State Bar Board Update • November 2024

Board Approves Comments on Court’s

Preliminary rules governing paraprofessionals

As the Supreme Court of Texas prepares to finalize rules allowing licensed legal paraprofessionals and court-access assistants to provide limited legal services for low-income individuals, the State Bar of Texas Board of Directors has approved a series of comments on the preliminary rules for the court’s consideration.

Meeting in Lubbock for their quarterly meeting, State Bar directors voted on September 27 to approve comments prepared by the board’s Administration Committee that seek to amend the court’s preliminary rules issued in August. Under the court’s preliminary rules, the State Bar of Texas would be responsible for regulating licensed legal paraprofessionals and court-access assistants, and the board’s comments were developed with the goals of increasing regulatory efficiency and improving public protection, said Director Elizabeth Sandoval Cantu, of Edinburg, who chairs the Administration Committee.

The court invited public comments on the preliminary rules by November 1 via email at rulescomments@txcourts.gov. The rules are expected to take effect on December 1, according to the court.

The court’s order would allow licensed paraprofessionals to represent low-income individuals facing certain issues in the areas of family law, estate planning and probate law, and consumer debt law, as well as in justice court cases. The rules also would allow licensed court-access assistants sponsored by approved legal assistance organizations to represent low-income individuals in justice court.

If the court approves the new and amended rules, Texas would join 11 other states with active programs allowing paraprofessionals to perform limited legal services in some form, according to the National Center for State Courts. At least three other states and the District of Columbia are considering such a program.

The Supreme Court is attempting to find “creative solutions” to the growing gap between the civil legal needs of low-income Texans and the resources available to meet those needs, said Justice Brett Busby, the court’s liaison to the Texas Access to Justice Commission, which studied paraprofessional licensure throughout 2023 at the court’s request. “Low-income Texans—or the vast majority of them—are not able to get help with their needs for basic civil legal services,” Busby told directors.

“Traditionally our bar has tried to address that through helping to increase funding for legal aid through appropriations and donations and also through pro bono work, which is vital. . . . But the need is nonetheless growing.”

Busby added that he believed the court would “very favorably consider” comments received from the bar along the lines of what the board adopted.

The board approved the committee’s proposed comments along with an amendment by Director Chris Wrampelmeier, of Amarillo, to recommend requiring attorney supervision when a paraprofessional prepares any order in a family law case involving the division of retirement funds, as opposed to only qualified domestic relations orders.

Among the comments approved by the board, the committee proposed:

Increasing the educational level required of paraprofessionals from a high school diploma or equivalent to an associate degree and changing the required continuing education hours from seven to 15.
Prohibiting currently disbarred attorneys from being eligible for licensure as a paraprofessional.
Designating the Texas Board of Law Examiners—which handles applications, examinations, and character and fitness assessments for attorneys—to perform the same functions for paraprofessionals.
Requiring that paraprofessionals’ engagement agreements explain clients’ rights and how the relationship can be terminated.

Other changes would add additional public safeguards by requiring paraprofessionals to follow many of the same rules as lawyers on issues such as conflicts of interest, advertising, and the handling of client funds. Read all of the board’s comments at texasbar.com/paraprofessionals.

Other highlights from the meeting appear below. To watch the meeting in full and to read the agenda and meeting materials, go to texasbar.com/board.

MCLE Regulations

The board approved the Minimum Continuing Legal Education Committee’s recommendation to change Section 2.1.2 of the Texas MCLE Regulations on accredited CLE activities to include up to three hours of credit per year for attorneys’ participation in moot court and mock trial competitions.

1415 Lavaca Project

The board approved authorizing State Bar staff to move forward with design and construction planning for the 1415 Lavaca project and approved the Building Planning Special Committee’s recommendation to select an owner’s representative for the project. Plans call for developing the property, which is adjacent to the Texas Law Center in Austin, for use as an education and conference center for Texas lawyers.

Recognitions

Above: State Bar of Texas President Steve Benesh presented Justice Judy C. Parker (top left), of the 7th Court of Appeals in Amarillo, and Lubbock attorney Roger Key (bottom right) with resolutions honoring their service to the profession. Photos by Geoffrey Hinkson.

The board approved resolutions honoring Lubbock attorney Roger Key and Justice Judy C. Parker, of the 7th Court of Appeals in Amarillo. Executive Director Trey Apffel announced Texas Bar Journal Graphic Designer David Espinosa as the recipient of the quarterly Staff Excellence Award. Apffel also recognized Deputy Executive Director Ray Cantu, who retired in October after nearly 30 years with the bar.

Looking Ahead

The next board meeting is scheduled for January 24 in Cedar Creek. If you have comments for the board, please email them to boardofdirectors@texasbar.com. To find your district directors, go to texasbar.com/board and click on “Board Members.”