Paralegals Could Provide Legal Help to the Poor
Legal aid finds its origins in New York going back to the 1800s and later culminated in the formation of the Legal Aid Society of New York in 1890. Its purpose was to provide legal services to poor people who could not afford them.
The 1960s also saw a re-emergence of legal aid services for the poor, yet with the passage of many more laws since that time, it has created a situation today where low income people and the working poor still have no access to justice.
The New York State assembly has recently proposed Bill A08532, which would license paralegals. However, it makes little sense to license paralegals, unless they can practice law in limited areas. One of those areas could be paralegals providing legal help to the poor, thus expanding access to justice.
Many paralegals are qualified by education, training or work experience and have completed studies at one of the 1000 colleges, universities or vocational schools offering an accredited paralegal program.
In 1995, the ABA report, Nonlawyer Activity in Law Related Situations, concluded that “when adequate protections for the public are in place, nonlawyers have important roles to perform in providing affordable access to justice."
Paralegals could provide legal help to the poor by adopting an exception similar to that of an exigent circumstance used by firemen and police in urgent situations, requiring quick action.
If, for example, a low income person without a lawyer was a party to a lawsuit, a paralegal would represent them, until they could locate a lawyer willing to take the case on a pro bono basis, that absent locating such a lawyer, the paralegal would represent the person, until the lawsuit reached resolution.
The NYSA bill on paralegal licensure offers a perfect opportunity to extend access to justice by allowing paralegals to practice law in limited areas. It would not only address the dilemma of inadequate legal aid resources, but is consistent with the fundamental principles of justice.
Allowing paralegals to provide limited legal services makes total sense.
© 2012
Legal aid finds its origins in New York going back to the 1800s and later culminated in the formation of the Legal Aid Society of New York in 1890. Its purpose was to provide legal services to poor people who could not afford them.
The 1960s also saw a re-emergence of legal aid services for the poor, yet with the passage of many more laws since that time, it has created a situation today where low income people and the working poor still have no access to justice.
The New York State assembly has recently proposed Bill A08532, which would license paralegals. However, it makes little sense to license paralegals, unless they can practice law in limited areas. One of those areas could be paralegals providing legal help to the poor, thus expanding access to justice.
Many paralegals are qualified by education, training or work experience and have completed studies at one of the 1000 colleges, universities or vocational schools offering an accredited paralegal program.
In 1995, the ABA report, Nonlawyer Activity in Law Related Situations, concluded that “when adequate protections for the public are in place, nonlawyers have important roles to perform in providing affordable access to justice."
Paralegals could provide legal help to the poor by adopting an exception similar to that of an exigent circumstance used by firemen and police in urgent situations, requiring quick action.
If, for example, a low income person without a lawyer was a party to a lawsuit, a paralegal would represent them, until they could locate a lawyer willing to take the case on a pro bono basis, that absent locating such a lawyer, the paralegal would represent the person, until the lawsuit reached resolution.
The NYSA bill on paralegal licensure offers a perfect opportunity to extend access to justice by allowing paralegals to practice law in limited areas. It would not only address the dilemma of inadequate legal aid resources, but is consistent with the fundamental principles of justice.
Allowing paralegals to provide limited legal services makes total sense.
© 2012