Paralegals will be allowed to represent clients in certain civil matters, including divorce cases, under a state Senate bill introduced at the request of the Oregon State Bar.

Senate Bill 306 was signed into law by Governor Tina Kotek on May 8, 2023. The law creates new licensing and oversight measures for paralegals. These measures will allow paralegals who meet the requirements to represent clients in certain eviction-related and family law cases. 

According to the Oregon State Bar, “Licensed paralegals will have specific requirements for education and experience and will be subject to many of the same rules and regulatory requirements that currently apply to lawyers.” 

The bill doesn’t automatically allow all paralegals to represent clients, nor does it require paralegals to provide representation. Rather, the bill creates a method by which paralegals can become qualified to represent clients in eviction and family law cases if they wish to do so. 

Creating New Paths to Representation for Divorcing Spouses

According to the Oregon Judicial Department, more than 75 percent of eviction and family law cases record that at least one party is representing themselves. These parties, known as “pro se litigants,” are at a disadvantage against a party that does have an attorney. 

Often, pro se litigants represent themselves because they cannot afford to work with an experienced attorney一or they believe they cannot afford to speak to one. The new bill seeks to help these litigants by providing an alternative solution so that they can seek the legal help they are entitled to.  

Court rules require courts to treat pro se litigants as if they know the court rules and are able to represent themselves with the same care as an attorney would. However, most pro se litigants have little or no experience in the court system. Even those who do have some experience face a double challenge: Meeting all the requirements of representation while also juggling the fact that their home, property, or relationship with their children is at stake. 

Recognizing the high stakes and serious disadvantages pro se litigants face, the Oregon State Bar has worked on a method of licensing paralegals since 2019. The results appear in the recently passed Senate Bill 306. 

Weighing the Pros and Cons of Oregon Paralegal Licensure

Supporters of the bill include the Oregon State Bar, the Oregon Law Center, the Oregon Judicial Department, and the Oregon Supreme Court. Skeptics include many attorneys who voiced concerns that paralegals wouldn’t receive adequate training to provide the same high-quality, experienced representation an attorney can provide.

Yet not all attorneys who submitted public comments were opposed. Some expressed confidence in their ability to supervise and train paralegals to provide effective representation, as well as support for the bill’s provisions requiring paralegals to receive oversight from a licensed attorney. 

The Oregon Trial Lawyers Association raised concerns that an early draft of the bill didn’t provide any protection to clients who received inadequate representation from paralegals. The Trial Lawyers Association supports an amended draft of the bill, which includes these protections. 

How Does the Oregon New Bill Work?

The bill creates licensing and oversight provisions for paralegals by allowing them to become members of the Oregon State Bar, giving the bar association the power to oversee their work as it does the work of licensed attorneys. The bill limits the scope of practice for paralegals and requires them to represent clients only within that specified scope of practice. 

The Oregon State Bar describes these paralegals as “similar to a nurse practitioner.” Just as a nurse practitioner can provide certain types of medical care while overseen by a licensed physician, paralegals will now be able to provide certain types of legal representation while overseen by a licensed attorney. 

Under the new law, licensed paralegals would be allowed to represent clients in the following ways:

• Divorce, separation, and annulment matters.
• Custody and parenting time matters.
• Child support and spousal support claims.
• Certain contempt of family court matters if penalties don’t include confinement.

Paralegals would also be allowed to assist with matters under the Oregon Residential Landlord/Tenant Act and with landlord/tenant claims involving forcible entry or wrongful detainer. 

The goal of the new law is to provide more representation for people who appear before Oregon courts in divorce cases and other matters. Those seeking a divorce will still have the opportunity to choose whether they wish to be represented by a paralegal or by an experienced Oregon divorce lawyer. 

Senate Bill 306 was passed by the state Senate in February 2023 and became law in May 2023. The new law takes effect on July 1, 2023.