Expanded Duties

COMMITTEE MEMBERS:

Peggi Lowden, Chair
Ann Milne
Billy Walker

CHARGE

The Expanded Duties Committee was charged with examining expanded duties that may be performed by Licensed Legal Assistants.

FINDINGS

When looking at delivery of legal services, the focus is properly placed on the client. Looking from this view, it was found that the needs for expanded legal services probably exist at most levels of the client population. That is, (1) poverty, (2) just above poverty, (3) low income, (4) middle class, and (5) industry and business in general. There is no valid dispute that legal assistants already "practice law" under the current direct supervision model, entering those grey areas of unauthorized practice of law which creates a level of discomfort for supervising attorneys and legal assistants.

There are a multitude of potentially expandable duties that are currently being performed by lawyers that could be performed competently and with excellence by licensed legal assistants under a general supervision model after licensing is implemented. Experience will lead to expansion of duties under a general supervision model.

The evolution over the past twenty-years that slowly increased the duties of legal assistants reveals that lawyers and legal assistants are innovative and ethical when making determinations as to what duties are properly performed by legal assistants in order to provide effective, efficient, and economical delivery of legal services. To attempt to set out a group of permissible expanded duties under a general supervision licensed model might be self-limiting. Perhaps, history can be our guide, with time to reveal appropriate expanded duties of licensed legal assistants after the licensing is in progress. Alternatively, the individuals involved in the Access to Justice recommendation to license legal assistants should be consulted to determine their vision for the delivery of limited legal services by legal assistants to the public.

RECOMMENDATION

It is the recommendation of this subcommittee that this area be studied again at such a time when licensed legal assistants, lawyers, and employing agencies have had some time to explore together what expanded duties are possible and practical under the individual needs of the clients. While the LAD would be happy to conduct a study to provide a ground level recommendation, a group or committee of the Bar might be an appropriate vehicle to continuously study this area. However, the Bar might be in the best position to define expanded duties. The study of expanded duties is a long, detailed process and the LAD currently lacks sufficient resources to complete such a project.