Pro se Perspective on “Independent” Paralegals and UPL

I have received some responses to my post of Efrem Martin’s email on the Colorado State Bar Association’s charge that he is engaged in UPL. Here is on from the perspective of pro se litigants.

Dear Professor Monge,
I am responding to your request for comments on your post regarding Mr. Martin and UPL.  I am a pro se litigant and founder of the National Association of Pro Se Litigants, Inc. (NAPSL)   I fully support Mr. Martin because I could have used a paralegal’s support services while I was engaged as a pro se plaintiff in complex litigation in Prince George’s County Maryland.  I believe UPL is just one of the numerous measures that the ABA and the legal community at large has used to oppress average citizens and prevent them from exercising their rights.

I believe that the legal landscape nationwide will change overnight if Efrem Martin, challenges the State of Colorado and the Colorado State Bar Association in Federal Court over the constitutionality of Unauthorized Practice of Law Statutes in that State … and HE WINS!  I am praying to God that he does.
I believe that the State Bar’s claim that prohibiting paralegals from providing services directly to the public as a means to protect the public is a ruse. I think UPL statutes are in place solely to stamp out competition and to force the public to pay UNREGULATED attorney fees upwards of $400 per hour.  This is evidenced by the fact that the UPL investigation against Mr. Martin was not initiated by a member of the public who allegedly needed to be protected, but by Colorado Attorney, Byron Large, an attorney that Mr. Martin believes felt threatened that Mr. Martin was encroaching upon his [Large’s] business.  I support Mr. Martin and have distributed his story in NAPSL’s newsletter.  Nothing but support from the Pro Se Community is pouring in.
Denying paralegals the right to assist pro se litigants directly should be illegal in every state.  Pro se litigants have a right to paralegal and legal secretarial support services just like attorneys.  I find the UPL to be strikingly like slavery laws which prohibited slaves from learning to read and write, both have the effect of keeping a group within the public ignorant, and when people are ignorant, they are oppressed!
Thats just my little humble opinion.
Deirdre Glascoe
Executive Director
National Association of Pro Se Litigants, Inc.

There is some support for the position that paralegals ought to be able to assist the public without the supervision of attorneys in Canada and Great Britain. In Great Britain, for example, it appears paralegals have much greater leeway based on a common law right of British citizens to select there representatives. I have met with a paralegal who runs an independent office where he supervises other, less experienced and educated, paralegals.

Some Canadian provinces allow paralegal representation by licensed paralegals. It is on this point, perhaps, that the discussion should focus. Under our present system, attorneys are licensed and regulated to protect the public, but paralegals are not. The protection to the public comes from attorney supervision. If paralegals are allowed to operate without the supervision of attorneys for the benefit of the public, then must they be licensed and regulated for the protection of the public?

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2 Comments

  • Richard Schatzel JD says:

    In America it’s organized crime when it comes to the regulation of attorneys and Para legals. The florida Supreme Court regulates the Legal profession through a private corporation ( the BAR, and The Bar Examiners) which is a pseudo agency. The United states Constitution, and the State Constitution prohibit a bifurcation of the Supreme Court. These Agencies are not proper and do not have proper legal authority or Jurisdiction.

    Richard E. SChatzel

  • […] would argue that this is really an attempt to maintain the monopoly the bar has on providing legal service, i.e., it is a move to eliminate all competition so they can […]

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