California eyes nonlawyers to bolster legal aid

Proposed program would let legal aid groups train and supervise nonlawyers for free limited legal services

A 2019 study found 85% of Californians with legal needs got insufficient or no help

Eight states and Washington, DC already run similar programs

By Karen Sloan

- California could become the largest U.S. state to allow nonlawyers to assist low-income clients in certain legal matters, as it seeks to improve access to justice.

The California Supreme Court last week directed the State Bar of California to seek public comment on adopting a community justice worker program in which legal aid organizations would train and supervise nonlawyers to provide free limited legal services, though it did not specify what areas of law the program would cover.

“Whether they're going to a domestic violence shelter or a food bank or a healthcare clinic, if we can get [community justice workers] trained to issue spot and give brief advice under the supervision of a lawyer, we think it can do a lot of good,” said Salena Copeland, executive director of the Legal Aid Association of California.

Similar programs are already in place in eight other states, including Texas and Illinois, and the District of Columbia, though they vary in approach.

Alaska, which launched its community justice worker program in 2018, allows trained nonlawyers to help clients obtain public benefits, secure domestic violence protection orders, and defend against debt collection claims. Community justice workers in Utah help clients with medical debt issues and protective orders, while their counterparts in Delaware provide tenant advocacy.

A consortium of California legal aid groups, including the legal aid association, petitioned the California Supreme Court for a community justice worker program in December 2024. Their petition cited a 2019 state bar study that found that 55% of Californians faced at least one civil legal problem in the past year but 85% received no legal help or insufficient help.

State lawmakers in 2022 shut down a state bar proposal to allow specially trained nonlawyers called paraprofessionals to provide limited legal services in areas such as employment and consumer debt. The proposal was panned by lawyers who said it could damage the public's trust in the legal profession and put clients at risk of unqualified paraprofessionals, while advocates said it would provide access to legal services at a lower cost.

Community justice worker programs differ from legal paraprofessionals because their work is pro bono and they don’t compete directly with licensed attorneys, Copeland said. While some legal aid offices might hire community justice workers, many would already be embedded in the community through other social service organizations.

More states could follow suit if California adopts a community justice worker program, Copeland said, noting that the state is home to both urban and rural communities with varying legal needs.

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