FAQ

Register       Login

YOUR HELP NEEDED: If you find a cross-reference that does not match the rule or subsection it refers to or any apparent clerical errors, please let us know by sending a precise description to [email protected].



Message from the Chief Justice

Current Arizona Rules on Westlaw

 

Amendments from Recent Rule Agendas
 

Rule Amendments (2006 to present) 

 

Proposed Local Rules

                

 

Welcome!

 

This website allows you to electronically file and monitor court rule petitions and comments and to view existing rules of court, recent amendments of those rules, and pending rule petitions and comments. Any visitor to this site may view posts on this website, but to post a petition or comment you must register and log in. To view instructions on how to register and how to file a petition or comment, please visit our Frequently Asked Questions (FAQ) page. 

BEFORE POSTING, PLEASE READ: 

Contact Information

Please include all of your contact information when submitting a rule petition or comment.  Otherwise, your submission may be rejected and we will be unable to advise you as to why. 

     
PrevPrev Go to previous topic
NextNext Go to next topic
Last Post 02 May 2024 09:11 AM by  Thomas Johnson
R-24-0040 Petition to Amend Rule 31.3(e)(4), Rules of the Supreme Court of Arizona
 29 Replies
Sort:
You are not authorized to post a reply.
Page 2 of 2 << < 12
Author Messages
Linda Marie Brown
New Member
Posts:4 New Member

--
01 May 2024 01:33 PM
Linda Marie Brown, Esq
BLACK MOUNTAIN LAW OFFICES, PLLC
2000 W Bethany Home Rd Ste 200
Phoenix, AZ 85015
(928) 299-2296

Noted that there is no confusion on my end as to what a document preparer is and what a paraprofessional is as I agree that this request is unlike a Nurse Practitioner since the term "nurse" avoids any confusion. In this instance, the Paraprofessional is concerned they may be confused with a paralegal, while in that same vein, lawyers are concerned that the public may confuse a legal practitioner with lawyers. That said, again, is extend my strong non-support of this amendment.
Michael Houlberg
New Member
Posts:2 New Member

--
01 May 2024 04:31 PM
Michael Houlberg
Director of Special Projects
The Institute for the Advancement of the American Legal System
2060 South Gaylord Way
Denver CO, 80208
[email protected]
(303) 871-6647

Please see the attached comment supporting, in part, the proposed amendment.
Attachments
Daniella Montez
New Member
Posts:2 New Member

--
01 May 2024 05:13 PM
Daniella M. Montez
Family Law Legal Paraprofessional
19445 W. Indian School Rd., Ste. 102 #107
Litchfield Park, Arizona 85340
(623) 526-2322
[email protected]

The term paraprofessional has caused confusion with the public and even current members of the bar. Often, we are mistaken for paralegals or document preparers. I am continually questioned whether I can provide legal advice or represent an individual, and constantly have to explain the paraprofessional license and the work I am approved to perform. We are practitioners - we are qualified and approved to practice law and advocate for our clients just as an attorney, albeit with certain restrictions. We are held to the same ethical and legal standards as attorneys. The path to become a licensed legal paraprofessional is not an easy one. We are deserving of a title that recognizes the value this license serves. Our title should reflect what the Arizona Supreme Court approved us to do - PRACTICE law. The current title diminishes our role and has caused public confusion. I fully support the proposed petition.
Amber Labadie
New Member
Posts:1 New Member

--
01 May 2024 05:39 PM
Amber D. Labadie
Arizona Legal Paraprofessional (Family Law)
4500 S Lakeshore Drive, Suite 300
Tempe, Arizona 85282
(480) 598-8724
[email protected]

I am one of the first ten licensed legal paraprofessionals and practice family law. Yes, I am able to practice law. I am not a paralegal or a document preparer.

It has been more than two years since I was licensed and no one that I speak to has ever heard of a legal paraprofessional. They are completely perplexed. Even when I consult with potential clients, none of them understand the role when it has been explained to them. I explain that I am licensed by the State Bar (like an attorney) and that I can practice law, give legal advice and even appear in court but they still think I am some sort of paralegal. Everyone has heard of a nurse practitioner and most of us have gone to a nurse practitioner. We know they can give medical advice, prescribe medicine and practice medicine. I fully and completely support changing our title from Legal Paraprofessional to Legal Practitioners so the public, my clients, other attorneys, judges and even my own family can understand my license. My clients refer to me as their attorney and I quickly correct them but they can't even say the word legal paraprofessional, let alone tell their spouse that they have hired one.
Linda Marie Brown
New Member
Posts:4 New Member

--
01 May 2024 06:00 PM
Linda Marie Brown
BLACK MOUNTAIN LAW OFFICES, PLLC
Bullhead City, AZ
(928) 299-2296

While persons are commended for their commitment and contributions to the legal profession, a LP is not the only party who vigorously studies to obtain a level of education to work and serve the public. Paralegals, legal secretaries, certified legal document preparers and attorneys, as well, also endure specific training and education to obtain their title. In the response provided by Ms. Montez, it is concerning that she types in upper case the term PRACTICE law. While it is understood LPs may appear in court on permissible areas of law, stating that one can PRACTICE law without following with a caveat as to their limitations gives the misconception that they can PRACTICE law in the broadest term of the word. It is believed that permitting one to throw around the term of a legal practitioner adds more confusion and could lead to misuse and abuse of the privilege one is trained to perform. Ms. Montez seems to shout out that she can PRACTICE law but adds nothing more immediately following to any limitations placed on the title or training of a LP. In all respects, LPs appear to be upset that they may be confused as CDP or paralegals but in their quest fail to give credence to attorneys and lawyers who may, if the petition granted, be confused as LPs. Legal Paraprofessionals are limited, and the term legal practitioner adds nothing more to alert the public as to their limitation. The Supreme Court did not issue a carte blanc approval to PRACTICE law but rather placed limitations in the interest of furthering access to justice for the general public.

I must defer to the Arizona Supreme Court decision in that it placed limitations on areas of law that a LP can assist the public and likely believed that the best means to alert the public to these limitations was to coin the term "paraprofessional". It would seem appropriate that the public is on notice that a paraprofessional is not a full-fledged attorney/lawyer and that LPs are limited in services they can provide to the public. And yet today, LPs are not satisfied and seek to retitle themselves as practitioners when the term practitioner provides no notice to the public as to limitations placed on practitioners.

In my humble opinion, I believe that the use of a paraprofessional is fairly a new concept. It would seem reasonable that as time progresses, the public will be better educated as to the variants of legal services available under the many different hats made available thus eliminating any confusion. However, if the proposal is granted, there is no turning back to the confusion that will result in the distinctions between an LP and its limitations and a licensed lawyer/attorney.

For this and other reasons stated earlier, I continue to maintain my opposition to the proposed amendment.
Daniella Montez
New Member
Posts:2 New Member

--
01 May 2024 08:21 PM
Daniella M. Montez
Family Law Legal Paraprofessional
19445 W. Indian School Rd., Ste. 102 #107
Litchfield Park, Arizona 85340
(623) 526-2322
[email protected]

In response to Ms. Brown's comment, capitalizing practice was merely emphasizing that we are licensed to practice law - something the public is confused by based on the term "paraprofessional". No where in my comment did I suggest we were able to practice without limitations. Rather, my comment specifically indicated our license has certain restrictions. Ms. Brown believes the Arizona Supreme Court coined the term "paraprofessional" to alert the public of our license limitations. However, that term has only served to confuse the public and they are unaware an LP is able to represent them at all.

Ms. Brown comments that I failed to provide details regarding the limitations or training of an LP. Pursuant to the Arizona Supreme Court website:

Under ACJA § 7-210, Legal Paraprofessionals can

Prepare and sign legal documents;
Provide specific advice, opinions, or recommendations about possible legal rights, remedies, defenses, options, or strategies;
Draft and file documents, related to motions, discovery, interim and final orders, and modification of orders, and arrange for service of legal documents:
Appear before a court or tribunal
Negotiate legal rights or responsibilities.

****
While we have restrictions surrounding our license, by all accounts, based upon the above - we practice in certain areas of law for our clients. We are practitioners. Details regarding restrictions based on legal areas and the required educational and/or substantive work experience are further outlined in the above code.

As I initially noted, we are to adhere to the same legal and ethical standards as an attorney. We are required to obtain the same CLE credits annually as an attorney. LPs respect and do not hold themselves out to be attorneys. We are required to identify ourselves as legal paraprofessionals in documentation, and potential clients are aware of our practicing restrictions. The public should be aware that our license and role is not that of a paralegal or document preparer. Our license was created to widen access of legal assistance to the general public - especially those with limited financial means. The term paraprofessional does not alert them to the affordable representation options available. I am not upset to be referred to as a paraprofessional. I am upset that the public believes only an attorney can represent them in their case and advocate on their behalf.




DeShon Pullen
New Member
Posts:1 New Member

--
01 May 2024 09:40 PM
I believe the Legal Paraprofessional role is extremely important for our community and provides affordable advocacy to low income individuals and others, who previously were not able to afford representation in Court. 

The current title “Legal Paraprofessional” is confusing and does not adequately portray the breadth and importance of this new role.  In my opinion, Legal Paraprofessional sounds too familiar to paralegal. Potential clients often confuse a Legal Paraprofessional with a paralegal or document preparer.  Clients initially do not understand their LP can represent them in Court and are licensed bar members. I think even attorneys are confused about the scope of the role.   

It is my opinion, the title “Legal Practitioner” is more clear.  It rightfully suggests the individual is a practicing member of the state bar and  I do not believe it will cause confusion for the public.  

Lawyers are consistently called attorneys or lawyers and on occasion counsellors.  I am not aware of any lawyers who refer to themselves as a “Legal Practitioner.”  In addition, with the increased use of Nurse Practitioners, I believe the community  is comfortable with the term and fully understand a Nurse Practitioner is not a physician, and will also understand the distinction between a Legal Practitioner and a Lawyer. Lastly, LPs are required to inform clients they are not lawyers and explain their limitations.  In my experience LPs are very careful with this requirement and will ensure there is no confusion to the public.   

I support this petition.   

DeShon Pullen
Certified Family Law Specialist
DeShon Laraye Pullen PLC
80 E. Columbus Avenue
Phoenix AZ 85012
602-834-7005

Jennifer Stevenson
New Member
Posts:1 New Member

--
01 May 2024 11:41 PM
Jennifer Stevenson
Legal Paraprofessional
Arizona Attorney General's Office
2005 N. Central Ave
Phoenix, AZ 85004
[email protected]


As a practicing legal paraprofessional licensed in family law, I support this petition.  There is a great deal of confusion among the public and the legal community regarding the roles of LPs.  Although licensing began in 2021, the gap in understanding has not been reduced.

My experience differs from the other LPs that have responded, as I represent a government agency and not individual clients.  However, the confusion experienced regarding my role is the same.   The public that our client agency serves, who are often not represented by counsel, have no concept of what an LP is and often mistake my role as a paralegal or assistant to the attorney and not one of a licensed individual. The title of Legal Paraprofessional is confusing and does not adequately represent the role LPs were licensed to provide.  As many have pointed out, the term paraprofessional is defined as a trained aide who assists a professional person.  LPs are professionally licensed individuals, albeit limited, but still licensed.

I support the name change to Legal Practitioner as I believe it will assist the public in understanding what an LP is and take the ambiguity out of the term.  I do not believe that this will blur the lines between attorneys and LPs as attorneys are not commonly referred to as legal practitioners by their clients.

Disclaimer:  The opinions I have expressed are my own and not the opinion of the Arizona Attorney General’s Office.
Erin Dean
New Member
Posts:1 New Member

--
02 May 2024 01:46 AM
I am a member of the public and I support the title change of the Legal Paraprofessionals to the title of Legal Practitioner.

The title Legal Paraprofessional is often used in law/legal offices as an interchangeable title. It can represent a wide range of individuals who occupy positions from Mitigation, Investigator to Legal Assistant. The commonality in all those titles is they support an Attorney. With this being said, prior to being educated on this new role approved by the Arizona Supreme Court, I found myself associating the Legal Paraprofessional as a member of a support staff.

It was encouraging to learn that alternative legal representation could be available to those who might not be able to afford such a high retainer. Now that Arizonans have options if they require legal assistance, in the limited scope areas, I believe it would be much easier to identify and understand this role if the title were changed to Legal Practitioner.

Erin Dean
10242 E. Capri Ave.
Mesa, AZ 85208
602-571-4281
Thomas Johnson
New Member
Posts:1 New Member

--
02 May 2024 09:11 AM
Thomas Johnson
[email protected]
612-877-0544
I am a member of the public.

I am a client of Stephanie Villalobos, Arizona’s First Legal Paraprofessional, at De Novo Law.

I am in support of this change, from a client perspective, I feel that the title change to Legal Practitioner would not necessarily give me more confidence in the hard work that Stephanie has done on my behalf, but it would make it easier to explain to the other people that I may refer to Stephanie instead of trying to explain what a Legal Paraprofessional is before expressing my trust, confidence, and the outstanding representation that I have received from Stephanie Villalobos.

Regards,

Thomas Johnson
You are not authorized to post a reply.
Page 2 of 2 << < 12