The Supreme Court of Texas has given preliminary approval to rules allowing licensed legal paraprofessionals and court-access assistants to provide legal services in certain conditions. According to the court order, these measures aim to bridge the “justice gap,” particularly for low-income individuals. Chief among the rule changes are amendments to the State Bar Rules and Texas Rules of Civil Procedure, designed by the Texas Access to Justice Commission’s Working Group on Access to Legal Services for Low-Income Texans.
Legal paraprofessionals, under the proposed rules, could provide limited legal services without lawyer supervision in situations such as civil matters in justice courts, uncontested divorces, family law matters, limited estate planning, and certain consumer debt cases. They would need to meet specific eligibility requirements, undergo an application process, and adhere to a code of ethics. The disciplinary process for paraprofessionals would mirror that for lawyers.
Conversely, court-access assistants must be sponsored by approved legal assistance organizations and work under a lawyer’s supervision. Their duties would include offering procedural information, directing clients to resources, recording forms verbatim, and assisting with courthouse navigation. These initiatives are expected to significantly enhance access to justice for low-income Texans.
The Texas Supreme Court has invited public comments on these proposed amendments until November 1, 2023, after which final rules will be issued. More information on this preliminary approval can be found here.