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Last Post 31 May 2024 10:23 PM by  CandaceMitchell
R-24-0040 Petition to Amend Rule 31.3(e)(4), Rules of the Supreme Court of Arizona
 36 Replies
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Author Messages
CandaceMitchell
New Member
Posts:6 New Member

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10 Jan 2024 06:18 PM
    Candace J. Mitchell, L.P.
    Veritas Family Law, LLC
    4915 W Bell Road Ste. F-204
    Glendale, Arizona 85308
    Phone: (623)695-6953
    [email protected]

    This petition proposes to amend Rule 31.3(e)(4) of the Supreme Court rules to change the tile of Legal Paraprofessionals to the title of "Legal Practitioner". The Petition includes an Appendix that includes a Joint Statement prepared by Candace J. Mitchell and includes the support of other licensed Legal Paraprofessionals.

    Filed: January 10, 2024

    Would amend Rule 31.3(e)(4) of the Rules of the Supreme Court of Arizona to replace the references to “Legal Paraprofessionals” with the phrase “Legal Practitioners.”

    Comments must be submitted by no later than Wednesday, May 1, 2024, and any reply by a petitioner must be submitted no later than Monday, June 3, 2024.
    Attachments
    Leslie
    New Member
    Posts:1 New Member

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    01 Feb 2024 05:35 PM
    Leslie Martinez, LP
    11260 N. Tatum Blvd., Suite 143
    Phoenix, AZ 85028
    [email protected]

    I am a Legal Paraprofessional and many people are confused on the title. I am in full support of changing the name. I believe the community will be able to understand the new roles of the LP with the name change.
    Randi Partain, LP
    New Member
    Posts:1 New Member

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    07 Mar 2024 04:51 PM
    Randi Partain, LP
    1630 S. Stapley Drive, Suite 200
    Mesa, AZ 85204
    [email protected]

    As a Legal Paraprofessional (LP), I advocate for changing the title. The current term is confusing to most and fails to accurately convey the role we (LPs) are authorized and licensed to fill. While "paraprofessional" traditionally implies delegation without full professional licensure, LPs possess both licensure and qualification. Employing a more precise and relevant title would enhance clarity within the community.
    Stacy Portonova
    New Member
    Posts:1 New Member

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    07 Mar 2024 05:27 PM
    Stacy Portonova
    Legal Paraprofessional
    Ellsworth Family Law PC
    1630 S. Stapley Drive, Suite 200
    Mesa, Arizona 85204
    (480) 635-8700
    [email protected]

    I support the amendment. Thus far I have found, the designation of legal paraprofessional has not been very clear and tends to confuse potential clients.

    Thank you.
    Michael Newman
    New Member
    Posts:1 New Member

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    14 Mar 2024 08:37 PM
    Michael Newman, Law Student
    1625 N Camilla Blvd. #4
    Tucson, AZ 85716
    [email protected]

    I am a student of law, with the intention of testing for an LP license. Most people to whom I speak about the license and the Access to Justice movement confuse Legal Paraprofessional with Paralegal. I believe this name change would confer more professionalism to the title, and make it clear that LPs not only serve the legal field, but practice law as well.
    Martha E Rodriguez
    New Member
    Posts:1 New Member

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    27 Mar 2024 05:23 PM
    Posted By Martha Rodriguez March 27, 2024
    Martha E Rodriguez, BS. CPC Univ Of AZ Law Student, Masters of Legal Studies anticipated December 2024.
    485 S Watson Road Ste. 103-#134
    Buckeye AZ. 85326
    [email protected]

    The name change is supported by me. I will complete my studies in the Paraprofessional Law courses in December, already I have been asked will I be a paralegal. And than the conversation swings to Oh ok you will work for an attorney, and i explain that I have the option of being independent. So much explanation about the title is often needed. Where as the description or title Law Practitioner would need no explanation.
    I could simply answer the question by saying as a Law Practitioner I will assist with legal matters within the limitations and scope of my license.
    Staci Maret
    New Member
    Posts:2 New Member

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    28 Mar 2024 04:12 PM
    Staci Maret, Legal Paraprofesional
    303 E. Gurley Street #127
    Prescott, AZ 86301
    602-833-7479
    928-857-8277
    [email protected]
    www.maretlaw.com

    I am a legal paraprofessional and support the Petition to Amend. I have been licensed for more than 2 years and still find myself overexplaining my role and license. In the legal community, there remains confusion I may be a licensed paralegal. I believe this confusion is supported by the similarities in the title - i.e., - para. In the general public, there is even more confusion as the word paraprofessional means without a license. The license was created to assist the general public with access to justice. If the general public believes there is now a licensed paralegal who can give legal advice and provide representation in court, the door is open to an increase in the unauthorized practice of law. The license is based on the same premise as a nurse practitioner. The title legal practitioner makes the most sense. LPs are practicing law.
    Denise Blommel
    New Member
    Posts:1 New Member

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    28 Mar 2024 10:43 PM
    Denise M. Blommel, Attorney
    Denise M. Blommel, PLLC
    6945 E. Sahuaro Drive, Suite 125
    Scottsdale, AZ 85254
    480-247-7477

    I respectfully oppose the above-captioned Petition. There is a great deal of confusion that may be caused by the public not understanding that a "Legal Practitioner," unlike a Nurse Practitioner, is not required to be supervised. The "paralegal" is now well-known to the public through countless depictions in the media. The Legal Paraprofessional will also be understood to mean an individual who has limits to what can be done for the "client." Paraprofessionals are well-known in the educational community. Again, these "paras" have limits. The "Legal Practitioner" name, on the other hand, does not connote any limitation on the services to be provided.
    I appreciate the Court looking at the "big picture" of what is being proposed, rather than the current LPs trying to rebrand themselves.
    Thank you for your kind attention.
    Denise M. Blommel, Attorney
    State Bar Number 05388
    [email protected]
    www.azlaborlaw.com
    Linda Marie Brown
    New Member
    Posts:4 New Member

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    29 Mar 2024 01:34 PM
    Linda Marie Brown
    Black Mountain Law Offices, PLLC
    2020 Silver Creek Road, Suite A220
    Bullhead City, AZ 86442

    I strongly oppose this proposal as a practitioner is a person who can advise and "practice" law. A licensed document preparer is just that, they can only prepare documents. Allowing preparers the use of word "practitioner" in their title is misleading to the public and gives the appearance that the person can actually practice law. In my opinion, there is a whole leap between a preparer and a practitioner as practitioners can advise on the law wherein a preparer can only prepare legal documents. Why mislead the public. I support the use of the name "Legal Document Preparer" with the designation of LDP which is just who a LDP is and not a practitioner. This is NOT medicine wherein they allow persons to be nurse practitioners. In those instances, NP are clearly labeled "nurse" to show the limitations of their services to the public. If document preparers were permitted to use the term "practitioner", this does not give the public any sense of limitations. Practitioner is defined as a person who practices a profession or art. A profession is defined as prolonged training and a formal qualification. Many lawyers have gone to law school, studied to take a state bar exam, and continue to maintain dues and CLE credits to obtain and maintain their status as a licensed legal practitioner, one qualified to "practice" law and not one who is qualified to "prepare" legal documents. In my opinion, there is a big difference and to allow this petition to pass would certainly mislead the public.
    Staci Maret
    New Member
    Posts:2 New Member

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    01 Apr 2024 03:58 PM
    Staci Maret, Legal Paraprofessional
    303 E. Gurley Street #127
    Prescott, AZ 86301
    602-833-7479
    928-857-8277
    [email protected]
    www.maretlaw.com

    Hi Linda - I think your concern supports our position. A legal paraprofessional is a person who is licensed to give advice and "practice" law. I have been licensed to practice family law since 2021. I give advice, appear in court, and have my own law firm. A document preparer most certainly cannot provide advice or practice law. It is imperative the public and the legal community understands our role. I would be happy to dicuss further. Thank you.
    Dan Riley
    New Member
    Posts:1 New Member

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    01 Apr 2024 05:17 PM
    Ms. Brown’s comment underscores why this petition should be granted. The term “Legal Paraprofessional” is so confusing that even members of the Bar mistakenly conflate legal paraprofessionals with document preparers. Legal paraprofessionals do more than “just…prepare documents.” They advise clients as to their rights, file motions, conduct discovery, and appear on their clients’ behalf in court. In short, they practice law. Legal paraprofessionals go through prolonged training and must pass a formal qualification exam. They are dues-paying members of the Bar and are subject to all the same rules regarding ongoing education. In other words, they meet all the standards Ms. Brown says should apply to someone using the title of practitioner.

    The term “Legal Practitioner” is a clearer title. It more accurately reflects the type of work performed by a legal paraprofessional. I have had the pleasure of handling a dozen or so family law cases with legal paraprofessionals and have found them to be highly skilled and effective. The term, legal practitioner, is one the public is more likely to understand because the public is already familiar with the role of nurse practitioners in the medical field.

    I support this petition.

    Dan Riley, Esq., CQP
    Board-Certified Specialist in Family Law
    Certified QDRO Professional
    112 N. Central Ave.
    Suite M07
    Phoenix, AZ 85004
    Phone: 602-640-0719
    Mandi Hemming
    New Member
    Posts:1 New Member

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    01 Apr 2024 05:44 PM
    Mandi Hemming, LP
    Hemming Family Law
    1910 S. Stapley Rd., Suite 221
    Mesa, Arizona 85204
    (480) 688-5163
    [email protected]

    As a Legal Paraprofessional (LP), I support the proposed amendment. With a background encompassing licensure as a Certified Legal Document Preparer prior to becoming an LP, and over two decades of service as a family law paralegal, I possess a comprehensive understanding of the nuances within legal support roles and how the public views the same. Having transitioned to the designation of a licensed LP, I am keenly aware of the common misperceptions surrounding the terminology, specifically with the word “paraprofessional.” The general public often mistakes the LP role as a licensed paralegal. In fact, I have had clients tell me they were a little confused at the beginning of representation because they thought a paraprofessional was someone like a teacher’s aide. It is imperative to clarify that LPs operate within a distinct framework of licensure and expertise. Contrary to the conventional definition of paraprofessionals, LPs undergo a licensing process and possess the qualifications to be designated as qualified practitioners. Thus, it is essential to rectify any misconceptions regarding the designation of LPs and underscore our status as fully licensed and qualified legal practitioners who may practice law within their designated endorsement.
    Linda Marie Brown
    New Member
    Posts:4 New Member

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    01 Apr 2024 07:33 PM
    Linda Marie Brown
    BLACK MOUNTAIN LAW OFFICES, PLLC
    2020 Silver Creek Road
    Suite A220
    Bullhead City, AZ, 86442
    (928) 299-2296

    Just to be clear, I understand the distinctions between a document preparer and legal paraprofessional and that they both fall under Ruke 31.3(e), but maintain my opposition to a name change While legal paraprifessional can perform more than a CDP, this proposal will add greater confusion to the public as to the distinction between a practitioner (attorney) and paraprofessional. Perhaps moving a legal paraprofessional from being joined with a document preparer under Rule 31 but I oppose the name change to practitioner becayse i believe that will confuse the public even more on who is an attorney and who is a paraprofessional with limited scope authorization.

    A paraptofessional is not a document preparer or paralegal but is not a practitioner and do not need go confuse the public more in identifying distinctions between an attorney ND the limited services a paraprofessioknal can perform. At the end of the day, I still maintain opposition to the name chase.
    Stephanie D. Villalobos
    New Member
    Posts:1 New Member

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    28 Apr 2024 02:26 PM
    Stephanie D. Villalobos, LP
    DE NOVO LAW
    4140 E. Baseline Rd., Suite 101
    Mesa, Arizona 85206
    (480) 725-2200
    [email protected]

    The only question is whether or not changing the title of the Arizona Legal Paraprofessional to “Legal Practitioner” would be beneficial to the public. Not whether LPs are attempting to rebrand themselves; or, whether non-lawyers should be permitted to practice law. The latter was approved by the Arizona Supreme Court in February of 2021, and today there are over 50 Legal Paraprofessionals licensed in the State of Arizona. It should be noted that the Arizona Supreme Court Task Force on the Delivery of Legal Services recommended a title that included Legal Practitioner. It is unclear the reason behind the change during the approval process; however, it has only caused confusion within the community hindering the growth of the profession and preventing mass public knowledge.

    Some comments in opposition to the change to Legal Practitioner are quite frankly evidence of why the change is necessary. Too many confuse the LP with Certified Legal Document Preparers and Certified Paralegals. LPs are not “certified”; rather, they are licensed by the State Bar of Arizona to practice law. Moreover, arguments that lawyers are “practitioners” and LPs are not, is completely illogical. LPs are in fact practicing law, just like an attorney, albeit in limited scope areas (family, civil, criminal, administrative). Nonetheless, to argue that an individual who is licensed to practice law is not a practitioner is non-sensical.

    After three years, there remains a significant disconnect with the public’s comprehension of the Legal Paraprofessional title and role. Even in the legal community there is a lack of knowledge as to how the LP is integrated within the practice of law. This appears to be solely due to the name. Paraprofessional by definition is “a person to whom a particular aspect of a professional task is delegated but who is not licensed to practice as a fully qualified professional.” In addition, a “paraprofessional” is regularly associated with work within the educational community.

    All too often LPs find themselves having to repeatedly explain what a Legal Paraprofessional is, and even then, it is equated to a Paralegal. This is likely due to the “Para” in Paraprofessional. When it is explained to be similar to that of the Nurse Practitioner in the medical field, only then does the community begin to understand. Consistency can aide in comprehension, which undoubtedly would benefit the public, as well as the legal community.

    This disconnect caused by the title appears to be hindering the growth of the profession and ultimately its purpose – to close the gap of the staggering access to justice issues the nation faces. The title plays a crucial role in expanding the purpose behind creating this licensure. This expansion would not only serve the Arizona community, but also the community nationwide as other states follow Arizona’s lead in establishing a non-lawyer legal service provider program and licensure.

    I fully support this petition.
    afoster
    New Member
    Posts:18 New Member

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    29 Apr 2024 12:35 PM
    Samuel A. Thumma
    Chair, Arizona Commission on Access to Justice
    Judge, Arizona Court of Appeals
    Division One
    State Courts Building
    1501 West Washington Street
    Phoenix, AZ 85007-3329
    [email protected]
    Telephone: (602) 452-6700

    The Arizona Commission on Access to Justice has authorized Judge Sam Thumma, Chair, to submit this comment opposing Petition R-24-0040.
    Attachments
    SDean
    New Member
    Posts:1 New Member

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    30 Apr 2024 05:48 PM

    S. Dean RN-BSN
    Legal Practitioner Client
    10640 E Emelita Ave
    Mesa, AZ 85208
    520-431-5874

    I fully support the change in designation from Legal Paraprofessionals to the title of "Legal Practitioner". I see a lot of comments from people in the legal field. I would like to speak as someone who was searching out a Legal Paraprofessional. The name was too similar to paralegal and a lot of document preparation sites flooded my search. Because of this, finding the more affordable/attorney alternative legal practitioner proved tedious. For some, they may simply go with the more expensive, even though they can't afford it, attorney. I did not have that option. As I understand it, the purpose of a Legal Paraprofessional is to make available the more affordable option without sacrificing a well educated/well practiced representative in their specific field. This name change would help to serve that purpose in making representation more affordable without sacrificing fair legal counsel for families going through an often emotional and difficult time. Thank you for your consideration.
    Kristy Clairmont
    New Member
    Posts:2 New Member

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    30 Apr 2024 08:01 PM
    Kristy Clairmont
    Legal Paraprofessional Program Coordinator
    Professor of Practice
    University of Arizona
    James E. Rogers College of Law
    1201 E. Speedway Blvd
    Tucson, AZ 85721
    520-626-8526
    [email protected]

    Please see the attached comment in support of the proposed amendment.
    Attachments
    Kimberly Larkins
    New Member
    Posts:1 New Member

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    30 Apr 2024 09:25 PM
    Kimberly Larkins
    Resident of Surprise, Arizona
    [email protected]
    (623)570-7254

    I am a member of the public and am in support of the title change to "Legal Practitioner".

    My husband and I have personally utilized "paraprofessional" services recently and the title was very confusing to us in the beginning. Ms. Brown’s comment above is an example as to why this petition should be granted. Just as Ms. Brown, we were unaware that legal paraprofessionals do much more than prepare documents. We were informed of paraprofessional services via a document preparer and educated on the services provided and the difference between the two professsions. The title “Legal Practitioner” is appropriate for the services these professionals offer.

    I am in full support of this petition.

    Respectfully,
    Kimberly Larkins
    Elvis M
    New Member
    Posts:1 New Member

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    30 Apr 2024 09:47 PM
    Elvis Malfabon
    [email protected]
    10070 N. 85th Avenue #2263
    Peoria, AZ 85345

    I am a member of the public and I am in support of the title change to "Legal Practitioner".

    I have utilized Legal Paraprofessional services and I was initially under the impression they were equal to those of paralegal services. I believe the name change would provide a better understanding of the role to the general public.

    Regards,
    Elvis Malfabon
    Michelle Fox
    New Member
    Posts:1 New Member

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    01 May 2024 12:52 AM
    I am a member of the public and do not support the rule change. I believe it would be misleading and implies that one would be "practicing" law. It would lead to inaccurate assumptions.
    Thank you,
    Michelle Fox, DVM
    [email protected]
    480 244-8928
    Topic is locked
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