The Promise and Pitfalls of Arizona’s Legal Paraprofessional Experiment
Arizona has become a testing ground for reimagining who can provide legal services. A few years ago, the state introduced the Legal Paraprofessional (“LP”) license, allowing non-lawyers—after meeting certain education and experience requirements—to represent clients in limited areas, including family law.
Recently, a proposal was introduced that would have allowed non-lawyers to represent criminal defendants. This measure was rejected.
At first glance, these reforms sound like progress. They are rooted in an important reality: far too many Arizonans face life-changing legal problems without access to affordable counsel. But as someone who practices daily in family and criminal courts, I believe the “in theory vs. in practice” divide matters deeply.
Access to Justice vs. Competency of Representation
The goal is admirable: create more affordable options for litigants who cannot afford a lawyer. Family law, in particular, is one of the most overwhelming areas for self-represented parties. Having someone knowledgeable about procedures, forms, and court expectations can make the difference between being heard and being lost in the system.
But legal practice is not just about filling out paperwork.
In family and criminal cases, the issues are often complex, fact-intensive, and driven by nuanced statutes and case law. Parenting-time disputes, domestic violence allegations, constitutional rights in criminal defense—these are not “simple” matters. They require careful analysis, strategic judgment, and advocacy skills that come only from extensive legal training and experience.
Oversight and Accountability Concerns
Attorneys are bound by strict ethical rules and disciplined by the State Bar if they fall short. While LPs are subject to a regulatory framework, it is still developing and less tested. The public deserves the assurance that those representing them will be held to equally rigorous professional standards, especially when children, liberty, or financial futures are at stake.
The Risk of a Two-Tiered System
There is also the danger of creating a two-tiered justice system. Wealthier litigants will continue to hire attorneys, while those with fewer resources may be left with paraprofessionals whose training, while valuable, may not be sufficient for the complexity of the issues at hand.
A Better Path Forward
Arizona was right to reject the expansion of LP practice into criminal defense. The liberty interests at stake are simply too high. But even in family law, where LPs are currently authorized, courts and policymakers should tread carefully.
Improving access to justice requires solutions that balance affordability with quality—whether through increased funding for legal aid, expanded pro bono efforts, or creative fee structures that keep full attorney representation within reach.
The stakes in family and criminal law are too high to settle for anything less.