These North Carolina Paralegals Are Suing For The (Limited) Right To Practice Law

// There are two main hurdles for the average person getting legal assistance: not only is it complicated, but it tends to be expensive! The first prong is inherent to the field, but an easy solution to the latter prong could be getting help from the professionals who often work at lawyers’ sides: paralegals! And as seemingly easy as an answer to the problem this is, there’s a clear reason why this isn’t the correct answer (at least not right now): laws that prevent the unauthorized practice of law can be hell to anybody trying to keep their job. This suit aims to change that restriction. From Law and Crime:

Two North Carolina paralegals have filed a federal lawsuit claiming that the state’s prohibition of the unauthorized practice of law violates the First Amendment, and asking the court to allow them to step in and ameliorate the state’s “legal deserts” by offering services at a cheaper price than expensive lawyers would.

googletag.cmd.push( function() { // Display ad. googletag.display( "div-id-for-top-300x250" ); });

Now, before you get on your soapbox about how paralegals and AI will make it so proper lawyers will be out of a job, you should know that these paralegals aren’t fighting for the right to hang a shingle or anything:

Sponsored Introducing Lexis® Create – enhanced with Lexis+ AI The only fully integrated legal drafting solution. Lexis Create integrates Practical Guidance, Market Standards, Shepard's, AI-Powered Clause Intelligence, recommendations, and collaboration into drafting. From LexisNexis  

The plaintiffs filed a complaint in federal court in North Carolina that said the state courts give unrepresented litigants online forms for summary ejectments, absolute divorces, and protective orders — forms that are “not complicated,” but that “can still be confusing.”

I was on board with this before we even got to the free speech component of the suit. It isn’t like this is dangerous — you can give a guy a gun and qualified immunity after a few months of training but paralegals helping someone with a restraining order is where we draw the line? Come on, now.

googletag.cmd.push( function() { // Display ad. googletag.display( "div-id-for-middle-300x250" ); }); googletag.cmd.push( function() { // Display ad. googletag.display( "div-id-for-storycontent-440x100" ); }); googletag.cmd.push( function() { // Display ad. googletag.display( "div-id-for-in-story-youtube-1x1" ); });

The free speech bit is interesting too. Plaintiffs argue that giving legal advice is protected speech and that the relevant question for the statute should be if the government has a compelling government interest in restricting the speech of paralegals — which could be a hard threshold to meet once you realize how vastly underserved North Carolina’s low-income families are.

Paralegals Want To Provide ‘Simple Legal Advice’ Without Getting A Law License: Lawsuit [LawandCrime]

Sponsored Sponsored How Generative AI Is Disrupting Law Firm Billing Practices Amid legal landscape shifts, billing practices remain vital. With generative AI enabling faster, more efficient work, some law firms may adjust billing models accordingly. From LexisNexis   Sponsored The Smartfirm Playbook - Thriving In Today’s Legal Landscape Strategically using software and automation to boost efficiency and streamline operations, allowing for a laser-focus on practicing law. From Lawmatics   Sponsored Introducing Lexis® Create – enhanced with Lexis+ AI The only fully integrated legal drafting solution. Lexis Create integrates Practical Guidance, Market Standards, Shepard's, AI-Powered Clause Intelligence, recommendations, and collaboration into drafting. From LexisNexis   Sponsored How Generative AI Is Disrupting Law Firm Billing Practices Amid legal landscape shifts, billing practices remain vital. With generative AI enabling faster, more efficient work, some law firms may adjust billing models accordingly. From LexisNexis  

Chris Williams became a social media manager and assistant editor for Above the Law in June 2021. Prior to joining the staff, he moonlighted as a minor Memelord™ in the Facebook group Law School Memes for Edgy T14s.  He endured Missouri long enough to graduate from Washington University in St. Louis School of Law. He is a former boatbuilder who cannot swim, a published author on critical race theory, philosophy, and humor, and has a love for cycling that occasionally annoys his peers. You can reach him by email at [email protected] and by tweet at @WritesForRent.

googletag.cmd.push( function() { // Display ad. googletag.display( "div-id-for-bottom-300x250" ); }); Sponsored Sponsored How to Achieve Quicker, More Valuable Case Settlements with Minimal Effort: A Guide for Personal Injury Lawyers We’re pleased to share the “Top 5 Things Carriers Are Looking for in Demands” — a guide authored by a lawyer with deep experience on… From EvenUp and Above The Law   Sponsored InterAction+ Brings Power Of CRM Software To Law Firms Of All Sizes The only legal CRM with exclusive content from LexisNexis®. From LexisNexis® InterAction+™   Topics

Courts, North Carolina, Paralegals, Unauthorized Practice Of Law (UPL)