Download This PaperWhy State Courts Should Authorize Nonlawyers to Practice Law
37 Pages Posted: 8 Nov 2022 Last revised: 1 Mar 2023
Date Written: November 7, 2022
Abstract
Many legal scholars question the UPL laws’ utility, regarding them as an overly restrictive, protectionist impediment to low-income individuals’ ability to secure necessary help with their legal problems. Deborah Rhode led the charge, beginning with a 1976 empirical study co-authored as a law student, and continuing throughout her academic career. This essay, dedicated to Deborah’s memory, offers another critique of the UPL restrictions. It begins with two stories, separated by a half century, illustrating how, but for UPL laws, nonlawyers might help low-income individuals with civil legal problems. It then questions the comparison between legal and medical practice that has bolstered courts’ defense of UPL laws, and it argues that developments in the medical field weigh in favor of liberalizing UPL enforcement. While there are many unknowns, this essay concludes, courts should experiment by authorizing paralegals and members of other professions to provide various types of legal assistance.
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