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Section 7-210 : Legal Paraprofessional

Arizona Revised Statutes AnnotatedCode of Judicial AdministrationEffective: December 29, 2023

Arizona Revised Statutes Annotated
Code of Judicial Administration
Part 7. Administrative Office of the Courts
Chapter 2. Certification and Licensing Programs
Effective: December 29, 2023
AZ ST Code of Jud. Admin., § 7-210
Section 7-210: Legal Paraprofessional
Currentness
A. Definitions. In addition to the definitions in ACJA § 7-201(A), the following definitions apply to this section:
“Advocacy” means course content or practical experience that demonstrates and develops skills that are associated with conducting court hearings and trials, administrative hearings, mediation and arbitration, and settlement and plea negotiation.
“Board” means the Board of Nonlawyer Legal Service Providers.
“Certification” means achievement of subject area competency within an endorsement.
“Civil procedures course” means at least 3 credits from a course dedicated to civil procedure and the remaining required credits can be obtained through a course or courses that cover an area of civil law, such as administrative law, if the course includes procedural law content.
“Endorsement” means an area of practice in which a legal paraprofessional may be licensed.
“Experiential learning” means learning through a format such as an internship, externship or clinical experience during which students develop knowledge, skills, and values from direct experiences outside a traditional academic setting.
“Legal Paraprofessional” means an individual licensed pursuant to this section to provide legal services without the supervision of an attorney in the areas of law and within the scope of practice defined herein.
“Legal specialization course” means a course that covers substantive law or legal procedures and that was developed specifically for, and that teaches practical skills needed by, paralegals or legal paraprofessionals. For clarity, courses in general “business law” designed for undergraduate or graduate business curriculums and law-related courses that focus solely on theory do not qualify as a legal specialization course.
“Substantive, law-related experience” means the provision of legal services as a law clerk, paralegal, or paralegal student including, but not limited to, drafting pleadings, legal documents, or correspondence; completing forms; preparing reports or charts; legal research; and interviewing clients or witnesses in areas of practice in which the applicant seeks to be licensed. Substantive law-related experience does not include routine clerical or administrative duties or preparation of legal documents for an entity or member of the public engaged in self-representation.
B. Applicability. This section applies to individuals who provide legal services within the exception to the prohibition of the unauthorized practice of law set forth in Rule 31.3(e)(4), Rules of the Supreme Court, and this section. To provide legal services under this exception, individuals must hold a valid legal paraprofessional license, perform legal services only within the scope of the practice area(s) in which they are licensed, and comply with the other requirements for licensees in this section. No individual may claim to be a legal paraprofessional unless they hold an active license as a legal paraprofessional. This section is read in conjunction with ACJA § 7-201: General Requirements, and Rules 31 through 80, Rules of the Supreme Court, governing the practice of law. In the event of any conflict between the Rules of the Supreme Court, ACJA § 7-201, and this section, the Rules of the Supreme Court govern, followed by this section.
C. Purpose. The supreme court has inherent regulatory power over all lawyers or nonlawyers providing legal services to the public. Accordingly, this section provides for the effective administration of the legal paraprofessional licensing program.
D. Roles and Responsibilities.
1. Supreme Court. The supreme court establishes and administers a legal paraprofessional fund consisting of monies received for license fees, costs, and civil penalties. The supreme court is authorized to expend monies from the fund for the implementation, administration, and enforcement of the legal paraprofessional program.
2. Division Staff. The responsibilities of the Division's director, deputy director, and staff are as stated in ACJA § 7-201(D).
3. Board of Nonlawyer Legal Service Providers. The Board of Nonlawyer Legal Service Providers is established.
a. The board consists of eleven members appointed by the chief justice in the following categories:
(1) Two certified legal document preparers;
(2) Two legal paraprofessionals;
(3) One judge or court administrator;
(4) One clerk of the superior court or designee;
(5) One attorney;
(6) Two public members; and
(7) Two additional members.
b. The board must issue licenses to qualified applicants as provided in (E)(2) and (3).
c. On or before April 30 of each year, the board must file a report with the supreme court describing the status of the legal paraprofessional program. The report must include, but is not limited to, the following:
(1) The number of applications granted and declined during the previous calendar year;
(2) The number of licensed legal paraprofessionals as of December 31 of the previous calendar year;
(3) The number and nature of charges filed against legal paraprofessionals during the previous calendar year;
(4) The number and nature of complaints initiated by the state bar during the previous calendar year;
(5) Discipline imposed during the previous calendar year, the nature of the conduct resulting in discipline, and the discipline imposed; and
(6) Recommendations concerning modifications or improvements to the legal paraprofessional program.
4. The State Bar of Arizona. The state bar must provide the board with the following information:
a. On a calendar quarter basis:
(1) The number and nature of charges filed against legal paraprofessionals during the previous calendar quarter;
(2) The number and nature of complaints initiated by the state bar against legal paraprofessionals during the previous calendar quarter;
(3) Discipline imposed on legal paraprofessionals during the previous calendar quarter and the nature of the conduct leading to the discipline, and the discipline imposed; and
(4) The current list of licensed legal paraprofessionals that the state bar must submit to the clerk of the supreme court.
b. On or before January 31 of each year:
(1) The number of licensed legal paraprofessionals as of December 31 of the previous year; and
(2) Recommendations concerning modifications or improvements to the legal paraprofessional program.
c. Such other information as the board may request to prepare its report to the supreme court under (D)(3)(c).
E. Licensure. In addition to the provisions of ACJA § 7-201(E), the following requirements apply:
1. License Required. A person must not represent that the person is a legal paraprofessional, or is authorized to provide legal services, without holding a valid license issued in compliance with this section in one or more of the following practice areas:
a. Family law.
b. Civil.
c. Criminal law.
d. Administrative law.
e. Juvenile law.
2. Examination.
a. Timing of Examination. Before applying for licensure, a prospective applicant must achieve a passing score on the legal paraprofessional examination.
b. Administration of Examination. The procedures for examinations, which includes reexaminations, are as stated in ACJA § 7-201(E), legal paraprofessional examinations must be administered using a board-approved format and delivery method.
c. Contents of Examination. The legal paraprofessional examination, prepared with the assistance of subject matter experts, must test:
(1) Legal terminology, substantive law, client communication, data gathering, document preparation, the ethical code for legal paraprofessionals, and professional and administrative responsibilities pertaining to the provision of legal services; and
(2) Substantive knowledge of the law in each subsection (F)(2) practice area in which the applicant seeks to be licensed.
3. Forms. When notifying a prospective applicant that they have achieved a passing score on the examination and satisfied the examination requirement, the division will provide the forms the prospective applicant must complete and submit to the division to apply for licensure.
4. Fingerprinting.
An applicant must comply with the fingerprinting requirements of ACJA § 7-201(E)(1)(d).
5. Qualifications. The board must grant a license to an applicant who demonstrates possession of the following qualifications in addition to the education or experience requirements in (E)(6):
a. Is a citizen or legal resident of the United States;
b. Is at least twenty-one years of age;
c. Has not been denied admission to the practice of law in Arizona or any other jurisdiction;
d. Has not been disbarred or suspended from the practice of law in Arizona or any other jurisdiction unless the applicant requests an exception that is approved by the supreme court;
e. Is of good moral character;
f. Complies with the laws, court rules, and orders adopted by the supreme court governing legal paraprofessionals in this state;
g. Has achieved a passing score on the legal paraprofessional examination, including a substantive law examination in each (F)(2) practice area in which the applicant seeks to be licensed;
h. The character and fitness for licensure including, but not limited to, a past and present record of honesty, trustworthiness, diligence, reliability, respect for law and legal institutions, respect for the ethical codes governing attorneys, and whether the applicant has:
(1) Been convicted of a misdemeanor involving a serious crime as defined in Rule 36(b)(2)(A), Rules of the Supreme Court, or of any felony;
(2) Engaged in unlawful conduct not resulting in conviction of a crime;
(3) Committed any act involving misconduct, dishonesty, a false statement or omission, fraud, deceit, or material misrepresentation;
(4) Engaged in abuse of legal process;
(5) Engaged in neglect of financial responsibilities;
(6) Neglected or disregarded ethical or professional obligations;
(7) Violated any order of a court, judicial officer, administrative tribunal, or professional regulatory entity;
(8) Engaged in conduct evidencing mental or emotional instability impairing the ability of the applicant to perform the duties and functions of a legal paraprofessional;
(9) Engaged in conduct evidencing substance abuse impairing the ability of the applicant to perform the duties and functions of a legal paraprofessional; and
(10) A history of any disciplinary complaints or disciplinary action by an attorney disciplinary agency or other professional disciplinary agency of any jurisdiction.
6. Education or Experience Requirement. The applicant must also have one of the following:
a. An associate-level degree in paralegal studies or an associate-level, bachelor's, or advanced degree in any subject plus a certificate in paralegal studies approved by the American Bar Association or offered by an institution that is accredited by an institutional accrediting agency recognized by the U.S. Department of Education or the Council for Higher Education Accreditation (CHEA) and that requires successful completion of a minimum of 24 semester units, or the clock hour equivalent, in legal specialization courses including a minimum of:
(1) For family law: 3 credit hours in family law, 6 credit hours in civil procedure, 3 credit hours in evidence, and 3 credit hours of legal research and writing.
(2) For civil law: 6 credit hours in civil procedure, 3 credit hours in evidence, and 3 credit hours of legal research and writing.
(3) For criminal law: 3 credit hours in criminal law, 3 credit hours in evidence, and 3 credit hours of legal research and writing.
(4) For administrative law: 3 credit hours in administrative law, 3 credit hours in evidence, and 3 credit hours of legal research and writing.
(5) For juvenile law: 3 credit hours in dependency law or completion of the Attorney General's Office internal employee dependency training program for potential legal paraprofessionals employed by the Attorney General's office, 3 credit hours in evidence, and 3 credit hours of legal research and writing.
(6) For all practice areas:
(a) A minimum of 3 credit hours in professional responsibility;
(b) A minimum of 120 hours or 3 credit hours of experiential learning, supervised by a licensed attorney or legal paraprofessional, that includes content on advocacy; and
(c) One (1) year of substantive law-related experience under the supervision of a lawyer or legal paraprofessional in the area of practice in which licensure is sought.
b. A bachelor's degree in law from an accredited college or university and approved by the Arizona Judicial Council, including a minimum of:
(1) For family law: 3 credit hours in family law, 6 credit hours in civil procedure, 3 credit hours in evidence, and 3 credit hours of legal research and writing.
(2) For civil law: 6 credit hours in civil procedure, 3 credit hours in evidence, and 3 credit hours of legal research and writing.
(3) For criminal law: 3 credit hours in criminal law, 3 credit hours in evidence, and 3 credit hours of legal research and writing.
(4) For administrative law: 3 credit hours in administrative law, 3 credit hours in evidence, and 3 credit hours of legal research and writing.
(5) For juvenile law: 3 credit hours in dependency law or completion of the Attorney General's Office internal employee dependency training program for potential legal paraprofessionals employed by the Attorney General's office, 3 credit hours in evidence, and 3 credit hours of legal research and writing.
(6) For all practice areas, a minimum of 3 credit hours in professional responsibility and a minimum of 120 hours or 3 credit hours of experiential learning, supervised by a licensed attorney or legal paraprofessional, that includes content on advocacy.
c. Attended a certification program, for credit or non-credit, for legal paraprofessionals approved by the Arizona Judicial Council; offered through an educational institution that is at least regionally accredited; and, while attending the certification program, the applicant must have completed:
(1) The credit hours, or equivalent clock hours, in courses required under (E)(6)(a) for the practice area in which licensure is sought; and
(2) The supervised hours of substantive law-related experience and experiential learning required under (E)(6)(a).
d. A Master of Legal Studies (MLS) degree from an American Bar Association accredited law school , including completion of at least:
(1) For family law: 3 credit hours in family law, 6 credit hours in civil procedure, 3 credit hours in evidence, and 3 credit hours of legal research and writing.
(2) For civil law: 6 credit hours in civil procedure, 3 credit hours in evidence, and 3 credit hours of legal research and writing.
(3) For criminal law: 3 credit hours in criminal law, 3 credit hours in evidence, and 3 credit hours of legal research and writing.
(4) For administrative law: 3 credit hours in administrative law, 3 credit hours in evidence, and 3 credit hours of legal research and writing.
(5) For juvenile law: 3 credit hours in dependency law or completion of the Attorney General's Office internal employee dependency training program for potential legal paraprofessionals employed by the Attorney General's office, 3 credit hours in evidence, and 3 credit hours of legal research and writing.
(6) For all practice areas, a minimum of 3 credit hours in professional responsibility and a minimum of 120 hours or 3 credit hours of experiential learning, supervised by a licensed attorney or legal paraprofessional, that includes content on advocacy.
e. A Juris Doctor (JD) degree from a law school accredited by the American Bar Association, or the foreign equivalent of a JD from a degree granting institution and a Master of Laws (LLM) degree from a law school accredited by the American Bar Association, that in either case included:
(1) For family law: 3 credit hours in family law, 6 credit hours in civil procedure, 3 credit hours in evidence, and 3 credit hours of legal research and writing.
(2) For civil law: 6 credit hours in civil procedure, 3 credit hours in evidence, and 3 credit hours of legal research and writing.
(3) For criminal law: 3 credit hours in criminal law, 3 credit hours in evidence, and 3 credit hours of legal research and writing.
(4) For administrative law: 3 credit hours in administrative law, 3 credit hours in evidence, and 3 credit hours of legal research and writing.
(5) For juvenile law: 3 credit hours in dependency law or completion of the Attorney General's Office internal employee dependency training program for potential legal paraprofessionals employed by the Attorney General's office, 3 credit hours in evidence, and 3 credit hours of legal research and writing.
(6) For all practice areas, a minimum of 3 credit hours in professional responsibility.
f. In lieu of the educational requirements in (E)(6)(a) through (e), has completed 7 years of full-time, substantive, law-related experience within the 10 years preceding application in each practice area in which the applicant seeks licensure.
7. Substantive Law-Related Experience. Establishing substantive law-related experience requires written certification by a supervising attorney or legal paraprofessional. The certification must include:
a. The name and Bar number of all supervising lawyers or legal paraprofessionals;
b. A statement that the work experience meets the requirement for substantive law-related experience, as defined in (A), in the practice area in which the applicant seeks licensure; and
c. The dates of the applicant's employment by or service with all supervising lawyers or legal paraprofessionals.
8. Professionalism Course. A newly-licensed legal paraprofessional must complete the state bar-approved course on professionalism within one year before or after initial licensure. A newly-licensed legal paraprofessional who fails to complete this requirement may be summarily suspended by the Board of Governors of the State Bar of Arizona on the request of the state bar counsel under Rule 62, Rules of the Supreme Court, provided that a notice by certified, return receipt mail of non-compliance has been mailed to the legal paraprofessional's last address of record at least 30 days before suspension.
F. Conduct of Licensees.
1. Authorized Services. A licensed legal paraprofessional may provide legal services in the areas of practice for which they are licensed as follows:
a. Legal Services. A licensed legal paraprofessional is authorized to provide the following legal services without the supervision of an attorney:
(1) Prepare and sign legal documents;
(2) Provide specific advice, opinions, or recommendations about possible legal rights, remedies, defenses, options, or strategies;
(3) Draft and file documents, including initiating and responding to actions, related motions, discovery, interim and final orders, and modification of orders, and arrange for service of legal documents;
(4) Appear before a court or tribunal on behalf of a party, including mediation, arbitration, and settlement conferences where not prohibited by the rules and procedures of the forum; and
(5) Negotiate legal rights or responsibilities for a specific person or entity.
b. Scope of Practice. A legal paraprofessional's authorization to provide legal services in a practice area is as follows:
(1) Family Law. Legal paraprofessionals licensed in family law may render authorized services in:
(a) Domestic relations, except that they may not provide services in the following areas unless the legal paraprofessional has met additional qualifications as established by the supreme court for:
(i) Preparation of a Qualified Domestic Relations Order (QDRO) and supplemental orders dividing retirement assets.
(ii) Division or conveyance of formal business entities or commercial property.
(iii) An appeal to the court of appeals or supreme court.
(b) Adoption, to assist clients in all aspects of the adoption process, if the legal paraprofessional has met additional qualifications as established by the supreme court.
(2) Civil. Legal paraprofessionals licensed to practice in civil law may provide authorized services in any civil matter that is or could be in a municipal or justice court of this state other than matters in which a licensed attorney is not permitted to appear.
(3) Criminal Law. Legal paraprofessionals licensed in criminal law may render authorized services:
(a) At any initial appearance or, when the defendant is not represented by counsel in subsequent criminal proceedings, for the limited purpose of advocating for release of a defendant from pretrial detention.
(b) For criminal misdemeanor matters in a municipal or justice court of this state that is not subject to a penalty of incarceration upon conviction, whether by law or by agreement of the prosecuting authority and trial court.
(4) Administrative Law. Legal paraprofessionals licensed in administrative law may engage in providing authorized services before any Arizona administrative agency that does not preclude practice by legal paraprofessionals. Legal paraprofessionals licensed in administrative law are not authorized to:
(a) Represent any party in an appeal of an administrative agency's decision to a superior court, the court of appeals, or the supreme court except for filing an application or notice of appeal.
(b) Represent any lawyer or legal paraprofessional before the supreme court, presiding disciplinary judge, or any board, committee, or hearing panel.
(5) Juvenile Law. Legal paraprofessionals licensed in juvenile law may render authorized services in:
(a) Juvenile dependency proceedings for any party, except that they may not:
(i) Conduct a contested dependency adjudication;
(ii) Conduct a contested termination adjudication proceeding; or
(iii) Represent any party in a matter in which the child named in the petition is subject to the Indian Child Welfare Act (ICWA) as defined in Rule 102, Arizona Rules of Procedure for the Juvenile Court.
(b) Adoption, to assist clients in all aspects of the adoption process, if the legal paraprofessional has met additional qualifications as established by the supreme court.
2. Code of Conduct. Each legal paraprofessional must abide by the code of conduct in subsection (J).
3. Identification. Legal paraprofessionals must include their name, the title “Arizona Legal Paraprofessional” or the abbreviation “LP,” and their legal paraprofessional license number on all documents they prepare, unless expressly prohibited by a non-judicial agency or entity. Legal paraprofessionals must also provide their name, title, and license number to any person upon request.
4. Notification of Discipline. A licensed legal paraprofessional whose license to practice law is revoked, suspended or disbarred in any jurisdiction must provide notice of and information about the revocation, suspension or disbarment to the board and the state bar within 30 days of service of the notice of the revocation, suspension or disbarment.
5. Notification of Denial of Admission. A licensed legal paraprofessional who is denied admission to the practice of law in any jurisdiction must provide notice of and information about the denial to the board and the state bar within 30 days of service of the notice of the denial.
G. Complaints, Investigation, Disciplinary Proceedings, and Continuing Legal Education. The Supreme Court Rules governing complaints, investigations, discipline, sanctions, reinstatement, continuing legal education, and public access to state bar records are applicable to legal paraprofessionals, with the following modifications:
1. Rule 44 is not applicable to legal paraprofessionals.
2. Rule 60(a)(1) is applicable to legal paraprofessionals, except that the term “revocation” replaces the term “disbarment.”
3. Reinstatement proceedings under Rules 64 and 65, Rules of Supreme Court, are applicable to legal paraprofessionals, except the term “revoked” or “revocation” replaces the term “disbarred” or “disbarment.”
H. Policies and Procedures for Board Members. The policies and procedures applicable to board member are as provided in ACJA § 7-201(I).
I. Continuing Legal Education Policy.
1. Purpose. Ongoing continuing legal education (“CLE”) is one method to ensure legal paraprofessionals maintain competence in the field after licensure. Continuing education also provides opportunities for legal paraprofessionals to keep abreast of changes in the profession and the Arizona judicial system.
2. Applicability. All legal paraprofessionals must comply with the continuing education requirements of Rule 45, Arizona Rules of Supreme Court. Continuing education must relate to the practice area in which the legal paraprofessional is licensed to practice.
J. Code of Conduct. All legal paraprofessionals in the State of Arizona must abide by the following code of conduct establishing the rules of professional conduct and minimum standards for performance by legal paraprofessionals.
1. Ethics. A legal paraprofessional is bound by Rule 42, Rules of the Supreme Court, Arizona Rules of Professional Conduct, as follows:
a. “Legal paraprofessional” or “legal paraprofessionals” is substituted for “lawyer” or “lawyers”.
b. References to “applicant” or “applicant for admission to the state bar” are read as “applicant for a legal paraprofessional license.”
c. References to “admission to practice” or “admitted to practice” are read as “licensed as a legal paraprofessional.”
d. ER 5.5(a) and (b) apply to legal paraprofessionals. ER 5.5(c) through (h) are not applicable to legal paraprofessionals.
2. Professionalism. A legal paraprofessional must abide by Rule 41, Rules of the Supreme Court, with the exception of the Oath of Admission to the Bar.
3. Trust Accounts. A legal paraprofessional must abide by Rule 43, Rules of the Supreme Court.
4. Insurance Disclosures. A legal paraprofessional must abide by Rule 32(c)(13), Rules of the Supreme Court.
5. Performance in Accordance with Law. A legal paraprofessional must:
a. Perform all duties and discharge all obligations in accordance with applicable laws, rules, or court orders.
b. Not represent that the legal paraprofessional is authorized to provide legal services that are not authorized by this section or are not within the scope of practice in the areas for which they are licensed.
c. Not use the designations “lawyer,” “attorney at law,” “counselor at law,” “Esq.,” or other equivalent words, the use of which is reasonably likely to induce others to believe the legal paraprofessional is authorized to engage in the practice of law beyond that allowed by a license issued under this section. Any communications by a licensed legal paraprofessional in connection with providing services must clearly identify the licensee as a licensed legal paraprofessional.
d. Not provide any kind of advice, opinion or recommendation about possible legal rights, remedies, defenses, options, or strategies unless the legal paraprofessional is licensed in the practice area and doing so is within the scope of the practice area.
e. Inform the client in writing that a legal paraprofessional is not a lawyer and cannot provide any kind of advice, opinion, or recommendation to a client about possible legal rights, remedies, defenses, options, or strategies, or authorized legal services that are not within the scope of a practice area in which they are licensed.
f. Comply with the Arizona Rules of Procedure governing the scope of the legal paraprofessional's authorized practice area, but, where “lawyer,” “attorney,” or other equivalent words are used, substitute “legal paraprofessional” for any procedural rule governing conduct within the legal paraprofessional's scope of practice in (F)(1).
K. Fee Schedule.
1. Application Fees.
a.
Application Fee; Initial Licensure
$300.00
b.
Fingerprint Application Processing--rate set by Arizona law and is subject to change.
2. Examination Fees.
a.
Core Skills Test
$100.00
b.
Core Skills Test Reexaminations
$100.00
(For any applicant who does not pass the examination on the first attempt. The $100 fee applies to each reexamination.)
c.
Core Skills Test Reregistration for Examination
$100.00
(For any applicant who registers for an examination date and fails to appear at the designated site on the scheduled date and time.)
d.
Subject Matter Test
$150.00
e.
Subject Matter Test Reexamination
$150.00
(For any applicant who does not pass the examination on the first attempt. The $150 fee applies to each reexamination.)
f.
Subject Matter Test Reregistration for Examination
$150.00
(For any applicant who registers for an examination date and fails to appear at the designated site on the scheduled date and time.)
3. Miscellaneous Fees.
a.
Application. Printed Application for Admission or Character Report (materials available online for free)
$ 20.00
b.
NSF Fee
$ 40.00
c.
Document Deficiency Fee: assessed if required supporting documents are not filed with application.
$100.00
d.
Public Record Request per Page Copy
$ 0.50
e.
Certificate of Correctness of Copy of Record
$ 18.00
f.
Additional License Fee
$150.00
(For each additional practice in which licensure is sought more than one year after the initial application)
4. Annual Dues for Arizona State Bar Affiliate Members. Each person licensed as a legal paraprofessional is subject to the membership fees and requirements of Rule 32(c), Rules of the Supreme Court.

Credits

Effective January 1, 2021. Amended December 8, 2021, effective January 1, 2022; amended effective March 29, 2023; December 29, 2023.
AZ ST Code of Jud. Admin, § 7-210, AZ ST CJA § 7-210
State Court Rules are current with amendments received through May 15, 2024. The Code of Judicial Administration is current with amendments received through May 15, 2024.
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