The Florida Bar Board of Governors will review a proposal from the Florida Commission on Access to Civil Justice to create an advanced paralegal category that would allow paralegals to provide limited legal assistance to some clients.
The proposal aims to create an “Advanced Florida Registered Paralegal” category to the Rules Regulating the Florida Bar, Chapter 20, which defines the “Florida Registered Paralegal Program.”
According to the Florida Bar Journal, the Advanced Florida Registered Paralegals would be able to “help [litigants] fill out forms, provide general information, and assist the clients in navigating the court system,” while supervised or employed by a lawyer. However, these paralegals would still be unable to represent clients in court or advertise their services. Furthermore, they would have to disclose their status to the client.
While the Commission on Access to Civil Justice believes this new designation will help more clients receive basic legal assistance, the Family Law, Real Property, Probate and Trust Law (RPPTL), Elder Law, and Public Interest Law Bar sections have all voiced concerns.
For example, RPPTL expressed the concern that the proposal would allow Advanced Florida Registered Paralegals “to provide legal services or prepare documents which are not reviewed by an attorney.” This would contradict with Rule 4-5.3(c) of the Florida Rules of Professional Conduct, which requires lawyers to review the work product of paralegals and legal assistants. Additionally, the Bar sections all expressed worry that the proposal would increase the unlicensed practice of law in Florida.
The proposal is still in its early stages, and the Florida Bar’s Rules Committee will consider the concerns that have been raised by the various Bar sections.
Read more information about the proposal here.
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