Licensed Legal Paraprofessionals
Are you involved in a divorce or child custody case and considering utilizing one of Colorado’s Licensed Legal Paraprofessionals to assist? An experienced divorce and child custody lawyer and team can guide you through the legal process to assist in exploring your options. You have one bite at the apple in the court system so make it count.
Colorado has a new program allowing for the provision of certain legal services by Licensed Legal Paraprofessionals (LPP). LLPs are paralegals who have taken some required coursework, such as legal ethics, performed a minimum number of hours of paralegal work, passed an exam, and have become licensed. They then must participate in continuing legal educational programs and also must adhere to the same ethical obligations as attorneys. LLPs are limited in the services that they can provide to those allowed in C.R.C.P. 207.1 and must provide a written disclosure of their representation limitations to clients. LLPs can work independently or as part of a law firm.
The LLP program began as an access to justice initiative as many Colorado citizens can not easily afford attorney’s fees. It is considered a best practice to set an LLPs billing rate in-between the rate of a paralegal and a new attorney. The first LLPs were licensed in June of 2024. Colorado will host subsequent testing and licensure. The program is new in Colorado and will evolve.
There are many ways that an LLP can assist clients. First, LLPs can communicate with the opposing party or attorney on behalf of a client. Second, they can prepare, sign and file pleadings, exhibits, sworn financial statements, financial disclosures and discovery. Third, they can assist clients in mediation and negotiation. Further, they can make opening and closing statements and answer judicial officer questions.
However, there are limitations on their representation. For example, they can not examine or cross examine witnesses, register foreign orders, handle jurisdictional contests or handle contempt matters. They also can not handle pre or post-nuptial marital agreements or cases involving trust assets or contested common law marriages. Further, They can not handle cases where expert testimony is required. LLPs are intended to handle non-complex matters, and they are expected to advise clients to consult with an attorney on complex matters per C.R.C.P. 207.1(2)(g)(xv).
Attorneys do retain some professional responsibility over LLPs in law firms. For this reason, usage of LLPs in law firms is evolving. As with any new program, there are bugs to work out. For example, some malpractice insurance carriers do not have special procedures in place to ensure LLPs as the program is recent in Colorado. C.R.P.C. 5.3A provides that a lawyer will be held responsible for a LLP’s violation of the rules of professional conduct if:
- The lawyer orders or ratifies the conduct consisting of a violation, or
- A lawyer with managerial authority knows of a violation but fails to take steps to remedy the violation.
A knowledgeable and experienced divorce and family lawyer and legal team can guide you through Colorado Springs divorce and family law matters by negotiating, mediating and litigating on your behalf. You can focus on moving on to a better future instead of spending your time attempting to navigate complex legal rules and procedures.
Sabra Janko from Janko Family Law has more than 20 years of legal experience and has written “the book” on Colorado divorce and family law – “Colorado Family Law With Forms”, published by LexisNexis, which you can find at https://store.lexisnexis.com/products/colorado-family-law-with-forms-skuSKU02903. Contact us at 719-344-5523 or complete our online scheduling request for a free 30-minute informational consultation.
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