New law allows Oregon’s paralegals to help more people

Published 5:15 am Friday, May 26, 2023

Oregon’s paralegals can now obtain a license that permits them to provide legal services in certain cases, even if they haven’t passed the bar.

Gov. Tina Kotek signed Senate Bill 306 into law earlier this month, allowing paralegals to become licensed and practice law in both family and landlord-tenant cases.

Proponents say the law promises another option for legal help for the approximately 85% of Oregonians who show up to court in these cases without a lawyer, often because they can’t afford one or don’t qualify for legal aid under federal rules.

“I’m glad to see the program’s support by the Legislature and its approval by the governor,” said David Rosen, with High Desert Law in Bend and the current president-elect of the Oregon State Bar. “As the program develops, I believe it will become an asset here in Deschutes County.”

Critics voiced concerns that the law could result in paralegals providing legal opinions in complex matters they aren’t qualified to handle.

“I think it’s kind of scary,” said Tery Peters, a freelance paralegal with The Paralegal Beagle, LLC, in Bend. Peters opposed the legislation. “I don’t think it’s in the best interest of the public,” Peters said.

Previously, people had to attend law school and pass the bar to practice and provide legal opinions in these cases, which involve everything from evictions to divorce to child support. A paralegal — also called a legal assistant — can help lawyers prepare for hearings and trials and can assist with preparing court documents.

Under the new law, people can become licensed paralegals if they meet educational and experiential requirements, build a portfolio of certified work, pass a test set up by the Oregon State Bar and meet character and fitness standards. These positions will still be regulated by the bar.

“Like we have nurse practitioners for doctors, this will create a similar profession within the legal field,” said Joan Marie Michelsen, regional director for the Douglas County office for legal aid services of Oregon, and a member of the advisory committee involved with designing its rules and regulations.

Receiving legal help from licensed paralegals will be more affordable than lawyers, and people can access help even if they don’t qualify for legal aid, attorneys say. Households qualify for legal aid if their annual incomes are at or below 125% of the federal poverty guidelines.

Proponents of the new law hope it will mend statewide disparities in the access to legal services, a struggle they say has disproportionately impacted low-income and marginalized Oregonians. Many are from rural parts of the state. In these areas, people sometimes mistrust the legal system or can’t afford an attorney. In addition, the total number of lawyers is often slim, and many are already overwhelmed with cases.

“The gap in access to justice is immense,” said Rosen, who added: “Access to justice is a right, not a privilege.”

For people who opt to handle their legal matters without help, the potential downfalls can be disastrous. In landlord-tenant cases, renters could wrongly lose their homes, or a landlord could lose an eviction case. In family law, a person could unjustly lose property or parenting time.

By making it easier for people to become licensed and provide legal assistance, proponents hope that more people from diverse backgrounds will join the legal workforce and help people from underserved communities.

“You’re creating an alternative opportunity in that particular area for the right need,” said Rosen.

Peters, however, voiced concerns that the law could result in potentially unqualified paralegals providing legal opinions in cases that can be complicated and fraught with emotion. She said she’s worried that some cases, in turn, could end with a result that’s not in the client’s best interest.

“That can blow back on you,” Peters said, adding: “It opens a huge door of liability.”

Although she acknowledged that access to legal services is an issue in Oregon, she said that clients already have other options that can prove helpful, including a 30-minute legal consultation for $35 or mediators who could help resolve disputes before a matter goes to court.

But Michelsen remains hopeful that the law will be an antidote to ongoing legal disparities that she says have plagued much of the regions where she’s practiced law.

“It’s new. It’s exciting,” she said. “I’m really optimistic that it will increase access to justice throughout Oregon, but I’m especially hopeful it will impact rural Oregon because we have so much need.”