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What is a Licensed Paralegal Practitioner?
Law You Can Understand
LPP’s are licensed in the State of Utah to practice law without direct involvement or supervision of an attorney, only in limited areas in which they are licensed.
The scope of an LPP’s licensing is narrower than that of an attorney. LPPs can enter into a contractual relationship with their client, interview the client, review documents with the client and explain documents and orders to the client, assist their client with the preparation of court-approved forms, gather facts and information related to the completion of the forms, and sign and file the forms for the client. LPPs can also communicate with opposing counsel on behalf of their client, advocate for their client in mediation, and assist in the settlement of their client’s case, including with the completion of a settlement agreement. LPPs may not represent their client in court hearings or trials. (https://www.utcourts.gov/legal/lpp/)
[Limited] Legal Services for those who cannot afford an attorney. (Or don't want to work with one)
LPPs are not attorneys.
AREAS OF PRACTICE
Specialized in: Specific family law matters, such as temporary separation, divorce, parentage, cohabitant abuse, civil stalking, custody and support, or name change;
Debt collection matters in which the dollar amount at issue does not exceed the statutory limit for small claims cases. ($15,000)
Forcible entry and detainer /Landlord-Tenant matters - Eviction
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Legal Disclaimer
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While it’s absolutely necessary in some cases to hire a lawyer, not every legal matter requires the experience and training of a licensed attorney. New rules adopted by the Utah Supreme Court in 2018 allows licensed paralegal practitioners to practice in specific areas of law without direct involvement or supervision of an attorney.
A licensed paralegal practitioner is a mid-level legal provider that is a step up from a paralegal and a step down from a fully practicing attorney. A licensed paralegal practitioner (LPP) can do many of the things traditionally accomplished by attorneys while charging lower fees. The court created the LPP program to improve access to justice for Utah residents.
WHAT CAN AN LPP DO?
Rule 14-802 also enumerates permissible actions for LPPs within the practice areas. Under this rule, an LPP may:
- Enter into a contractual relationship with a natural person (LPPs cannot represent corporations);
- Interview a client to determine the client’s needs and goals;
- Assist a client with completing approved forms and obtaining documents to support those forms;
- Review documents of another party and explain those documents to a client;
- Inform, counsel, assist and advocate for a client in a mediated negotiation;
- Complete a settlement agreement, sign the form and serve the written settlement agreement;
- Communicate with another party or the party’s representative regarding the relevant forms and matters; and
- Explain to a client the court’s order and how it affects the client’s rights and obligations.
(LPP’s are allowed to sit with their client in court, but are not allowed to do any legal arguing)[1]
[1] Rule 14-802 of the Rules Governing the Utah State Bar
(L) standing or sitting with the client during a proceeding to provide emotional support, answering factual questions as needed that are addressed to the client by the court or opposing counsel, taking notes, and assisting the client to understand the proceeding and relevant orders.
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FAQs
What LPPs can do
Currently, LPP’s can be licensed to practice law in the areas of family law, debt collection and landlord-tenant disputes. LPPs can file court documents and serve as mediators, but they are prohibited from appearing in court, according to the Utah State Bar. An LPP can file forms, complete settlement negotiations, review court documents, and represent clients in mediation.
How Did the Utah Supreme Court and the Utah State Bar Develop the LPP Program?
The idea to create a market based solution for the unmet needs of litigants started with a task force created by the Utah Supreme Court in May 2015. The recommendations of that task force were then assigned to the LPP Steering Committee which has met frequently over the past year. The LPP Steering Committee's composition is broad, including judges from the trial and appellate courts, practitioners in each of the substantive law areas in which an LPP may practice, paralegals, representatives of colleges and universities with legal studies programs, the Dean of the University of Utah law school and a representative from BYU law school, a former state senator, a consumer protection representative, Utah State Bar staff, and several public members. The LPP Steering Committee created working groups to develop education criteria, licensing requirements and rules of professional conduct. The working groups also met frequently over the last year and involved various stakeholders who could help with each group's specific task. The LPP Steering Committee's work has been deliberative and subject to approval by the Utah Supreme Court and the Judicial Council.
Who Will Administer This New Profession?
LPPs will be officers of the court and practice law. Pursuant to authority delegated from the Utah Supreme Court, the Utah State Bar will administer all aspects of the new profession, including admissions, license renewal, and monitoring compliance with continuing legal education requirements. Bar assistance programs, such as fee arbitration and Lawyers Helping Lawyers, will be available to LPPs. At its most recent Board of Bar Commissioners meeting, the Utah State Bar formally agreed to include in its budget the cost of administering the LPP program.
Are LPPs Subject to Ethical Standards and Discipline?
Yes. The Utah Supreme Court has adopted Licensed Paralegal Practitioner Rules of Professional Conduct which provide ethical obligations for LPPs and establish Rules of LPP Discipline and Disability as well as standards for imposing discipline similar to those which govern attorneys. The Office of Professional Conduct will investigate and, if necessary, prosecute complaints against LPPs, and the rules make them subject to potential discipline.
Is There a Market for LPPs?
Yes. Utah undeniably has a need for more accessible legal representation. The Utah Bar's recent survey indicates that people are often interested in self-representation with some support from a legal practitioner. The limited scope of legal services provided by an LPP is one viable solution to this issue. It's also clear that there is a strong interest among paralegals to pursue this licensing option. In a recent survey conducted by the Utah Supreme Court's LPP Steering Committee, more than 200 paralegals expressed an interest in getting licensed as an LPP. The majority were interested in establishing an LPP practice within a law firm, while about a third were interested in starting an independent LPP firm.
How will LPPs impact lawyers?
When the LPP program was first introduced many lawyers expressed concern about losing clients to newly licensed LPPs. Over the past two years I have heard this question less frequently. The LPP profession is a market-based approach to help provide access to justice to unrepresented parties. The Task Force identified the potential LPP market as individuals who do not, for whatever reason, call upon lawyers. There are many ways the LPP profession will also benefit lawyers, including:
• LPPs will refer clients who would not otherwise call a lawyer;
• LPPs will provide a new source of revenue for law firms that hire LPPs or establish an LPP group;
• LPPs will serve markets in rural areas that are not currently viable for law firms;
• Lawyers will communicate with an LPP in lieu of an opposing pro se party; and
• Lawyers will have access to the updated court-approved LPP forms.
The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, a Licensed Paralegal Practitioner- client relationship.