(The Center Square) – A pilot program proposed by a commission tasked with studying Georgia’s legal regulatory environment would allow nonattorneys to perform limited legal tasks.
The Supreme Court Study Committee on Legal Regulatory Reform focused on how changes in the regulatory practices could bridge the state’s civil justice gap in non-criminal matters, according to a news release from the Supreme Court of Georgia.
Allowing nonattorneys to practice as Limited Licensed Legal Practitioners, called LLLPs in the report, has been done in other states, but the programs are relatively new, according to the report. The initial programs would be established in a rural, an urban and a mid-size community site for three years. The program could be expanded statewide after three years, the report said.
“The LLLPs would, through partnerships with trusted community organizations, provide early intervention and advice that can, at times, prevent a dispute from reaching a court,” the report said. “For example, an LLLP could provide advice to a tenant on how to address an issue with the condition of a rental home or negotiate a settlement with a creditor.”
Attorneys would provide the training for the new practitioners. Eligible candidates could be employed with a legal service provider or a community organization. The educational requirement includes anyone who has a law degree, a paralegal degree or a paralegal’s certificate. Some who meets an “experience requirement” could also be eligible, according to the report.
The commission also recommended continuing education credits for attorneys who do pro bono work for rural and low-income clients, which 24 states already allow.
“Georgia attorneys appear to have a strong desire to do pro bono work, but face barriers in finding the time and capacity to engage,” the report said. “When asked about impediments to pro bono service, Georgia attorneys most frequently pointed to a lack of time, competing family and personal obligations, lack of clarity on how much time a pro bono representation would take, and scheduling conflicts.”
Attorneys with inactive licenses could also be considered for pro bono work, according to the report.
“Inactive attorneys who participated in the committee’s survey supported the Task Force’s assertion that ‘inactive membership of the State Bar of Georgia strikes us as a vast, but as yet untapped, resource,’ showing strong interest in the possibility of engaging in pro bono if allowed,” the report said.
The committee made the recommendations in a report released Monday.
“The court is thankful for the committee’s focus and dedication on the critical issue of giving Georgians more options for accessing civil legal services while also maintaining high standards for our state’s legal practitioners,” Chief Justice Nels S.D. Peterson said. “The court will review the recommendations and determine the appropriate next steps.”
