Legal Rebels podcast on "the future of licensed paraprofessionals"

Long time readers of this blog are familiar with the trend in some jurisdictions to allow certain legal professionals who are not admitted lawyers to provide limited legal services.  A recent podcast of the ABA "legal rebels" page addressed the subject.  Its introduction reads as follows:

Much has been made of the gigantic access-to-justice gap in this country. According to a 2022 study by the Legal Services Corp., 92% of Americans do not receive any or enough help for a civil legal need. There are many reasons for this.

Lawyers can be expensive. People might not realize that they need lawyers. And let’s face it, lawyers are not the most likable or trustworthy people out there. We may not be used car salesmen or members of Congress, but we’re definitely in the neighborhood.

One possible way to help bridge the gap is to expand the pool of people eligible to practice law. Some states have experimented with licensing paralegals or paraprofessionals to handle limited legal matters. In recent years, states including Arizona, Utah, Minnesota and Oregon have started programs allowing paraprofessionals to practice limited areas of law under supervision or after many hours of training.

Of course, that raises age-old concerns about unauthorized practice of law. Those concerns have already helped derail one paraprofessional licensing program in Washington. Could they help take down some more?

In this episode the Legal Rebels Podcast, Eda Rosa talks about licensing paraprofessionals to perform legal tasks, as well as the importance of paralegals and paraprofessionals to the legal profession, with the ABA Journal’s Victor Li. She runs Eda Rosa LLC, a paralegal service and legal professional development training company and hosts the Let’s Talk Paralegal podcast.

You can listen to the full podcast here.  It is about 40 minutes long.

Rudy Giuliani is now officially disbarred in Washington DC

 In a move that was very slow in coming, but that could not possible have surprised anyone, Rudy Giuliani has been officially and permanently disbarred in Washington DC. You can read the one page decision here.  For more on the story, here are a few sources:

Courthouse News Service

Politico

The Legal Profession Blog

Law & Crime

The Hill

MSNBC

TechDirt

Above the Law has a good, short, account of how Giuliani ended up here (from his failed presidential run, to his unfulfilled hopes of joining the Trump administration, to becoming Trump's personal attorney, to his downfall, and, more than likely, upcoming bankruptcy) and explains the DC result as follows:

Yesterday, Rudy Giuliani got disbarred. Again. And in the most Rudy Giuliani way possible.

In a one-page order, the DC Court of Appeals noted that it had ordered him on July 25 “to show cause why reciprocal discipline should not be imposed” after America’s erstwhile Mayor was relieved of his license to practice law in the state of New York. Giuliani was apparently preoccupied stumbling into and out of bankruptcy and generally flopping around the federal docket like a beached orca as he desperately attempts to fend off the $148 million judgment in favor of Ruby Freeman and Shaye Moss, the Atlanta poll workers he defamed. And so Rudy just didn’t bother to respond to the show cause order.

Under local precedent, “The imposition of identical discipline when the respondent fails to object should be close to automatic, with minimum review by both the Board and this court.”

And so, not having replied to the order, the court proceeded to disbar him.   

Nevada Supreme Court Approves Plan to Develop Alternative Attorney Licensing Path

Recently, the Nevada Supreme Court approved plans to proceed with the development of an alternative pathway for attorney licensing in the state that does not include the traditional national bar exam.  Go here for the full story.

ABA Ethics in 10 Podcast on Model Rule 8.4(g)

 A few weeks ago I discovered the ABA podcast "Ethics in 10" which features 10 minutes (or so) reviews of specific concepts in Professional Responsibility.  The most recent program was a review of Model Rule 8.4(g).  Long time readers of this blog know that I have posted a lot about MR 8.4(g), and that I have expressed my doubts about its text for many reasons.  This podcast simply explains what the rule says, what its goal was when adopted and goes over its background and history.  The speaker does not go into the debate over the rule's content or its possible unconstitutionality when applied to speech. For some of that discussion, go to the section on Model Rule 8.4(g) on this blog and read the many stories and comments I have posted over the years.  

Washington State Bar proposal to allow non-lawyer owned entities to provide some legal services in the state

The Washington State Bar Association and a board created by the Washington Supreme Court have presented a proposal that, if approved by the Washington Supreme Court, would allow nonlawyer-owned entities to deliver legal services.

If the Washington Supreme Court gives its approval, nonlawyer entities could apply to offer legal services temporarily under an exemption to rules banning the unlicensed practice of law, according to a summary (here) on the Washington State Bar Association’s website.

The ABA Journal has more on the story here.

ABA Podcasts "Ethics in 10" on representing entity clients

 Every now and then, the ABA Center for Professional Responsibility releases a podcast called "Ethics in 10" in which a moderator discusses a specific Model Rule for about 10 minutes.  These podcasts provide a short basic review of the content of the rules and a short reminder of common issues that arise in their interpretation.  

The most recent instalment is on Model Rule 1.13 on representation of entity clients.  The discussion is very basic, but it is is what it is.  You can listen to the presentation here.