California Paraprofessional Program Approved Resolutions

RESOLVED, that the California Paraprofessional Program Working Group does not recommend ongoing consideration of Veterans Advocacy as a practice area for inclusion in a paraprofessional program at this time.

FURTHER RESOLVED, that the California Paraprofessional Program Working Group will include in its report that the State Bar convene Veterans Services Organizations, legal aid organizations, and pro bono attorneys that are currently providing legal services to veterans to discuss ways in which the State Bar can increase awareness of: (1) available services; (2) increase the number of attorneys providing pro bono legal services to veterans; (3) provide additional resources and trainings; and (4) to potentially recruit nonattorney volunteers interested in veterans advocacy as authorized by the VA and the DoD.

RESOLVED, that the California Paraprofessional Program Working Group makes the following recommendation regarding ongoing consideration of Income Maintenance as a practice area for inclusion in a California paraprofessional program: paraprofessionals are authorized to provide full scope representation at the administrative agency level where nonattorneys are authorized to represent parties in administrative proceedings by state law. The specific details of allowed activity will be discussed at a later date.

RESOLVED, that the California Paraprofessional Program Working Group recommends that, with the exception of clients with immigration issues, expungement and reclassification of convictions, and resolution of infractions, be included for ongoing consideration in a paraprofessional program, and that further study be conducted regarding how and whether paraprofessionals might serve clients with immigration issues.

FURTHER RESOLVED, that the California Paraprofessional Program Working Group recommends research and consider supporting a portal that was recently created and launched by TAP, which helps guide pro bono service providers through each step required to file for expungement and reclassification of convictions.

RESOLVED, that the California Paraprofessional Program Working Group recommends that the following topics under the Housing practice area be included for ongoing consideration in a paraprofessional program:

• Evictions and unlawful detainer proceedings;
• With regard to representation at trial, issues related to civil right to counsel should be considered; and
• Homeownership issues related to clearing title, but not representing clients in quiet title actions.

RESOLVED, that the California Paraprofessional Program Working Group recommends that the following areas in the General Civil practice area be included for ongoing consideration in a paraprofessional program:

• Providing legal advice regarding preparation of affirmative and responsive pleadings and representation in civil harassment proceedings pleadings;
• Representation of debtors in enforcement of judgment proceedings and advice and representation related to debt collection;
• Enforcement of mall claims court judgments; and
• Representation of creditors in wage and hour claims in limited jurisdiction cases (up to $25,000).

RESOLVED, that the California Paraprofessional Program Working Group recommends that the following topics under the Health practice area be included for ongoing consideration in a paraprofessional program:

• Billing for medical services, including copays and deductibles;
• Denial of access to services or equipment;
• Denial of access to insurance; and
• Failure to inform of free services or available financial assistance.

RESOLVED, that the California Paraprofessional Program Working Group recommends that wills, trusts, estates, and probate, not be included for ongoing consideration in a paraprofessional program at this time, but reserved for consideration at a later date; guardianships will be considered during the discussion of family, children, and custody.

RESOLVED, that the California Paraprofessional Program Working Group recommends that the following topics under the Consumer Debt practice area be excluded from ongoing consideration in a paraprofessional program:

• Bankruptcy
• Identity theft
• Unfair or deceptive lending practices
• Problems with credit repair services
• Payday/short-term lenders
• Fines and fees from criminal or juvenile cases
• Car repossession or defect/warranty issues

RESOLVED, that the California Paraprofessional Program Working Group recommends that the following topics under the Employment Law practice area be excluded from ongoing consideration in a paraprofessional program:

• Unfair termination
• Unsafe working conditions
• Sexual harassment
• Workers’ compensation
• Workplace grievances
• Workplace accommodations

RESOLVED, that the California Paraprofessional Program Working Group recommends that the following subtopics and tasks under the Collateral Criminal practice area be included in a paraprofessional program:

Record Clearance Tasks

• Client Intake
• Client retainer/engagement
• Run Live Scan OR assist client with obtaining court records
• Ensure client is no longer on probation
• Check on outstanding fines and fees
• Check applicable code sections to determine eligibility for expungement, reduction, or other clean slate remedy
• Prepare appropriate petitions and proposed orders by county and remedy (determine if petitions are mandatory or discretionary)
• Prepare the declaration
• Prepare the proposed order
• Determine if a record clearance is needed in addition to the expungement
• File the petition & get a court date
• Serve the DA
• Appear in court if necessary
• Obtain a copy of the order and send to the DOJ to get RAP changed

Infraction Tasks

• Client Intake
• Client retainer agreement
• Obtain a copy of the citation
• Determine hearing date
• Meet with client and determine what happened and what the client wants to do
• Explain the outcome to the client and what the client needs to do to comply with court’s decision
• Appear in court if necessary

RESOLVED, that the California Paraprofessional Program Working Group recommends that the program be implemented in a phased-in manner, with a subset of practice areas and counties, and with the proposed final program features in place.

RESOLVED, that the California Paraprofessional Program Working Group recommends that the initial phase of the program will be limited to the following practice areas, as defined by the corresponding practice area subcommittees:

• Family Law
• Housing
• Collateral Criminal

RESOLVED, that the California Paraprofessional Program Working Group recommends that the initial phase of the program will be limited to the following geographic areas, subject to modification as warranted by additional data:

• Northern California Counties:
  • Alameda
  • Santa Clara
  • Additional county/counties: Sacramento and north of Sacramento
• Central California Counties:
  • Fresno
  • Merced
  • Tulare
• Southern California:
  • Orange County

RESOLVED, that the California Paraprofessional Program Working Group adopts the recommendations regarding program eligibility prerequisites, educational requirements, experiential training requirements, testing requirements, moral character requirements, and supervision incentives provided in the February 26, 2021, memo from the Licensing Subcommittee, as modified by an amendment to the memorandum that a one unit paraprofessional ethics course cannot be waived.

RESOLVED, that the California Paraprofessional Program Working Group adopts the discipline model as outlined on page 2 of the February 26, 2021 memo from the Discipline Subcommittee, with appeals to be heard by the Paraprofessional Licensing Board; and it is

FURTHER RESOLVED, that the California Paraprofessional Program Working Group adopts the alternatives to discipline model as outlined on page 5 of the February 26, 2021 memo from the Discipline Subcommittee; and it is

FURTHER RESOLVED, that the California Paraprofessional Program Working Group adopts the public records determinations as outlined on page 6 of the February 26, 2021 memo from the Discipline Subcommittee, except that Public Reproval should be converted to an anonymous report after ten years.

RESOLVED, that the California Paraprofessional Program Working Group recommends the following financial responsibility requirements for licensed paraprofessionals:

• Paraprofessionals must maintain a surety bond in an amount of $100,000;
  • Practice area subcommittees may recommend a lower amount be required;
  • The total amount of the required bond may not exceed $100,000;
• Paraprofessionals must contribute to a Client Security Fund (CSF), to be established with rules that mirror those of the attorney CSF.

FURTHER RESOLVED, that the California Paraprofessional Program Working Group recommends the following measures to increase financial protection for clients of paraprofessionals:

• If neither a $100,000 bond nor malpractice insurance is required, a restitution fund should be established that will compensate clients for both intentional and unintentional acts;
• Paraprofessionals should be strongly encouraged to maintain malpractice insurance; and
• The State Bar should take steps to encourage insurance companies to make insurance available to licensees.

RESOLVED, that the California Paraprofessional Program Working Group adopts the following recommendations for paraprofessional minimum continuing legal education (MCLE) requirements:

• 36 hours every 3 years, as follows:
  • 28 hours in the paraprofessional’s practice areas
  • 4 hours on legal ethics
  • 1 hour on competence issues
  • 1 hour on recognition and elimination of bias in the legal profession and society
  • 1 hour of trauma-informed practice
  • 1 hour of practice management/running a business
• No more than 18 hours may be obtained through self-study
• Each practice area subcommittee may require that the above MCLE include specific topics relevant to the paraprofessional’s practice area to be included in the final MCLE regulation proposal
• The paraprofessional licensing board will be authorized to require supplemental MCLE to maintain licenses due to changes in the law or other developments, as well as discretion to impose more specific educational requirements based on practice area, identified risk factors, or other considerations.
  • This could include designation of some of the practice area MCLE, or, alternatively, an increase in the required number of hours of MCLE to address specified issues and topics.

RESOLVED, that the following is the default Working Group position regarding in-court representation in the superior courts by licensed paraprofessionals:

• Paraprofessionals may provide full in-court representation in the practice area(s) and for the tasks for which they are licensed, with the exception of jury trials.

FURTHER RESOLVED, that each practice area subcommittee may generate an alternative in-court representation recommendation. Such alternative recommendations will be accompanied by a corresponding rationale for that recommendation.

RESOLVED, that legal paraprofessionals may represent individual debtors in limited jurisdiction consumer debt proceedings except for:

• Responding to or preparing dispositive motions including anti-SLAPP motions and motions for summary judgment;
• Participating in trial setting or pretrial conferences; and
• Representing clients in trials, both jury and bench trials.

RESOLVED, that the following creditor harassment activities be included and excluded from the paraprofessional program:

Included:

• Prelitigation cease and desist and prove-up letters; and
• Prelitigation negotiation of settlements, including payment plans.

Excluded:

• All superior court litigation

RESOLVED, that the California Paraprofessional Program Working Group amends the resolution regarding Income Maintenance adopted at its June 30, 2020 meeting to read as follows:

The California Paraprofessional Program Working Group recommends that paraprofessionals be authorized to provide full scope representation at the state administrative agency level in the following proceedings:

• Wage and hour proceedings, Division of Labor Standards Enforcement;
• Unemployment insurance proceedings, Employment Development Department; and
• All proceedings relating to public benefits.

RESOLVED, that the CPPWG recommends that legal paraprofessionals be authorized to represent claimants in the enforcement of Division of Labor Standards Enforcement wage and hour judgments in limited jurisdiction superior court proceedings.

RESOLVED, that the California Paraprofessional Program Working Group recommends that the Health practice area be excluded from the paraprofessional program; and it is

FURTHER RESOLVED, that the California Paraprofessional Program Working Group recommends that the CPPWG report to the Board of Trustees includes a recommendation that the State Bar assist in publicizing the availability of Health Consumer Alliances (HCAs), the Department of Managed Health Care, and the Department of Insurance. We further recommend that the State Bar support the efforts of the HCAs to require that information about their availability is included on notices from medical insurers and health care providers.

RESOLVED, that the California Paraprofessional Program Working Group recommends that paraprofessionals are authorized to assist clients in residential landlord tenant matters, including unlawful detainer actions.

• Representation is limited to tenants, and landlords who own no more than two units;
• Paraprofessionals may provide in-court representation for motion hearings and default prove-ups;
• Paraprofessionals may not provide in-court representation in bench trials or jury trials;
• During trials, paraprofessionals may assist their clients by sitting at counsel table, to provide advice and guidance, and may respond to direct questions from the judge.

FURTHER RESOLVED, that the California Paraprofessional Program Working Group recommends that in addition to required disclosures about the availability of a free attorney through a local legal services program to those who qualify, paraprofessionals are required to advise clients of availability of a right to counsel program, or must certify that no such program exists, in their county.

FURTHER RESOLVED, that the California Paraprofessional Program Working Group recommends that the Working Group and the State Bar Board of Trustees express strong support for establishing and funding a right to counsel in unlawful detainer proceedings. Moreover, it should be clear that paraprofessional licensing in this area is meant to supplement and not undermine establishment and funding of a right to counsel. In particular, a justice gap continues to exist; paraprofessionals will not be authorized to represent litigants at trial and free attorneys may not be available due to income-restrictions placed on right-to-counsel programs, legal services funding and capacity issues, or because local jurisdictions have not yet implemented or fully funded a right to counsel in their jurisdiction. Paraprofessionals also may participate with legal services programs to provide free or low-cost legal services.

RESOLVED, that the California Paraprofessional Program Working Group recommends that there be no limits on the fees that licensed paraprofessionals will be authorized to charge. The question of potential caps on contingency fees will be discussed at a later time.

RESOLVED, that the California Paraprofessional Program Working Group recommends that paraprofessionals are not authorized to assist with homeownership issues or title clearing issues other than those related to clearing liens. Paraprofessionals are authorized to assist clients in clearing liens from titles outside of litigation, but are prohibited from assisting with or representing parties in quiet title actions or other matters related to home ownership or real estate title issues.

RESOLVED, that the California Paraprofessional Program Working Group recommends that paraprofessionals be authorized to provide representation in family law matters, including but not limited to the tasks delineated in Attachment B to the April 19, 2021 memo from the Family Law Subcommittee, with the following exceptions:

• Nullity matters:
  • Petitions based on incest, unsound mind, fraud, force, physical incapacity
  • Putative spouse establishment
  • Division of quasi-marital property
• Petition to establish parental relationship involving FC § 7612(b) or (c)
• Child custody and visitation involving Hague Convention or UCCJEA
• Qualified Domestic Relations Order (QDRO)
• Spousal or domestic partner support in long term marriages, as defined by FC § 4336, unless included in a marital settlement agreement that does not terminate or set nonmodifiable spousal support
• Discovery:
  • Oral depositions
  • Expert discovery
  • Related motions
  • Pre-marital/post-marital agreements
  • Marvin/palimony actions
  • Contempt actions

  FURTHER RESOLVED, that the California Paraprofessional Program Working Group recommends that paraprofessionals be authorized to provide full in-court representation, excluding jury trials, in family law matters, with the following exception:

  Hearings on emergency custody or visitation requests when a judge has granted temporary emergency orders. At such hearings, paraprofessionals are authorized to sit at counsel table to support and advise their client, and may answer direct procedural questions from the judge.

RESOLVED, that the California Paraprofessional Program Working Group recommends that paraprofessionals be authorized to provide out of court representation in uncontested adoptions, with the following exceptions:

• Adoptions arising from dependency petitions; and
• Adoptions where the child has been identified as protected by the Indian Child Welfare Act.

FURTHER RESOLVED, that the California Paraprofessional Program Working Group recommends that paraprofessionals be authorized to provide full in-court representation in uncontested adoption matters, except as excluded above.

RESOLVED, that the California Paraprofessional Program Working Group recommends that paraprofessionals be authorized to provide representation in violence prevention matters, as delineated in Attachment B to the April 19, 2021 memo from the Family Law Subcommittee.

FURTHER RESOLVED, that the California Paraprofessional Program Working Group recommends that paraprofessionals be authorized to provide full in-court representation, excluding jury trials, with the following exceptions:

• Domestic violence hearings involving children.
• If expert witness testimony will be introduced, paraprofessionals are prohibited from introducing or cross-examining expert witnesses.

RESOLVED, that the California Paraprofessional Program Working Group recommends that paraprofessionals be authorized to assist petitioners in uncontested conservatorship and guardianship cases, with the following exception:

• Guardianships established in dependency court for parties entitled to court-appointed counsel.

FURTHER RESOLVED, that the California Paraprofessional Program Working Group recommends that paraprofessionals be authorized to provide full in-court representation for clients in uncontested conservatorship and guardianship cases.

RESOLVED, that the California Paraprofessional Program Working Group recommends that the following consumer debt and creditor harassment activities on behalf of natural persons be included and excluded from the paraprofessional program:

Included:

• Prelitigation cease and desist and prove-up letters; and
• Prelitigation negotiation of settlements, including payment plans

Excluded:

• All superior court litigation

RESOLVED, that California Paraprofessional Program Working Group recommends that legal paraprofessionals may represent natural persons in enforcement of small claims court judgments, and natural persons in limited jurisdiction post-judgment enforcement proceedings.

RESOLVED, that the California Paraprofessional Program Working Group recommends the following revised prerequisites for eligibility for the paraprofessional program:

1. JD or LLM degree from ABA or California Accredited or Registered law school; or
2. Paralegal qualified pursuant to Business and Professions Code section 6450(c); or
3. Legal Document Assistant qualified pursuant to Business and Professions Code section 6402.1(b)
   • Applicants who are admitted to the program pursuant to criterion three are not eligible for a waiver of educational or experience requirements.

RESOLVED, that the California Paraprofessional Program Working Group amends its February 26, 2021, resolution regarding geographic areas to be included in the initial phase of the program, by adding the following Northern California counties:

• El Dorado
• Placer
• Sacramento
• Yuba

RESOLVED, that the California Paraprofessional Program Working Group recommends that paraprofessionals not be authorized to act as appointed counsel in case types that are within the purview of the Family, Children and Custody Subcommittee.

RESOLVED, that the California Paraprofessional Program Working Group recommends that the resolution regarding violence prevention adopted at the June 10, 2021 meeting be amended as follows:

RESOLVED, that the California Paraprofessional Program Working Group recommends that paraprofessionals be authorized to provide representation in violence prevention matters, including domestic violence, elder or dependent adult abuse, gun violence, civil harassment, and workplace violence.

FURTHER RESOLVED, that the California Paraprofessional Program Working Group recommends that paraprofessionals be authorized to provide full in-court representation, excluding jury trials, with the following exceptions:

• Domestic violence hearings involving children.
• If expert witness testimony will be introduced, paraprofessionals are prohibited from introducing or cross- examining expert witnesses.

RESOLVED, that the California Paraprofessional Program Working Group recommends that the resolution regarding representation in residential landlord-tenant matters adopted by the California Paraprofessional Program Working Group on April 19, 2021, be amended as follows:

RESOLVED, that the California Paraprofessional Program Working Group recommends that paraprofessionals are authorized to assist clients in residential landlord tenant matters, including unlawful detainer actions.

• Representation is limited to tenants, and landlords who own no more than two units;
• In unlawful detainer matters, paraprofessionals may provide in- court representation for motion hearings and default prove- ups;
• Paraprofessionals may not provide in-court representation in bench trials or jury trials;
• During unlawful detainer trials, paraprofessionals may assist their clients by sitting at counsel table, to provide advice and guidance, and may respond to direct questions from the judge;
• Aside from unlawful detainer matters and small claims assistance, paraprofessionals may not represent or assist clients in court or out of court in superior court litigation in landlord- tenant disputes.

FURTHER RESOLVED, that the California Paraprofessional Program Working Group recommends that, in addition to required disclosures about the availability of a free attorney through a local legal services program to those who qualify, paraprofessionals are required to advise clients of availability of a right to counsel program, or must certify that no such program exists, in their county.

FURTHER RESOLVED, that the California Paraprofessional Program Working Group recommends that the Working Group and the State Bar Board of Trustees express strong support for establishing and funding a right to counsel in unlawful detainer proceedings. Moreover, it should be clear that paraprofessional licensing in this area is meant to supplement and not undermine establishment and funding of a right to counsel. In particular, a justice gap continues to exist; paraprofessionals will not be authorized to represent litigants at trial and free attorneys may not be available due to income- restrictions placed on right-to-counsel programs, legal services funding and capacity issues, or because local jurisdictions have not yet implemented or fully funded a right to counsel in their jurisdiction. Paraprofessionals also may participate with legal services programs to provide free or low-cost legal services.

FURTHER RESOLVED, that the California Paraprofessional Program Working Group recommends that for landlord tenant matters on behalf of tenants, disclosures specifically include that Paraprofessionals are not licensed to provide in-court representation at trial and if the case goes to trial, having an attorney is strongly recommended.

RESOLVED, that the California Paraprofessional Program Working Group recommends adoption of the Paraprofessional Rules of Professional Conduct proposed by the Regulation Subcommittee, with the exception of the following rules: 1.4.1, 1.4.2, 1.4.3, 1.5, 1.5.1, 1.5.2, 1.17, 3.5, 5.3.1, 5.4, 7.2, and 7.3, which will be individually be considered by the Working Group.