A nonprofit group in North Carolina is challenging the state’s restrictions on non-lawyers providing legal advice. The lawsuit, filed by certified paralegals Morag Black Polaski and Shawana Almendarez, along with the North Carolina Justice for All Project, argues that the current prohibitions represent an unconstitutional violation of free speech and unfairly limit access to justice for those unable to afford standard attorney’s fees.
The plaintiffs are calling for a reconsideration of the state’s unauthorized practice of law rules, suggesting nonlawyers, such as trained paralegals, could provide simple legal advice to assist citizens in civil cases. Such assistance could be particularly valuable in matters like landlord-tenant disputes, certain types of divorces, protective orders, and other legal concerns.
The complaint outlines that providing this type of service would be particularly beneficial for not only those below the poverty line, but also for the ‘missing middle’ – North Carolinians who make too much to qualify for free legal assistance but not enough to afford an attorney.
According to the complaint, plaintiffs have a First Amendment right to give this type of advice, additionally, “North Carolinians they would advise have a First Amendment right to hear it.”
The lawsuit is currently under review, with a representative for the North Carolina Department of Justice commenting, ‘We are currently reviewing the complaint.’ According to the plaintiffs, about 26.5% of North Carolinians fall into the so-called ‘missing middle’ category – having moderate income but unable to access either legal aid or afford a traditional lawyer.
The issue of widening legal advice access is not confined to North Carolina. Eight other states and Washington, DC, are in the process of considering or implementing programs to license non-lawyers to provide limited legal advice.
The case is Black Polaski et al v. Stein, E.D.N.C., 7:24-cv-00004, 1/4/24.