Legal Paraprofessional Pilot Project

What is the Standing Committee?

The Standing Committee, established in November 2020, is responsible for Pilot Project oversight, including review and approval of applications, maintenance of the participant roster, review of and decisions on complaints, and Pilot Project evaluation and reporting. Standing Committee membership is listed on the Standing Committee tab.

How long is the pilot?

The Pilot Project is currently scheduled to end March 31, 2024.

What happens at the end of the pilot?

The Judicial Branch will evaluate the results and experiences of participants in the pilot project to determine if implementing these new legal paraprofessional services will resolve long-term representation disparities in civil case types. For example, the Judicial Branch will be considering the potential for improved meaningful access to justice for formerly self-represented litigants, improved court efficiency, and sustainability of the model, among other considerations.

What other areas (case types) could this project expand?

The Judicial Branch will evaluate the results and experiences of participants in the pilot project to determine if implementing and/or expanding legal paraprofessional services is feasible.

What counties can you apply for?

In family law matters authorized under Supervised Practice Rule 12, legal paraprofessionals may apply to serve in any county in Minnesota.

In housing law matters, legal paraprofessionals may provide services in any district courts, except that paraprofessionals may not appear in Hennepin County’s Housing Court.

I am a paraprofessional located outside of Minnesota working with a supervising attorney licensed in Minnesota. Can I participate in the pilot?

Yes.

Is there a fee to be on the roster? 

No.

Will there be some type of license requirement for legal paraprofessionals?

No, not at this time. There is no additional licensure requirement for participation in the pilot beyond the education and work experience requirements under Rule 12.02.

What kind of outreach has been done to educate attorneys about this pilot project and encourage them to participate?

Outreach efforts are ongoing. Refer to the mncourts.gov site for communication updates.
If you or a group you are affiliated with are interested in a presentation, contact the Standing Committee administering the pilot by sending an email using our contact form.

How can the Minnesota Paralegal Association (MPA) help promote/work with this program?

MPA is supportive of the pilot and is providing assistance to the Standing Committee administering the pilot and the court system. MPA is providing support to paralegals interested in participating in the pilot through relevant CLEs, administering the Minnesota Certified Paralegal program, answering questions about the pilot, and providing discussion boards for participants.

Why should a firm consider participating in the pilot?

One of the goals of this project is to provide reasonable fees for less complex housing and family law matters. A firm utilizing a paraprofessional for these services will now have an additional income stream and service available to potential clients who do not have the funds for a full-service attorney. This is an enhancement for law firms who are forward-thinking and wanting to serve a larger section of the population.

What do you mean by “supervise” in actual court proceedings? Does the paraprofessional have to appear in a certain number of cases with the attorney present before appearing entirely solo? Or does the attorney always have to be on site?

Supervision is at the discretion of the supervising attorney based on the paraprofessional's expertise, experience, and the circumstances of the case. The attorney is responsible for appropriate supervision; however, they are not required to appear in court proceedings with the paraprofessional.

 

How do I apply for the Pilot Project?

To apply for the Pilot Project, please complete the application packet and submit it to the Standing Committee via email at parapropilot@courts.state.mn.us or via U.S. mail at the address below.
Legal Paraprofessional Pilot Project Standing Committee
Attention: Kim Larson
25 Rev. Dr. Martin Luther King Jr. Blvd.
Suite 105
Saint Paul, MN 55155

Can I apply for the pilot if I do not meet the minimum qualifications?

No. Please review Supervised Practice Rule 12 for the requirements to participate in the Pilot Project.

Can I apply for the program if I do not have a supervising attorney?

No. See Supervised Practice Rule 12 and the application form and instructions for more information about application requirements.

What happens after I submit my application?

The Standing Committee will review every application and approve or deny the application. Legal paraprofessional and supervising attorney applicants will receive notification of approval or denial by email. If approved, the applicants’ names and contact information will be added to the Pilot Project Roster. Legal paraprofessionals may begin providing expanded paraprofessional services as established in Supervised Practice Rule 12 once approved and added to the Roster.

Can I appeal if my application is denied?

Yes. The appeal process is included in the denial notice and on the LPPP website.

How long to do you anticipate the application review process to be?

Applications are currently being reviewed on a rolling basis. Generally, most applicants can anticipate a response within a few weeks.

Are there certain things people/applicants should have ready to submit their application?

Refer to the Application Packet Checklist on the last page of the Application Form to ensure all required documentation is included.

Are paraprofessionals required to have a certain number of CLEs or training requirements, as an attorney would?

Paraprofessionals must meet the education requirements to apply for the program. See rule 12.02 Sub. a, Education and Work Experience Requirements.

Do the 10 CLE credits have to be specifically related to housing and family law?

No. See Rule 12.02 Sub. b, Ethics and Continuing Legal Education Requirements.
 

Are there special requirements for a legal paraprofessional to represent clients in district court?

Yes. For each case, complete and file the Legal Paraprofessional Pilot Project Certificate of Representation and Parties and Authorization to Appear in Court Form. This will help the Standing Committee and court staff to identify cases that are part of the pilot.

Legal paraprofessionals are also strongly encouraged to bring a copy of their Written Agreement with Supervising Attorney to each court appearance to assist and inform court staff and judicial officers if needed.

If approved for the pilot, as a Legal Paraprofessional, can I eFile using my own account?

No. The eFile system currently requires a Filing Attorney (a Minnesota licensed attorney). Please consult with your supervising attorney and request to be a filer with their eFile account, or request that your supervising attorney create a separate account.

If you are unfamiliar with the eFile and eServe system, please visit the File A Case page for more information and to register for a training session.

Will legal paraprofessionals be able to eFile documents?

Yes. The legal paraprofessionals can eFile documents under their supervising attorney’s bar number. Paraprofessionals may visit the eFile and eServe page for more information.

Are legal paraprofessionals required to eFile documents?

The same eFiling rules apply to a legal paraprofessional as an attorney. Legal paraprofessionals are an extension of the attorney of record.
 

Can I prepare and sign independently any of the documents listed in the Appendix?

There is no need for the supervising attorney's signature on the documents listed in the Appendix.

Can I provide services in case types or proceedings that are not included in Supervised Practice Rule 12?

No. Pilot Project participation is limited to the civil case types and proceedings as outlined in the rule. Engaging in unapproved legal areas may result in removal from the Pilot Project.
 

Can I represent landlords in housing cases?

No. Representation in housing cases is only permitted for tenants at this time.

Are uncontested step-parent or second parent adoptions cases in which I can provide advice and representation?

No, adoption cases are juvenile court cases and not family court cases so are not included in this Pilot Project.

Can I provide advice and/or representation in conciliation court cases?

No. Conciliation court cases are not considered a housing or family case type.

What happens if it is determined that there is a domestic abuse or child abuse allegation in a case, an outstanding Order for Protection, or Domestic Abuse No Contact Order? Can the paraprofessional continue to represent their client?

On June 16, 2022, the Minnesota Supreme Court issued an order promulgating amendments to the Rules governing the Legal Paraprofessional Pilot Project. The rule change will allow approved legal paraprofessionals who are on the roster to provide advice and representation in some family law cases that involve allegations of domestic abuse or child abuse, and provide advice and representation for petitioners in some order for protection (OFP) and harassment restraining order (HRO) cases. The court also clarified that under no circumstances shall a legal paraprofessional provide advice or appear in court or at a mediation under this paragraph if a petition for a child in need of protection has been filed under Minn. Stat. ch. 260C. The amendments become effective on October 14, 2022.

Until these amendments take effect, the paraprofessional would not be able to proceed in their representative capacity, and they should inform their supervising attorney as soon as possible. The paraprofessional and supervising attorney should notify the court immediately if it is discovered during a hearing and ask the court to advise on how to proceed with that hearing. The hearing may need to be rescheduled.

How can clients find and hire me to represent them?

Once approved, legal paraprofessionals and supervising attorneys will be added to the Roster posted on the mncourts.gov website. Individuals can look for Pilot Project participants on the Roster and can see the specific locations and case types in which the participants are offering services.

How do I inform court staff and the judicial officer that I am participating in the Pilot Project?

Make sure that you have filed the Legal Paraprofessional Pilot Project Certificate of Representation and Parties and Authorization to Appear in Court on each case. In addition, when appearing in court, please identify yourself as a legal paraprofessional who is participating in the Pilot and provide a copy of your Written Agreement with Supervising Attorney if requested.

How will legal paraprofessionals obtain documents from other parties?

Both the legal paraprofessional and the supervising attorney should sign up as service contacts on each case in eFile and eServe (eFS).

How will legal paraprofessionals obtain documents from the court?

The process is staying the same for court-generated notices and documents. The legal paraprofessional should be added as an eFiling service contact to each case. If a notice is generated only for the supervising attorney, the supervising attorney needs to provide a copy to the legal paraprofessional.

Will paraprofessionals be required to follow the same courtroom rules of decorum as an attorney?

Yes. Legal paraprofessionals will need to follow the same rules of candor, including courtroom rules of decorum, as anyone who appears in court. Legal paraprofessionals are required to follow MN Court Rule 2.01 regarding their behavior and ceremony in general and Rule 2.03 Role of Attorneys to model their behavior based on those standards.

Do paraprofessionals need to be employed by a law firm to participate in the pilot?

No. The paraprofessionals may be employed by a law firm or be an independent contractor. In either circumstance, the legal paraprofessional is required to have a supervising attorney.

Will the paraprofessional be subject to discipline?

The Standing Committee has established a complaint process to handle discipline matters.

How will firms manage conflicts?

Firms have an ethical responsibility to identify and manage potential conflicts of interest in client representation, which extends to conflicts affecting the paraprofessional's representation.

Will the Certificate of Representation indicate if the paraprofessional is authorized to appear in court?

Signing and filing the Certificate of Representation indicates the paraprofessional and supervising attorney are authorized to participate in the pilot. Judicial Officers, court staff and others may view the Roster of Approved Legal Paraprofessionals to confirm.

May a judicial officer refuse to allow a paraprofessional to appear?

There is no discretion on the part of the judicial officer to determine whether or not a paraprofessional may appear. If a paraprofessional has been certified and they are on the roster, the paraprofessional is practicing within the rules. See Order.

Is the supervising attorney required to assume representation of the client if the paraprofessional can no longer represent the client?

Yes. The supervising attorney is ultimately responsible for client representation. Further, the attorney should be mindful of this responsibility at the outset of the client relationship and address this possibility in the retainer agreement.

Clients do have a right to choose who represents them and need to be offered the opportunity to work with the supervising attorney, represent themselves, or choose a different attorney.

What questions should the attorney I work for ask our legal malpractice insurance regarding this program?

Supervising attorneys should contact their legal malpractice insurance provider with any questions. Relevant questions may include:

• Does the policy cover paraprofessionals?
• Does the policy cover independent contractors?
• Does including a paraprofessional affect my rate or coverage?
• Does the policy limit the number of paraprofessionals covered under the policy?

Should client and/or fee agreements be established between the client and the legal paraprofessional or the client and the supervising attorney?

Client and/or fee agreements should be between the client and the supervising attorney. The agreement may include references to the services the legal paraprofessional will provide to the client.