Family Law Legal Service Providers: Consultation Paper

Transcription

1 Family Law Legal Service Prviders: Cnsultatin Paper Alternate Legal Service Prvider Wrking Grup Miriam Kresiv QC, Chair Nancy Merrill QC Craig Ferris QC Jeff Campbell QC Lisa Hamiltn QC September 2018

2 I. Purpse f the Cnsultatin 1. T imprve access t legal services, the Benchers have reslved t seek amendments t the Legal Prfessin Act t permit the Law Sciety t create categries f members wh are nt lawyers and t permit them t prvide sme legal services directly t clients as regulated alternate legal service prviders 1. At the beginning f this year, the Alternate Legal Service Prviders Wrking Grup (the Wrking Grup ) was created t develp plicy recmmendatins fr cnsideratin by the Benchers in cnnectin with this initiative. 2. This cnsultatin paper has been prepared t describe a prpsed scpe f practice fr this new categry f members, which is attached as Schedule A t this paper. This draft has been prepared n the basis f plicy wrk undertaken by the Law Sciety in cnnectin with its study f issues relating t unmet and underserved needs fr access t justice in British Clumbia and has been refined as a result f discussin within the Alternate Legal Service Prviders Wrking Grup and as a result f sme preliminary cnsultatin with small grups f stakehlders in relatin t an earlier draft. 3. The Law Sciety f British Clumbia seeks input frm the public, lawyers, the judiciary, and justice system stakehlders regarding the prpsals cntained in this cnsultatin paper and in particular as reflected in Schedule A. The purpse f the cnsultatin is t prvide the Benchers with input that can be refined t ensure the end prduct advances the bject f imprving access t affrdable, cmpetently delivered legal services in an area f need, while maintaining public interest in the administratin f justice. 4. When reviewing the cntent f this paper, it is imprtant t keep in mind that the prpsed new categry f legal prfessinal cntemplated in this initiative will, befre btaining a licence t practise law, first have t successfully cmplete an educatin and training prgram apprved by the Law Sciety, and tailred t ensure the prvider is able t prvide legal services within the scpe f the limited licence in a cmpetent and prfessinal manner. This new class f legal service prfessinal will be highly trained, and will be subject t a cde f prfessinal and ethical cnduct, insured, and regulated by the Law Sciety. 5. The cncepts advanced in the scpe f practice prpsed in Schedule A are nt cnclusins. They have been prepared t fcus discussin. The Wrking Grup will 1 N final decisin has been made n the name fr these service prviders. DM

3 analyze the feedback it receives and, based n its analysis, further refine its thinking in rder t present a series f recmmendatins t the Benchers. II. Backgrund t the Initiative 6. The fundatin f the Law Sciety s plicy decisin t seek amendments t the Legal Prfessin Act t permit the creatin f new categries f members t prvide limited legal services directly t clients has develped ver the last decade thrugh the wrk f varius cmmittees and task frces, including the Futures Cmmittee, the Access t Justice Cmmittee, the Delivery f Legal Services Task Frce, the Legal Service Prviders Task Frce and the Legal Services Regulatry Framewrk Task Frce. Where these grups have written reprts, the reprts are available thrugh the Law Sciety The existing marketplace fr legal services limits the ability f many t access lawyers services. Research indicates that perhaps nly 15% f thse facing a legal prblem seek the advice f a lawyer in reslving it. As many as 70% f thse facing a prblem seek n help at all. Peple ften identify cst as the main reasn they d nt seek legal assistance when facing a legal prblem. Other reasns have been identified as well, including inability t recgnize a prblem as having a legal aspect, nt viewing the legal prblem as warranting the help f a lawyer, wanting t slve matters withut assistance, and mistrust f lawyers (t name a few). Hwever, it is clear that a large unmet need fr legal services exists because many peple are unable r unwilling t pay the market rate fr lawyers services. Accepting that it is in the public interest fr peple t be able t access legal advice and services when facing a legal prblem, this result is incnsistent with the Law Sciety s bjects and duty set ut in s. 3 f the Legal Prfessin Act. Creating ptins fr the prvisin f legal services at a lwer cst aims at reaching at least a prtin f thse wh are currently seeking n advice at all. 8. In 2014 the Legal Services Regulatry Framewrk Task Frce made a series f recmmendatins that the Benchers unanimusly accepted t permit the Law Sciety t seek a legislative amendment enabling the Law Sciety t create new categries f members, ther than lawyers, t prvide sme legal services. At the time, the Benchers accepted that there were seven areas f practice 3 in which the public wuld benefit frm greater access t legal services. 2 See 3 They identified Family law, Emplyment law, Debtr/creditr law, Advcacy befre administrative tribunals, Advcacy in small claims curt, Traffic curt matters, Acting as advisr r cunsel at mediatins and arbitratins. 3

4 9. In anticipatin f the pssibility f btaining the legislative amendments, the Law Sciety has chsen t fcus first n the area f practice where evidence suggests the public culd mst benefit frm greater access t legal services: family law. 10. Family law has been identified as a gd starting pint given that legal needs surveys have frequently identified this area f the law as ne in which there is a sizable segment f the ppulatin wh have truble accessing legal services. Curt statistics als shw a high incidence f self-represented litigants in family law. Difficulties accessing services in an area f law that can be cmplex and ften highly adversarial can result in pr utcmes fr individuals seeking a reslutin t their legal issues. 11. British Clumbia is nt the nly jurisdictin undertaking this examinatin. Bth Washingtn State and Utah have recently created regimes that permit alternatives t a lawyer fr sme family law services. In Canada, Ontari, which has had licensed paralegals fr ver a decade, is nw examining what scpe f practice paralegals shuld be given in family law matters. 12. The Law Sciety has nt identified family law as the area f fcus because it is easy. In fact, in many respects, it is ne f the mre difficult areas f law t practice cmpetently. Nr did the Law Sciety identify family law ut f a belief that lawyers wh practice family law are failing the clients they serve. British Clumbians wh can affrd t retain a family law lawyer ften benefit frm the services f highly skilled, prfessinal and knwledgeable practitiners. If all British Clumbians culd access this help, it wuld nt be necessary fr the Law Sciety t undertake this wrk. Hwever, we knw frm practical experience, research, and curts that year-ver-year see a rise in self-represented litigants, that this is nt the case. III. Objective f Creating a New Class f Legal Prfessinals 13. Fr the reasns discussed abve, the Wrking Grup is lking t identify a scpe f practice fr the prvisin f family law services by a new grup f legal service prviders wh are credentialed and licensed by the Law Sciety that will meet the needs f underserved segments f the ppulatin. The expectatin is that the initiative will imprve the ability fr thse whse legal needs are nt currently being met because they are nt able t affrd the service. The initiative aims t increase access t services by creating a grup f legal prfessinals wh, while trained and credentialed, will have lwer csts f entry t the prfessin and will therefre be able t charge less than a lawyer wuld charge. DM

5 IV. Develping a Framewrk fr Scpe f Practice fr British Clumbia 14. The Wrking Grup has grappled with the questin f hw brad r hw narrw shuld the scpe f practice be fr regulated family law legal service prviders in British Clumbia. It has wrestled with questins such as Hw shuld that framewrk be drafted t meet the needs fr unmet and underserved legal services in this prvince? and What is the right scpe f practice fr which service prviders can be trained at a lwer cst and still prvide useful services t meet unmet r underserved needs? 15. At paragraph 96 f its 2014 reprt, the Legal Services Regulatry Framewrk Task Frce recmmended a brad apprach t hw services shuld be prvided by alternative legal service prviders: The new scpe f legal service prviders shuld be able t practice law (as that term is defined in the Legal Prfessin Act) within the limited scpe that is identified. They shuld be permitted t prvide legal infrmatin and advice, assist in drafting, filling ut frms, caching, interpreting substantive and prcedural law, and, with sme limitatins, be permitted t prvide advcacy services althugh it als nted at paragraph 118 that: sme legal matters might justify a reservatin f practice t lawyers such as cmplex matters f substantive r prcedural law, r where there is a significant risk f harm t the client 16. Schedule A t this paper is a draft Prpsed Framewrk fr a scpe f practice fr family law legal service prfessinals. Schedule A is nt a final prpsal. It is prepared fr the purpse f this cnsultatin t prvide a fcus pint, as it is bvius that the scpe f practice f the new prfessinals cntemplated by the Law Sciety s initiative will be a key element in the success f this initiative. V. Educatin and Training 17. The new class f legal service prfessinals will be fully trained and regulated. The Law Sciety will establish the qualificatin prcess. After defining and apprving the scpe f practice, the Law Sciety will have t cnsult with educatin prfessinals, clleges and universities regarding the develpment f an educatin prgram, and cnsider internally the extent t which ur PLTC prgram might be applicable t the training f these prfessinals. Hwever, we anticipate that the training will include the fllwing cncepts: 5

6 a. Fundamentals f family law; b. Effective interviewing skills, triage intake and assessment; c. Dealing with families in crisis; d. Screening fr family vilence and pwer imbalances; e. Cultural cmpetency training; f. Effective advcacy, negtiatin and settlement skills; g. Legal research and writing; h. Understanding frms, applicatins and prcedure in the family law cntext; i. Divisin f prperty and ther interests; j. Assessing the financial cnditins f the parties; k. Understanding child supprt and welfare; l. Legal prceedings in bth adversarial and alternative dispute reslutin frums; m. Management f trust accunts; n. Ethics, prfessinal respnsibility and giving and receiving undertakings;. Enfrcing curt rders; p. Business and practice management fundamentals; q. Identifying when t get a lawyer invlved and/r referring a client fr independent legal advice; r. Dealing with unrepresented parties. 18. The deeper details f the educatin and credentialing will invlve ensuring these new legal prfessinals are prperly trained t prvide the services they are licensed t prvide, and t understand the brader issues in rder t identify circumstances where they will be required t advise the client t see a lawyer as the matter invlves issues that fall utside the permitted scpe f the license. As the educatin prgram is develped there will be further pprtunity t prvide feedback t the Law Sciety. DM

7 VI. Examples frm Other Jurisdictins 19. As nted, ther jurisdictins have begun, r are cnsidering, qualifying alternate legal service prviders t prvide certain family law legal services. They are set ut in Schedule B t this Cnsultatin Paper fr cmparisn purpses. VII. What We Are Seeking Frm Yu 20. We are seeking yur views n what shuld be the permitted scpe f practice fr alternate family law legal prfessinals. In frmulating yur feedback it is imprtant t keep in mind that the bject is t imprve access t legal services. In practical terms, this requires the legal prfessinals t have a sufficient scpe f practice t be ecnmically viable as a career. It is als critical t understand that when the Law Sciety apprves the scpe f practice, it will cnstruct educatin, skills training and regulatry requirements that ensures the legal prfessinals are prperly trained and regulated. Keep in mind as well that what is attached in Schedule A has been prepared fr the purpse f the cnsultatin, nt as a final recmmendatin. 21. Withut limiting the cntent f written submissins, we wuld particularly be interested in yur views n the fllwing: What d yu like r dislike abut the framewrk utlined in Schedule A? Is the framewrk likely t achieve the desired utcmes? If nt, hw might it be mdified t achieve the utcmes? Des the framewrk miss any types f legal services that yu cnsider shuld be included? Des the framewrk include any legal services yu think shuld be excluded? Shuld the service prviders be fficers f the curt? Is there a brader pssible scpe f practice, nt cntained in the framewrk that is apprpriate fr alternate legal prfessinals wh are engaged in cllabrative r nn-adversarial prcesses? What services cntained in the framewrk are the mst cmplex and fraught with risk f significant and/r enduring harm t the client (r their children) if nt perfrmed by an experienced lawyer? Hw are these risks mitigated nw where they are perfrmed by less experienced lawyers? 7

8 Shuld the prpsed new service prviders be subject t the same (r similar) prfessinal cnduct/ethical respnsibilities as lawyers? Shuld they be subject t the CBA Best Practice Guidelines fr lawyers practising family law? Are there any ther refrms t the prvisin f family law legal services that culd be addressed thrugh the use f alternate legal service prfessinals? 22. Yur input n this cnsultatin prcess is imprtant and will be appreciated. The mst useful feedback will explain why yu think smething cntained in this cnsultatin paper will r will nt wrk, and prvide practical suggestins fr hw t imprve the initiative t achieve the bject f using alternative legal service prviders t increase access t csteffective, cmpetently delivered legal services t peple wh, at present, struggle t access the services f lawyers in the area f family law. 23. The gal is t identify a scpe f practice fr family law service prviders that will cmplement the services prvided by lawyers, but that will assist a greater prprtin f the public t btain necessary legal infrmatin and advice n family law matters. DM

9 Schedule A Prpsed Framewrk fr Scpe f Practice fr Family Law Legal Service Prviders in British Clumbia All new family law legal service prviders will be members f the Law Sciety and authrized, within the scpe f permitted activity, t practice law as that term is defined in the Legal Prfessin Act except as excluded in Part 2 belw. They will be trained t standards set by the Law Sciety t ensure that they are qualified t prvide the services cntemplated in this prpsed Framewrk. The Law Sciety anticipates that this new categry f legal prfessinal will als be fully trained as dispute reslutin prfessinals as defined by the Family Law Act. 1. Family law legal service prviders will be permitted t prvide legal services relating t the fllwing matters: The prpsed new categry f legal prfessinal will be permitted t practise law in family law matters, including the preparatin f dcumentatin and prceedings and t act and advise n all areas f family law, except with regard t matters r activities specifically excluded in Part 2 belw. Within the scpe f permitted services, prfessinal family law legal service prviders wuld be permitted generally t: Establish a cntractual relatinship with a client nt represented by a lawyer r with a client wh is represented by a lawyer where the lawyer cnsents; Cnduct client interviews t understand client bjectives and btain relevant facts; Advise a client abut available legal ptins (including abut retaining a lawyer where the matter appears t be beynd the scpe f permitted activities); Take instructins t begin legal prcesses, including advising abut and deciding n which frms t use and cmpleting frms and rganizing service fr the client; Cmmunicate with anther party s representative, r with anther party where unrepresented; Advise abut the anticipated curse f legal prceedings, including where and when the client may need a lawyer t becme invlved; Attend at mediatins within scpe f permitted activities; 9

10 Act as mediatr; The Task Frce s ratinale fr including this prvisin in this cnsultatin is that nn-lawyer mediatrs are permitted already t cnduct mediatins and are required t undertake stringent training requirements. Regulated service prviders under the current prpsal shuld be permitted t cnduct mediatins. As they will be, if the initiative is apprved, members f the Law Sciety, they will be required t meet all f the training and practice requirements set fr family law mediatrs by the Law Sciety. Prepare rders within scpe f permitted activities; Shuld service prviders be allwed t draft rders? The Task Frce recgnizes that the Curt nw prepares rders where self-represented parties are befre it. Hwever, the Task Frce has tentatively cncluded that it nevertheless is advisable t permit service prviders t prepare rders. While it is nt cntemplated that the service prvider will be appearing as cunsel (see sectin 3 belw), he r she will have a representative rle. Advise abut hw agreements r curt rders may affect a client s rights and bligatins; Refer matters beynd scpe f permitted activities t a lawyer; Accept referrals within scpe f permitted activities frm a lawyer; Represent a client in settlement discussins and prepare settlement agreements and rders incrprating settlements within scpe f permitted activities; Shuld a service prvider be permitted t draft and finalize settlement agreements? The Task Frce debated this at sme length. It prpses fr the purpses f this cnsultatin that full representatin f a client shuld include finalizing settlements. The mdel cntemplated is therefre beynd that assciated with that currently existing fr nn-lawyer mediatrs wh are nt allwed t draft settlement agreements. Service prviders cntemplated in this initiative are, hwever, representing clients, and it seems cunterprductive t the access t legal services imperative t require a client, having been represented thrugh the settlement negatins by a service prvider, t then have t retain a lawyer t finalize the agreement. The service prvider will be educated and trained in preparing agreements and will be regulated fr cmpetence. DM

11 Others may have different views. What alternatives exist? Shuld a lawyer be required t vet a final agreement? Give and receive undertakings Shuld service prviders be permitted t give and receive undertakings? The Task Frce has included this prvisin because, if permitted t represent clients in settlements and at mediatins, the service prvider likely has t be able t give and receive undertakings. Educatin n the imprtance f undertakings t the legal system and the rle f undertakings in litigatin wuld have t be included, and the prpsal wuld include regulatin f cnduct relating t undertakings t the same standard as lawyers. It is wrth keeping in mind that the BC Cde already permits the giving and receiving f undertakings by paralegals wrking under the supervisin f lawyers prvided certain prcesses are fllwed. Operate a trust accunt Similarly, t be able t perfrm the services cntemplated, a service prvider will likely need t perate a trust accunt. Mrever, peratin f a trust accunt better prtects clients prviding retainers. Again, it is cntemplated that educatin n the peratin f a trust accunt will be required, and the service prvider shuld be regulated t the same standard as a lawyer in the peratin f a trust accunt, including audit. Enfrce rders. The Task Frce cnsiders that, having represented a client thrugh a prceeding t btain an rder, it wuld be cunterprductive t the initiative t require the client t then retain a lawyer t enfrce the rder. Shuld this include all rders, including thrugh t an applicatin fr cntempt? 2. The fllwing scpe f practice will be excluded frm the general prvisins utlined abve: All matters where the invlvement f third parties utside the spusal relatinship is expected t raise claims within the prceedings; 11

12 Such as, fr example, family trusts, family crpratins, partnership agreements, beneficial interest f third parties in family assets, mrtgages in favur f third parties, ther than institutinal lenders, etc. All matters with respect t children that: invlve the relcatin f a child; raise allegatins f alienatin f affectin; identify child prtectin cncerns; Matters relating t the divisin f pensins ther than benefits under the Canada Pensin Plan; All matters relating t the Hague Cnventin; Is this t limiting an exceptin? Shuld alternate service prviders be prhibited nly frm defending such an applicatin? Nte: the Wrking Grup debated at sme length whether t exclude frm scpe f practice all matters relating t allegatins f dmestic vilence, sexual abuse and substance abuse. Given that the listed allegatins are nt uncmmn, the Grup had sme cncern that including this exceptin wuld be t limiting t the initiative, and that peple wh needed the services f the new categry f service prvider wuld be excluded frm using them even thugh the nature f the services sught was therwise nt cmplicated. D yu agree r disagree? 3. Appearances in Curt Subject t the agreement f the Curts, family law legal service prviders will be permitted t appear in curt t assist a client t represent him r herself. The legal service prvider will be permitted, as described abve, t prepare curt frms, including pleadings, n behalf f the client, t prepare affidavits, and t advise and assist the client in preparing disclsure and discvery f evidence, and will be permitted t appear in curt with a client t advise the client n curt prcesses and t supprt the client s in-persn representatin, including respnding t questins frm the Curt if requested t d s by either the Curt r, with the Curt s permissin, the client. DM

13 The right f audience befre a curt is ultimately a matter fr the curt t determine. The prpsal is t begin this initiative with a McKenzie Friend -like rle, where the service prvider is able t assist the client in preparing at and appearing in curt, and advising the client during the appearance. It is nt prpsed at the utset that the service prvider will be permitted t act in a full representative capacity as cunsel in curt. 13

14 Schedule B Examples frm Other Jurisdictins Set ut belw is a survey f sme f the cnsideratins that have been given t scpe f practice in ther jurisdictins. 1. Ontari The Law Sciety f Ontari ( LSO ) has apprved, in principle, a new licence that will permit paralegals t prvide sme frm f family law legal services. The LSO s apprval f the new licence emerged shrtly after the release f Justice Annemarie Bnkal s Family Legal Services Review, 4 a reprt that was jintly cmmissined by the Attrney General f Ontari and the Law Sciety f Upper Canada (nw the LSO). 5 In her reprt, Justice Bnkal highlighted widespread access t justice deficiencies fr peple invlved in family law disputes. T enhance access, Justice Bnkal recmmended, inter alia, expanding the scpe f practice f paralegals licensed by the LSO t include the prvisin f family law services. While the LSO will ultimately establish the regime fr family law paralegals, Justice Bnkal recmmended the fllwing framewrk fr an extensive scpe f practice: The Law Sciety f Ontari shuld create a specialized licence fr paralegals t prvide specified legal services in family law; Family law paralegals shuld be permitted t wrk in the areas f: Custdy; Access; Simple child supprt cases; Restraining rders; Enfrcement; and 4 Available at 5 The Bnkal reprt has received a decidedly mixed receptin. The Law Sciety f Ontari is hwever pursuing the recmmendatins and is examining what scpe f family law-related legal services culd be permitted t paralegal licensees. DM

15 Simple and jint divrces withut prperty. Family law paralegals shuld nt be permitted t wrk in the areas f: The Cnventin n the Civil Aspects f Internatinal Child Abductin (i.e. the Hague Cnventin); Child prtectin (which was utside the scpe f Justice Bnkal s review); Prperty; Spusal supprt; Cmplex child supprt in which discretinary determinatins are necessary t arrive at an incme amunt (e.g. self-emplyment, undue hardship); and Relcatin. Within the permitted practice areas, family paralegals shuld be allwed t: Cnduct client interviews t understand the client s bjectives and t btain facts relevant t achieving thse bjectives; Perfrm the fllwing frms-related tasks: - Cmplete curt-apprved frms n the client s behalf; - Advise the client n which frm t use; - Advise the client n hw t cmplete the frm; - Sign, file and cmplete service f the frm n the client s behalf; - Obtain, explain and file any necessary supprting dcuments n the client s behalf; Select, draft, cmplete r revise, r assist in the selectin, drafting, cmpletin r revisin f, a dcument fr use in a prceeding; Determine what dcuments t serve r file in relatin t the prceeding, determine n whm t serve r file a dcument, r determine when, where r hw t serve r file a dcument; Advise the client abut the anticipated curse f prceedings by which the curt will reslve the matter; Cmmunicate with anther party r the party s representative; Represent a client in mediated negtiatins; Prepare a written settlement agreement in cnfrmity with the mediated agreement; 15

16 Represent a client in curt, ther than at trials; and Advise a client abut hw a curt rder affects the client s rights and bligatins. 2. Washingtn State In 2012 the Supreme Curt f Washingtn authrized the creatin f Limited License Legal Technicians ( LLLT s). 6 The LLLT prgram is relatively narrw. It permits LLLTs t: Infrm clients f prcedures and curse f legal prceedings; Prvide apprved and lawyer prepared self-help materials; Review and explain dcuments and exhibits frm ppsing parties; Select, cmplete, file and serve apprved and lawyer prepared frms and advise f their relevance; Advise clients f necessary dcuments and explain their relevance; and Assist clients with btaining necessary dcuments. Hwever, LLLTs may nt: Represent a client in curt, administrative r frmal dispute reslutin prceedings; Negtiate a client s legal rights; Cmmunicate a client s psitin with anther persn; r Cnvey the psitin f anther party t a client. 6 Washingtn State Supreme Curt In the Matter f the Adptin f New APR 28 Limited Practice Rule fr Limited Licence Legal Technicians Order N A -1005, Filed June 15, DM

17 3. Utah The Utah Supreme Curt recently apprved the creatin f Licensed Paralegal Practitiners ( LPPs ). The specific rules fr the scheme are still in develpment. Hwever, LPPs have been apprved in principle t practise in several areas, including family law. 7 In designing its recmmendatins, the Curt subcmmittee tried t identify the gaps in legal services and tried t find slutins t address thse gaps, recgnizing at the same time that there was little pint t permitting a paraprfessinal t prvide services in areas in which there is n demand. It chse t fcus n areas within family law in which the number f self-represented parties was very high. 8 In family law, LPPs will be able t wrk n temprary separatin, divrce, paternity, chabitant abuse, civil stalking, custdy/supprt and name changes. Within thse areas, LPPs will be authrized t prvide the fllwing services: Establish a cntractual relatinship with a client wh is nt represented by a lawyer; Cnduct client interviews t understand a client s bjectives and t btain facts relevant t achieving that bjective; Cmplete curt-apprved frms n behalf f a client; Advise abut which frms t use and hw t cmplete frms; Sign, file and cmplete service f frms; Obtain, explain and file any necessary supprting dcuments; Advise abut the anticipated curse f prceedings by which the curt will reslve the matter; Represent a client in mediated negtiatins; Prepare a written settlement agreement in cnfrmity with the mediated agreement; and 7 Supreme Curt f Utah Reprt and Recmmendatins f Supreme Curt Task Frce t Examine Limited Legal Licensing Nvember Limited%20Legal%20Licensing.pdf 8 Ibid pages

18 Advise abut hw a curt rder affects a client s rights and bligatins. 4. Arizna Arizna licenses individuals and businesses as Legal Dcument Preparers ( LDPs ). Effective July 1, 2003, all individuals and businesses preparing legal dcuments, withut the supervisin f an attrney in gd standing with the State Bar f Arizna, had t be certified pursuant t Arizna Supreme Curt Rule 31 and Arizna Cde f Judicial Administratin LDPs are certified by the Arizna Supreme Curt Bard f Legal Dcument Preparers with the purpse f preparing r prviding legal dcuments fr an individual r entity engaged in self representatin in any legal matter. LDPs d nt wrk under the supervisin f a lawyer and they can assist in Family Curt related matters such as divrce and separatin, paternity, custdy, child supprt, and parenting time. 9 The scpe f practice fr LDPs is as fllws: Can prepare r prvide legal dcuments and general legal infrmatin (but nt specific advice, pinins, r recmmendatins abut pssible legal rights, remedies, defenses, ptins, r strategies). Can prvide general factual infrmatin abut legal rights, prcedures, r ptins and prvide frms and dcuments (and arrange fr service f legal frms and dcuments). May nt sign any dcument ther than specified ntices. Cannt give legal advice, legal pinins, r prmises, and cmmunicatins are nt privileged Califrnia On September 30, 1998 the Califrnia Gvernr signed Califrnia State Senate Bill SB1418, regulating the legal dcument preparatin prfessin in the State f Califrnia, and creating a new frmal title, Legal Dcument Assistant ( LDA ). LDAs have the ability t distribute legal materials t their custmers that have been published r apprved by a lawyer. They can als prepare legal dcuments under the directin f their 9 Arizna Assciatin f Independent Paralegals, What a Certified Legal Dcument Preparer can d fr Yu, nline: AAIP < 10 Arizna Judicial Branch, Legal Dcument Preparers nline: AzCurts < Preparers>. DM

19 custmers, and file legal dcuments in the apprpriate curts. LDAs are required by law t be registered and bnded in the cunty where their principal place f business is lcated. 11 The scpe f practice fr LDAs is as fllws: Prvide general published factual infrmatin abut legal prcedures, rights, r bligatins that have been written r apprved by an attrney. File and serve legal frms and dcuments at the specific directin f a client. Cannt prvide advice, explanatin, pinin, r recmmendatin abut pssible legal rights, remedies, defenses, ptins, selectin f frms, r strategies. In rder t suggest what frms t cmplete, the legal dcument assistant must have a detailed guide, apprved by an attrney, stating exactly what frms are needed fr a particular bjective. Client must knw what frms t use r must decide n what frms t use based n an attrney-apprved guide. 12 Cannt give legal advice r represent a client in the curts n any matter, but is permitted t refer such matters t a lawyer Nevada Legal Dcument Preparatin Services were authrized by the Nevada Legislature in 2013, effective March These individuals are registered with the Nevada Secretary f State. A legal dcument preparer is allwed t: Prepare r cmplete any pleading, applicatin r ther dcument fr the client. Translate an answer t a questin psed in such a dcument. Secure any supprting dcuments, such as a birth certificate, required in cnnectin with the legal matter. 11 Califrnia Assciatin f Legal Dcument Assistants, What is CALDA? nline: CALDA < 12 ibid. 13 ibid. 14 Natinal Federatin f Paralegal Assciatins, Paralegal Regulatin by State, nline: < 19

20 Submit a cmpleted dcument n behalf f the client t a curt r administrative agency, r preparing r assisting in the preparatin f all r substantially all f a federal r state tax return r claim fr a tax refund New Yrk In 2014, New Yrk City launched the Curt Navigatr Prgram Pilt Prject. This is a vlunteer prgram t help self-represented litigants navigate thrugh the curt prcess in landlrd-tenant disputes and cnsumer debt cases at the City s Husing and Civil Curts. 16 In ttal there were three pilt prgrams launched. Curt Navigatrs can prvide general infrmatin, written materials, and ne-n-ne assistance t eligible unrepresented litigants. A Curt Navigatr has the authrity t assist litigants with keeping paperwrk in rder, in accessing interpreters and ther services, explain what t expect and what the rles f each persn is in the curtrm. Curt Navigatrs are als permitted t accmpany unrepresented litigants int the curtrm in the Brnx, New Yrk, Kings, and Queens Cunty Husing Curt and Brnx Civil Curt. While these Curt Navigatrs cannt address the curt n their wn, they are able t respnd t factual questins asked by the judge. Clrad and Maryland have implemented their wn Curt Navigatr pilt prgrams. 17 Curt Navigatrs have the fllwing scpe f practice: Can assist litigants in using cmputers lcated in the curthuse t btain infrmatin and fill ut curt frms using D It Yurself (DIY) cmputer prgrams. Can help find infrmatin abut the law and hw t find a lawyer n a website called Law Help, help persns find resurces in the curthuse, and utside the curt t assist in reslving their cases and help persns cllect and rganize dcuments needed fr their cases. Can accmpany persns during hallway negtiatins with ppsing attrneys, in cnferences with the judge r the judge's curt attrney, and respnd t a judge's r curt attrney's questins asking fr factual infrmatin n the case. 15 Nevada Secretary f State, Dcument Preparatin Services, nline: < 16 New Yrk Curts, Curt Navigatr Prgram, nline: < 17 Dug Dnvan, Baltimre Curt Expands Tenant Aid in Husing Cases, (January 4, 2018) nline: Baltimre Sun < DM

21 Cannt give legal advice r get invlved in negtiatins r settlement cnferences. Generally, curt navigatrs als d nt give ut legal infrmatin except with the apprval f the Chief Administrative Judge f the Curts. 8. Clrad A subcmmittee f the Clrad Supreme Curt Advisry Cmmittee was frmed in 2015 t examine the Washingtn State LLLT prgram. 18 Hwever, this cmmittee was later expanded and renamed the Prvider f Alternative Legal Services Subcmmittee (PALs) t study the Washingtn State Prgram, the New Yrk City Curt Navigatrs prgram, and the Law Sciety f Upper Canada paralegal prgram. 19 The recent minutes f the cmmittee indicate that Clrad has mved away frm the Washingtn State mdel, and has taken steps twards implementing the New Yrk City Curt Navigatrs prgram. 20 In 2016, the Clrad Judicial Branch psted an advertisement seeking vlunteers fr a Curt Navigatr Prgram. Accrding t an Octber 2016 psting n the Clrad Judicial Branch, vlunteer curt navigatrs began training n Nvember 15, Clrad Supreme Curt, NY pr se Prgram Pssible Mdel fr Clrad, (Spring 2016) nline: Office f Attrney Regulatin Cunsel < 19 ibid. 20 Clrad Supreme Curt, Limited License Legal Technicians Subcmmittee Minutes, nline: Office f Attrney Regulatin Cunsel <