SALEM — The Oregon State Bar is seeking public input on a new proposal that would introduce a new career path for paralegals — and allow paralegals to take on more responsibilities when it comes to family and tenant/landlord law.

That public comment period will run until Feb. 18.

The bar put forth the proposal for a new program to allow paralegals to provide certain limited services to individuals — not businesses — with matters related to family law and landlord/tenant disputes, including assisting on paperwork and guidance on court procedures. According to the bar, 75% to 85% of these cases in Oregon see litigants navigating the legal system alone, even in areas such as housing, parenting time or child custody.

“To the extent that we have a two-tiered system in these areas — some with access to a lawyer and others without — this could provide some trained help for those who may otherwise be entirely on their own,” according to Kateri Walsh, spokesperson for the Oregon State Bar.

Family law courthouse facilitators already offer many of the procedures, such as help with filing and requesting correct forms. Union County court facilitator Teala Sunderman said she assists people with filling out forms related to self-represented cases, but she is unable to give specific legal advice, and her office is busy.

“I think especially in urban areas it’s probably close to unmanageable,” she said. “I am able to still provide good contact. I’m able to answer most questions, and get back to people in a reasonable amount of time. So I think we do OK here.”

Senior Judge Dan Harris is vice chair of the bar’s Paraprofessional Licensing Implementation Committee. He said paralegals can cover a gap in the legal system but they are not going to serve as attorneys.

“Divorce cases, for example, a lot of these people are going to have to go into court and ask the judge for a specific release,” he said. “The paralegals can help them fill out the forms and file the forms correctly, but they can’t appear with them in court. So at some point, it’ll have to be handed off to an attorney to handle that part of it.”

In demand

According to a survey Portland State University conducted in 2019, more than 84% of Oregonians with a civil legal problem did not receive legal help of any kind. The same survey found 84.2% of people who needed a lawyer were unable to obtain one.

Similarly, Oregon Judicial Department case count data shows between 2016 and 2021, more than 83% of all parties in landlord/tenant cases had no attorney. In dissolution cases 71% were unrepresented. In other domestic relations cases 55% were unrepresented.

“The biggest benefit will be in the area of family law because that’s where the greatest demand is,” Harris said. “Right now, we have so many people coming to the courthouse who are just doing their very best to try and fill out these forms correctly, and it just puts a huge burden on the courthouse staff to reject a form and tell them to go back and do it right.”

The responses the bar has received on the proposal through its public comment portal indicate the general consensus aligns with the PSU survey data. A number of residents support the proposition and cite the high-cost barrier of entry to legal matters as a principal cause.

The responses of those who identified as lawyers, however, were a mixed bag.

Although nearly all of the respondents acknowledged the dearth of services for lower-income residents seeking legal aid, some expressed concern that licensed paralegals acting as a lawyer would be akin to a nurse practitioner performing surgery. Others took exception with the paltry experience required to become a licensed paralegal.

Landlords took issue with the program due to concerns it would further imbalance landlord-tenant relationships and empower bad tenants to seek legal redress against law-abiding landlords. The proposal specifically cited instances where landlords could use a licensed paralegal’s services in filing notices of eviction, though the document noted this mostly would apply to landlords with a smaller portfolio of real estate assets.

“I think especially in rural areas,” Harris said, “this is going to be a real benefit.”

Washington enacted a similar program, called the limited-license legal technician program, or TripleLT. That program was discontinued due to cost constraints, with the Washington State Bar spending nearly $1.4 million to produce just 44 TripleLT paralegals. Paralegals with the license in Washington will be able to continue working under the license, and those already in the pipeline also able to finish the program. No new applications are being considered.

Arizona and Utah also have enacted similar programs include Arizona and Utah. California is set to introduce its own paralegal program. Minnesota is in the first stages of a pilot program that will run through 2023. Ontario, Canada, has had a longstanding licensed paralegal program.

Harris said making this move requires something of a kind of a leap of faith.

“There’s a huge demand for this kind of service, and based upon what we’ve seen in other states, we’re anticipating that a sizable number of qualified paralegals will want to step up and start to help out in these areas of the law,” he said. “But, you know, we really don’t know until we launch it and see how it works.”