California Independent Paralegals (Limited Legal Services)

The State Bar of California Task Force on Access Through Innovation of Legal Services (ATILS) January 8, 2020 - Recommendations Issued for Public Comment Concerning Exceptions to the Unauthorized Practice of Law, including Consideration of Concepts for Regulation.

​These are just first round if recommendations. The proposed guidelines have may revisions to come and hurdles to jump the fist of which will be published March of 2020. The ATILS Task Force is open to public comment. 

The fact that the new Independent Paralegal category will eliminate LDAs either in direct competition or via osmosis is inevitable. I rather it be the latter. It is my humble opinion that Legal Document Assistants lobby for a grandfather clause for inclusion if and when this new category takes effect.

THE RECOMMENDATIONS:
"In an effort to streamline and stay in alignment with current regulatory frameworks, the task force does not recommend developing a brand new certification program or licensing model but rather to take advantage of an existing educational program; specifically the paralegal...

This recommendation seeks to create an additional category of paralegal called an “Independent Paralegal” who would be authorized to provide [limited] legal services in a specific area or areas of practice in which they are registered without attorney supervision pending compliance with specific educational, experience, ethical and certification requirements.”

ATILS Task Force proposed guidelines are as follows:

An IP would be a paralegal who:

• may work with clients and create client attorney relationships without direct attorney supervision
• declares a specific area of legal expertise and supports that declaration through at least 3 years of attorney supervised experience working in that area. The areas of expertise open to IP practice may be informed by the Justice Gap study but should not be exclusively limited by that study.
• may provide legal advice to clients in the declared specific area of expertise
• may represent a client in court (?)

An IP would also be required to:

• Pass a background check
• Post a bond
• Maintain an increased load of MCLE credits specific to the declared area of expertise - (12) mcle units every two years - Four ethics units, and eight law related/legal units specific to their declared specialty.
• Maintain the same level of client confidentiality as an attorney

An IP must also maintain compliance with existing paralegal ethics guidelines.

​Source: 01/08/2020 B.1. Recommendations Issued for Public Comment Concerning Exceptions to the Unauthorized Practice of Law, including Consideration of Concepts for Regulation http://board.calbar.ca.gov/docs/agendaItem/Public/agendaitem1000025310.pdf