First Limited Licensed Paralegal Practitioners expected to be licensed to practice limited law in Utah in 2019

Hello everyone and welcome to this Ethics Alert which will discuss the implementation of the limited license practitioners (LLP) program in Utah, which is the second such program in the United States.  The first non-lawyer licensing program was Washington’s Limited Licensed Legal Technician (LLLT) Program, which has been in place since 2015.

In 2015, the Utah Supreme Court considered a proposal to permit limited licensed paralegal practitioners (LPPs) to provide legal advice and assist clients in limited matters; however, those paralegals would not be permitted to appear in court.  The new LPPs would assist clients in completing legal forms, completing settlement agreements and representing them in mediated negotiations.

The Utah Supreme Court Task Force to Examine Limited Legal Licensing was appointed to consider rules permitting non-lawyers to provide help in specified areas of family law, eviction and debt collection.  The task force’s report recommended that LPPs have a law degree or an associate’s degree with a paralegal certificate, paralegal certification, paralegal experience and additional coursework in their practice area. The Utah State Bar would supervise the licensing and discipline.

The Utah Supreme Court Task Force’s November 18, 2015 Report and Recommendation is here: http://www.utcourts.gov/committees/limited_legal/Supreme%20Court%20Task%20Force%20to%20Examine%20Limited%20Legal%20Licensing.pdf.

The new LLP Rules were approved by the Utah Supreme Court and will take effect November 1, 2018.  The first LLPs in Utah are expected to be licensed in 2019, which will make it the second state to license non-lawyers to practice law and will allow LLPs practice without a lawyer’s supervision in three areas.

Those legal areas include:  matters involving temporary separation, divorce, parentage, cohabitant abuse, civil stalking, custody and support, and name change, matters involving forcible entry and detainer, and debt collection matters in which the dollar amount in issue does not exceed the statutory limit for small claims cases.  LLPs will not be permitted to appear in court on behalf of a client.

LPPs will be permitted to help clients choose, complete, file, and complete service of legal forms; review and explain court orders or another party’s documents; advocate for a client in a mediation; and complete settlement agreements after a negotiation.  Classes for licensed paralegal practitioners will be taught at Utah Valley University and the first licensing examinations are expected to be held in Spring 2019.

Bottom line:  Utah is the second state to permit limited licensed legal practice in the United States.  Washington has had a Limited Licensed Legal Technician (LLLT) Program in place since 2015 and California and Oregon are thinking about it:  See:  http://www.calbar.ca.gov/About-Us/Who-We-Are/Board-of-Trustees/Board-Task-Force/Limited-License-Working-Group and http://bog11.homestead.com/LegalTechTF/Jan2015/Report_22Jan2015.pdf

Be careful out there.

Disclaimer:  this Ethics Alert is not an advertisement, does not contain any legal advice, and does not create an attorney/client relationship and the comments herein should not be relied upon by anyone who reads it.

Joseph A. Corsmeier, Esquire

Law Office of Joseph A. Corsmeier, P.A.

29605 U.S. Highway 19, N., Suite 150

Clearwater, Florida 33761

Office (727) 799-1688

Fax     (727) 799-1670

jcorsmeier@jac-law.com

www.jac-law.com

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About jcorsmeier

Joseph A. Corsmeier is an “AV” rated attorney practicing in Clearwater, Florida. He concentrates his practice primarily in the areas of defense of attorney disciplinary matters before The Florida Bar, attorney admission matters before the Florida Board of Bar Examiners, and professional license and disciplinary matters before the Boards of the State of Florida. He provides expert analysis and opinion on conflict of interest and other attorney disqualification and legal malpractice issues and he testified as an expert in the Florida courts. He served as an Assistant State Attorney in the Sixth Judicial Circuit from 1986 to 1990 where he prosecuted felonies exclusively from June 1987, and as Bar Counsel for The Florida Bar’s Department of Lawyer Regulation from 1990 to 1998. He also practices in the areas of estate planning and Medicaid qualification, workers’ compensation, and labor law. Mr. Corsmeier is the author of numerous articles for various bar publications, has spoken at numerous local and statewide seminars on various topics, including ethics and professionalism, and was an instructor of legal ethics for paralegals at Rollins College until the Tampa campus closed. He received his undergraduate degree from Florida State University and his J.D. from Mercer University. He is admitted to practice in all Florida Courts, the Supreme Court of the United States, the United States Court of Appeals for the Eleventh Circuit, and the Middle District of Florida. He is a member of The Florida Bar, American Bar Association, the Association of Professional Responsibility Lawyers, and the Clearwater and St. Petersburg Bar Associations.
This entry was posted in 2018 Utah rules permit non-lawyer limited practice, non-lawyer limited practice, Uncategorized. Bookmark the permalink.

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