The term “nonlawyer” has become a contentious issue in the constantly evolving legal sector. Last week, two lawyers – Olga Mack, a fellow at Stanford Center for Legal Informatics, and Damien Riehl, Vice President at vLex, initiated a petition urging the American Bar Association (ABA) to cease using the term. Their initiative found support from more than 20 early advocates who called on the ABA to acknowledge the diverse roles and contributions of all legal professionals.
The petition, drafted by Mack and Riehl, and shared on LinkedIn, incited a robust discussion. According to the petition’s authors, the label ‘nonlawyer’ instills unintended hierarchical structures and negative stereotypes, thereby undermining the profession’s core principles of inclusivity and respect. They pointed out that the term implied a binary division between lawyers and others, marginalizing the indispensable contributions of legal support professionals, paralegals, and other critical roles in the legal field.
While some defend the term’s accuracy, others discerned it as negative. Bryan Garner, editor of Black’s Law Dictionary, differed from this viewpoint, suggesting that the term doesn’t possess pejorative connotations within many circles. Significant doubts exist concerning the term, particularly among people who fall under the category. As one client-support professional remarked, the term fosters an ‘us versus them’ divide.
Simultaneously, the involvement of non-attorneys in the industry is a growing topic of debate. In Utah and California, for instance, investments are now allowed into law firms by individuals who are not lawyers. Damien Riehl reasons that the term ‘nonlawyer’ is not only offensive but also overbroad and imprecise, and suggested seeking a new term to define the contributions of professionals other than lawyers in the legal services sector.
Among many others who support finding a new term is Professor David Wilkins of Harvard Law School. He believes that it’s time to relinquish the usage of the term ‘nonlawyer.’
Fulfilling this might promote not only inclusivity and respect but give a more accurate representation of the numerous professionals who play critical roles in today’s legal services delivery system. Ultimately, producing top-level legal work is a collaborative effort.
Columnist David Lat covered this story for Bloomberg Law’s US Law Week. His article can be found here.