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Licensed Paralegals Bring Lower-Cost Legal Services to Utahns

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Tuesday, January 18, 2022   

The cost of hiring a lawyer can be out of reach for many Utahns, creating "justice gaps" in rural areas and marginalized communities where fees are out of reach for most people.

A new type of advocate, Licensed Paralegal Professionals (LLPs), could open access to the legal system for thousands of Utahns.

Anna Carpenter, professor of law in the S.J. Quinney College Of Law at the University of Utah, said the Utah Supreme Court greenlighted the program in 2018 after an American Bar Association report found too many people were facing serious legal issues but could not afford counsel.

"The leaders on those courts, the justices, are saying, 'Wow, we're looking at the data, and we see we have this massive access-to-justice crisis. Low-income and middle-income people cannot afford legal services. We need to do something,' " Carpenter explained.

LPPs are mid-level advocates between administrative paralegals and attorneys. They handle cases involving family law, debt collection and landlord-tenant disputes and are licensed to file court documents and serve as mediators. They do not handle criminal cases or appear in court.

In addition to the cost factor, Carpenter pointed out the need for legal services in Utah is growing faster than many law firms can handle. She argued LPPs allow firms to serve more clients at a considerably lower cost.

"Somebody wants to get divorced and has a divorce with custody issues, or you get an eviction notice or your landlord is not keeping up your rental property, or you're being sued for debt, unpaid medical or credit card bills, and that has gone to court," Carpenter outlined.

Carpenter noted practitioners start out as paralegals, but return to school and become licensed by the state. She believes the small but growing number of LPPs is making a difference for Utahns.

"A lot of the LPPs that I've spoken with really are motivated, sort of in a mission-driven way," Carpenter observed. "They're interested in being able to provide lower-cost legal services. They see the need because they watch people being turned away who can't afford a lawyer's retainer or the hourly fee."

Utah was one of the first states to use paraprofessionals, but other states, including Arizona, California, New Mexico and Colorado, have added or are considering them.


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