I Don't Know What I'm Doing: Using Limited License Legal Technicians in Family Court to Improve Access to Justice

Abstract

‘I don't know what I'm doing’ ‐ a phrase often uttered by pro se litigants. The number of pro se litigants appearing in family court proceedings is on an upward trend. Steps must be taken to assist pro se litigants navigate the muddy waters of the family court system. The concept of trained paraprofessionals to assist pro se litigants in court has garnered interest in recent years. Incorporating these trained paraprofessionals into preexisting court based pro se assistance programs or introducing them in the form of a new pro se assistance program could help address the access‐to‐justice gap among the growing number of pro se litigants in family court. This Note proposes a model admission and practice rule that will set guidelines for the implementation of limited license legal technicians in family court. The model rule would (1) authorize limited license legal technicians to render limited legal assistance or advice in family law; (2) set conditions and limitations for the provision of such services; and (3) outline education requirements, continuing license requirements, and ethical standards for limited license legal technicians.