assistants may not receive payment for their services, but their sponsoring organization can compensate them for their work.
License Revocation
The State Bar may revoke the license of a licensed court-access assistant:
- For good cause and upon notice and an opportunity to be heard by the State Bar; or
- Upon the termination of sponsorship by the sponsoring approved legal assistance organization.
Sponsoring Organization Obligations
Sponsoring organizations must develop and implement policies for the supervision of court-access assistants by lawyers. They also must ensure that assistants complete at least three hours of approved continuing education per year. Finally, they must immediately notify the State Bar if it:
- Has knowledge that the licensed court-access assistant has committed conduct that raises a substantial question as to the court-access assistant’s honesty, trustworthiness, or fitness to assist clients; or
- Will no longer sponsor the licensed court-access assistant;
Finally, sponsoring organizations must annually report the number of clients served by the licensed court-access assistants under this Article and any other data requested by the State Bar.
Allow Bertolino LLP to Help You with Your Professional License
You need an experienced professional license defense attorney to assist you if you are experiencing allegations that you violated the rules or laws that govern your profession. Failing to adequately respond and handle these allegations can adversely affect your license. We recognize the high stakes involved in these proceedings and what they could mean for your career. As a result, we will work to defend you against the disciplinary proceedings you are facing. Contact Bertolino LLP today at (512) 980-3751 or visit us online.
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