The Texas Access to Justice Commission, created by the court in 2001 to develop initiatives that expand access to legal services for those who are low-income, will look into allowing qualified non-attorney paraprofessionals to provide limited legal services and allowing non-attorneys to have economic interests in entities that provide legal services to those who are low-income while still preserving professional independence.
The state bar told its members that it looks forward to providing input to the court and the Texas Access to Justice Commission on how to close the civil justice gap. State bar members can send suggestions to the commission on the process for studying the issue.
"Lawyers have long led the way in seeking to address the unmet civil legal needs of low-income Texans," the state bar told members.
Lawyers in Texas donated more than $1.5 million in voluntary access to justice contributions and gave 2.7 million hours of free legal services to the poor, according to the state bar. More than $585,000 in legal fees were saved through the state bar's Texas Opportunity & Justice Incubator program last year by lawyers doing pro bono hours and modest-income hours.
The announcement came after Texas Supreme Court Justice J. Brett Busby sent a letter to the Texas Access to Justice Commission in October. The court asked the commission to look into existing rules and propose modifications to help close the gap in access by fall 2023.
Justice Busby noted that the Texas Commission to Expand Civil Legal Services recommended in 2016 that future rulemaking projects should focus on providing access to those who can't afford legal representation. Many people may only have the option to represent themselves due to their finances.
"Many Texans have incomes low enough to qualify for assistance from legal aid and volunteer attorney organizations, but resource and staffing constraints allow these organizations to serve only a small fraction of qualified applicants," Justice Busby wrote.
The Supreme Court of Texas told Law360 in a statement on Thursday that it looks forward to the comments and recommendations from the commission and lawyers.
"Access-to-justice advocates in Texas estimate that just 10 percent of the state's civil legal needs are met through legal aid programs, the private bar, and pro bono efforts," it said. "The Court, through Justice Busby's letter, urges diligent study of potential rule modifications that could expand access to justice for low-income Texans."
The commission will also provide recommendations to the court on whether the proposals should be studied through a pilot program or regulatory sandbox and whether they should focus on certain areas that have a particular need.
Laura Gibson of Dentons, president of the State Bar of Texas, told Law360 in a statement on Thursday that the organization's mission statement includes a commitment to supporting the administration of the legal system and ensuring all citizens have equal access to justice.
"As such, the State Bar looks forward to providing input to the court and commission throughout this process," Gibson said. "We have been assured there will be ample opportunities for Texas lawyers to provide input to ensure the best process and outcome."
--Editing by Kristen Becker.
Correction: An earlier version of this story incorrectly attributed the source of the program. The error has been corrected.
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