Texas Lawmakers Warn Court on Paralegal Services ‘Grave Mistake’

Weeks before the Texas Supreme Court paused a plan—championed by then Chief Justice Nathan Hecht—to let paralegals practice law in limited circumstances, four high ranking members of the state Legislature warned the court against the idea.

“Allowing individuals that are not licensed attorneys to provide legal services to vulnerable, low-income Texans on the most impactful issues involving their personal lives and financial well-being is a grave mistake,” the letter said.

Further, only the Legislature—not the courts—can decide who is authorized to practice law in Texas, the legislators said.

The letter reveals new details about the proposal’s 11th-hour breakdown, one that threatens to kill an access to legal services effort Hecht had timed for around his December retirement. It also brings to light an intraparty clash between the Republican-led Legislature and the all-Republican Supreme Court.

Rep. Jeff Leach and Sens. Joan Huffman and Bryan Hughes, all licensed attorneys in Texas, joined Rep. Greg Bonnen in the letter. Bloomberg Law obtained it, as well as Hecht’s written response, through a records request from the court.

Responding to the lawmakers on Nov. 4, Hecht defended the paralegal program as a way to provide affordable legal services to low-income residents, something he stressed more than a dozen states are already doing. Hecht, however, declined to address the lawmakers’ concerns that the initiative oversteps the court’s authority.

The court announced the same day it had paused the initiative ahead of a planned Dec. 1 start, “in order to give due consideration to the comments received” during a public feedback period. Comments arrived from more than 250 people, with opponents to paralegals practicing law outnumbering supporters 2-to-1.

Hecht didn’t respond to a question from Bloomberg Law on the legality of the proposal.

Blacklock Says ‘All Texans’

Chief Justice Jimmy Blacklock succeeded Hecht as the court’s top judge in January. He doesn’t share lawmaker concerns about the proposal and instead said it should be more expansive.

Paralegals should provide basic legal services “not just to the poor, but to all Texans,” he said, breaking with Hecht, whose proposal restricts it to Texans living at or below 200% of federal poverty guidelines.

In a statement, Blacklock said legal services are becoming out of reach for Texans, which he blamed in part on “government regulation of the legal profession.”

Blacklock added that the court “appreciates the Legislature’s collaboration on this issue as together we work to make legal services more affordable and accessible for all Texans.”

Blacklock is scheduled to appear before the Legislature Wednesday to deliver a state of the judiciary address.

The court didn’t respond to a request from Bloomberg Law for its position on the proposal’s lawfulness.

Speaking at a state bar meeting in January, Supreme Court Justice Debra Lehrmann said the court believes it can implement the proposed rules on its own but “we always try to work with the Legislature, and if they intend to get involved that is something we will respect and work with.”

Legislation mirroring the court’s plan is pending in the current legislative session, where it faces uncertainty if, as expected, it gets assigned to a House committee Leach chairs over matters involving civil jurisprudence. It faces similar headwinds in the Senate, where, should it clear the House, it would likely wind up in a committee led by Hughes.

Paralegals under the bill could represent a client in certain civil suits without attorney supervision but also take on any “additional duties” the Supreme Court authorizes.

The bill’s author, Barbara Gervin-Hawkins (D), didn’t respond to a request for comment about her legislative colleague’s concerns about paralegals practicing law.