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Limited licensing programs gain traction in the legal community

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The idea of non-lawyers practicing law sparks howls of protest from attorneys but with a handful of state seriously considering the proposition and a national committee recommending the concept, the push toward limited licenses is gaining momentum.

A primary concern is that individuals with special licensing will take work away from established attorneys and make it more difficult for new lawyers to gain a foothold. This worry, however, is getting overshadowed by the growing problem of more and more people going without legal representative because they cannot afford an attorney.

Littlewood Littlewood

The state of Washington is the first to develop a program to train and license individuals in very narrow areas of the law. California and New York are reviewing limited licenses.

The American Bar Association Task Force on the Future of Legal Education described the increasing attention to limited licensing as a positive development.

Led by retired Indiana Chief Justice Randall T. Shepard, the ABA committee is advocating the legal community look for alternatives to the three-year degree program that yields “professional generalists.” The task force recommends law schools develop programs for specialized licenses and that state regulators formulate licensing systems without limiting access or raising the price of legal services.

The experience in Washington shows that the road to limited licenses can be very long. After 10 years of talking – and fighting – about alternative legal practitioners, the Washington Supreme Court adopted the rule in June 2012.

What was considerably easier was convincing the state’s law schools to participate, according to Washington State Bar Association Executive Director Paula Littlewood and Limited License Legal Technician Board Chair Steve Crossland. The three schools in Washington readily collaborated to develop a curriculum of 15 credit hours which couples with a basic core curriculum taught in the community college system.

At the law schools, the limited license curriculum – which will begin in the fall of 2014 – is designed to be a mix of theory and hands-on training. Also, all law professors will be paired with a practicing attorney. Littlewood recalled one professor who quipped that students coming through the specialized license program ould be better trained than the law students.

Crossland Crossland

Once students complete the program, they will be limited license legal technicians. They will be able to file forms and give advice without an attorney’s supervision, but they will not be allowed to represent clients in court or negotiate on behalf of clients. Also the LLLTs will be required to carry malpractice insurance.

Representatives of three law schools in Indiana had differing reactions to limited licensing.

Gary Roberts, dean emeritus at Indiana University Robert H. McKinney School of Law, said members of the bar would likely “go crazy” at the suggestion of a limited legal license. But he believes alternative licenses will eventually be granted in Indiana.

“It’s coming,” he said. “I think it’s inevitable.”

Notre Dame Law School Associate Dean Mark McKenna thinks law schools would take a hard look at tailoring their curriculums to create a course of study for limited legal practitioners if the state approved such licenses. The South Bend school would probably talk about offering such a program, giving consideration to how a limited license track would fit with the school’s mission and current J.D. program, he said.

Speaking after Shepard made a presentation about legal education at Notre Dame in late September, McKenna was receptive to the idea of limited licenses. He personally considers limited licensing to be a good solution if the practitioners can do their jobs well and they fill a need in the market.

“There are tons of services that are not being adequately provided by lawyers, and I would like to see more lawyers doing those things but at the very least, I would like to see those services being rendered,” McKenna said, pointing to the number of people who go through divorces or do small-business transactions without legal advice because they cannot afford it. “I think that’s something the legal profession has to take more seriously.”

Roberts pointed to the growing need for affordable legal services. Currently, small-business owners as well as lower- and middle-income people are going without legal assistance because the price is too high. When that demand for less expensive services becomes a “ground swell,” he said, a limited license program will be introduced.

The argument that a limited licensed practitioner would not be as good as someone with a full, three-year law school degree was dismissed by Roberts as nonsense. To do a simple divorce or draw up a lease contract, an individual does not need to have taken the full range of courses offered in law schools.

roberts-gary-mug.jpg Roberts

Moreover the lawyers who, on the one hand, say the third year of law school is unnecessary but, on the other hand, contend only someone with a J.D. can perform legal services are talking from both sides of their mouths, Roberts said.

At Indiana Tech Law School, Dean Peter Alexander disputed the contention that practitioners with narrow training can produce legal services that matches the quality of the work done by law school graduates. The ability to analyze and synthesize as necessary to fully serve clients comes only from studying for three years at a law school, he said.

“I think legal education helps to transform people from whatever they are before law school into lawyers,” Alexander said. “Without that transformation, I don’t think you can offer the same level of services to clients.”

The problem of access to justice can be addressed by requiring attorneys to do pro bono work, Alexander said. Holding a law license is a privilege, he continued, so lawyers would have a responsibility to offer a certain numbers of hours each year to handling charity cases.

In October 2013, the Indiana State Bar Association Professional Legal Education, Admission and Development Section issued a report that included a review of special licensing. The section recommended against moving forward with legal technicians at this time but left the door open for future consideration by advising the state bar to monitor the success of such programs in other jurisdictions.

The Washington State Bar Association is overseeing the LLLT program. It established the curriculum, set the rules of professional conduct and created the two bar exams the students will have to take (one at the end of their community college rotation and other after they complete the law school courses).

Also, the state bar association provided seed money of $130,000 to get the program started. Littlewood and Crossland said once students start paying the fees for licensing, the program will become self-sufficient.

In Washington, the motivation for limited licenses came about because many state residents are either going without legal assistance or they are getting harmed by individuals who misrepresent their legal abilities.

Whenever lawyers complained in the past that LLLTs would take clients away, Littlewood reminded them of the number of people going without representation. If attorneys were doing the work, she said, there would not be a problem with access to justice.

Now if a lawyer complains, Littlewood has a short answer that highlights the reality.

“It’s here,” she replies. “The debate is over. The (Supreme) Court has spoken.”•

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  • A good reason for Paralegal Licensing
    One thing this article doesn't mention is that many highly qualified paralegals have the training and experience to perform exactly the types of tasks being considered for LLLTs. The curriculum at the State's accredited paralegal programs could just as easily be tailored to allow paralegals to receive the education, and licensing needed to directly assist with, and perform those specialized tasks - like simple divorces, leases, small claims filings, etc... Paralegals have always been a great solution to the need for low-cost legal services for the under-served in our state - but as with many things in the Hoosier state, we are behind the times.

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  1. Am I the only one who sees that the City is essentially giving away the MSA site AND giving millions to build new buildings on the site when this site would be the perfect place for the Justice Complex? Across from City-County, check; keeping it centrally located, check, etc. It's my understanding that the GM site must be purchased by the City from Motors Liquidation Company. STOP WASTING WHAT WE ALREADY HAVE AND OUR TAX DOLLARS! The Ballard Administration has not been known for it's common sense...never voted for him and never will!

  2. This guy sounds like the classic molester/manipulator.

  3. Louis D. Brandeis was born in 1856. At 9 years of age it would have been 1865. The Brandeis family did not own slaves. My source Louis D. Brandeis: A Life, by Melvin L. Urofsky.

  4. My name is Matthew Lucas Major, I recently went through a jury trial in Bloomington , In. It was the week of Feb 19-21. Although I have been incarcerated since August 5, 2014. The reason I 'am writing to you sir is on the 21 of February the jury came in with a very excessive and wrongful verdict of guilty on 6 child molesting charges against my daughter who was 9 at the time I was accused. I also had 2 other Felonies one of Intimidation and 1 of Sexual Vicarious Gratification. Judge Marc Kellam on the second day of trial gave me a not guilty on those 2 felonies. The jury was sent out during that time and when brought back Judge Kellam told them to not concern themselves with the 2 Felonies that he ruled on them. They were told to not let evidence they had already heard influence there verdicts. I never in my life touched any child sexually and definitely not with my own daughter. When I was arrested Detective Shawn Karr told me I would be convicted guilty just on my daughters word even without evidence. That's just what happened. my public defender did me so wrong he never once proved to the court and jury all the lies the child told, and Jeremy Noel my public defender could of proven the lies easily. The stories in Serenity's depositions and Forensic interview changed and were not consistent as Prosecutor Darcie Fawcett claimed they were. Yet my attorney never mentioned that. The facts that the child accused me of full penetration in her vagina and rectum was proven lies. Doctor Roberta Hibbard of Riley hospital in Indianapolis confirmed Serenity's hymen intact, no scars, no tearing, no signs of rape to her. Yet my attorney didn't use that knowledge . the DNA was all in my favor. I tell you I will spend my entire life in prison going through rape and beatings etc. even Judge Kellam abused his authority by telling the jurors to listen and believe what the prosecutors side in evidence like my daughters testimony. In one interview with the detectives my daughter got flustered with her mom and said on camera " I'm saying what you told me to mom"!! Yet Mr. Noel said nor did anything to even resemble a defense attorney. Judge Kellam allowed edited version of a taped conversation between the child and her mother. Also Judge Kellam allowed the Prosecutor too bring in to my case a knife found under my seat, the knife wasn't part of my case. She was allowed by my attorney and the judge to put a huge picture of it on the screen and huge picture of my naked privates in a full courtroom and open court. Ms. Fawcett says to jury see how easy Mr. Major could reach the knife and cut his Childs throat. Even though I had no weapons charge against these cases. This gave the jurors prejudice thought against me thinking I threatened her with that knife and how scared she would of been knowing i could get it and kill her. On my sentencing court March 19, 2014 my public defender told Judge Kellam he wish to resign from being my attorney and wished for the court to give me outside council to file a error to trial or appeal. We were denied. Now after openly knowing my public defender don't want to represent me he has to. Well when as parents we make our kids clean a room when they really don't wish to, well the child will but don't mean she will do a good job, that's where I'm at with Mr. Noel. please dont ignore mine and my families pleas for your help . we have all the legal proof you could need to prove Im innocent. Please dont make my spend years in prison innocent when you can fix this wrong. Im not saying Im a perfect man or that I was a perfect dad to my 2 children none of us are. Ive made some bad choices in life and I paid for them. But I didnt ever touch or rape my daughter . I love my children with all my heart. And now through needing attention and a ex-wife who told my granny several times she wish she could put me in prison to get me out of their lives. Well my ex finally accomplished her goal. Sad part is she is destroying our daughter with all this horrific lies and things she taught my daughter to say. My daughter will need therapist to ever hope for a chance of a normal life after what she had done to her by her mom and their side of the family. My daughter told everyone even on stand she had a dream months before i supposedly molested her in this dream I was molesting her and when I finally did it matched her dream perfectly. She admitted to watching movies about little girls being molested and watching U-Tube videos about child molesting all before it happened supposedly to her. Doesn't that sound very unusual that a non molested 9 yr old would need to know so much about being molested? The only reason I could think a 9 year old would need so much information is to be prepared to know what to say and be able to say how it felt what took place etc.. So when questioned by authorities she would be prepared. And there again sir if a parent is pre grooming a 9 year old child she would need intimate details . Like telling her daughter about a couple moles on my private area. The child admitted to sneaking my cell and looking many many times at nudes of me and my girlfriend even one where my penis was entering my girlfriends vagina. In that picture my moles are obvious. Yet when prosecutor showed everyone in court my privates and pictures of the moles she said the only way the child would know about them is if she saw them for herself. My attorney once again said nothing about the pictures my child saw. Or could a ex-wife be able to describe my moles to help her case against getting rid of me? I beg you help me. This is my very existence. Ive lost everything , a good job, a wonderful girlfriend, my freedom, but worse thing Ive lost is my children. They were my reason to get up every morning and strive to be better. The wonderful bond I had with my Serenity is gone. After this I would be afraid to even hug her for fear of what next can they do to me. I'm not afraid to tell you I sit here in this cell and try to hold back my tears. Everyone knows you cant show weakness in prison. My life has already been threatened here at Wabash Valley Prison. After only 3 days of arrival. I was tricked into signing a waiver now Im in G Block General Population with 6 child molesting felony charges. Mrs. Hart as a 18 year old I almost died hooked to machines in hospital almost 1 month and now I know that fear was childish compared to this . I cant help but put emotions in this, after all Mrs. Hart Im human and God help Me I never been more afraid in my life. I didnt hurt my little girl I didnt touch her sexually. As much as it shreds me and fills my mind what Im facing I worry more about my mom and granny because of their great love for me mam they are suffering so deeply. I aint done this things but my loved ones suffering right along beside me and If you take my case you will be in essence freeing them also. I sent momma this letter and asked her to email it to you. I'm scared I have been done so unjustly by our legal system and I need you to fix this and give me freedom. I ask you please don't just ignore my pleas. Here in America its nice to be able to trust our legal justice system, well they destroyed my and my loved ones trust in our justice system . And I'm trusting in You !!! My entire family is suffering this nightmare with me. My 77 year old granny had a stroke and isn't doing so well. My single mother that raised 3 kids alone is dying from Lupus and since my arrest has stayed so sick and weary. Our lives torn to peices by a government I was taught I could trust in. my momma has tried so many innocent project and wrongfully accused and cant get anywhere. please please help me. A quote from the late Nelson Mandela: To be free is not merely to cast off ones chains, But to live in a way that respects and enhances The Freedom Of Others. I have Faith in you and your clinic to cast my chains off and give me freedom I do deserve as a wrongfully accused Man, son, brother, father, friend. Matthew Major DOC# 246179 Cause # : 53c02-1308-FA-000779 God Bless you. Please contact me with your decision so I know you made a life changing decision for me , just please at least write me so I know you care enough about your citizens to respond to cries for your help. You can speak openly with my mother Charlotte Spain (828) 476-0406: 71 Lakeview Dr. Canton, NC 28716 Thank You Matthew Major I know yall get thousands of request and inmates claiming innocence, and each person who are innocent deserve to have organizations like yours willing to fight for them and I give yall so much Thanks and I thank God everyday yall are out there caring enough to help free the innocents. Since discovering firsthand how easily lives and families can be destroyed by Poor Defense attorneys not doing their job . And Prosecutors allowed to do as they please in court

  5. Frankly, it is tragic that you are even considering going to an expensive, unaccredited "law school." It is extremely difficult to get a job with a degree from a real school. If you are going to make the investment of time, money, and tears into law school, it should not be to a place that won't actually enable you to practice law when you graduate.

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