Licensed Legal Paraprofessionals’ Scope of Authority to Practice

Highlighting the distinctions between LLPs and attorneys, and exploring the impact of LLPs on the legal system.

BY MELISSA SIMONTON, LLP

The Licensed Legal Paraprofessional (LLP) is an emerging profession that supports the legal community by representing litigants in family law matters without the supervision of an attorney. In the November ‘24 Docket issue, we introduced the LLP profession to you[i]; building on that foundation, this article will explore the impact of LLPs on legal professionals and the court system.

What is the Authorized Scope of Practice for LLPs?

Pursuant to C.R.C.P. 207.1[ii], Licensed Legal Paraprofessionals (LLPs) are licensed to provide legal services in family law. While other states have expanded their LLPs to offer services like landlord-tenant disputes and debt collection, Colorado’s LLPs’ practice is currently limited solely to family law matters.

Specifically, Rule 207.1(2)(a) through (e) provides that an LLP may represent clients involving legal separation, declaration of invalidity of marriage, dissolution of marriage or civil union, initial allocation or modification of an allocation of parental responsibility (including parental determinations), establishment or modification of child support and/or maintenance, protection orders, name changes, adult gender designation changes, and filing and responding to motions for remedial contempt citations.

LLPs can provide essential support and guidance to individuals navigating their family law matters. Examples of tasks an LLP can perform include the preparation and filing of legal documentation, such as proposed parenting plans, separation agreements, motions or stipulations regarding child support, child support worksheets, proposed orders, non-appearance affidavits, discovery requests, answers to discovery requests, trial management certificates, pretrial submissions, and exhibit and witness lists. In addition, an LLP can attend mediation and sit at the counsel table with a client during a court proceeding.

What are the Distinctions Between an LLP and an Attorney?

An LLP does not have a general license to practice law in Colorado like a lawyer. Lawyers possess a broader scope of authority and expertise, allowing them to represent clients in complex litigation and offer comprehensive legal advice in various legal matters. An LLP’s licensure is limited in scope. An LLP must be prepared to inform and advise their clients of the need for a lawyer to review any complex issues that may arise in matters.

While an LLP’s scope of practice is limited, this does not always necessitate the LLP’s withdrawal from representing a client when an issue may fall outside the LLP’s scope. If an issue falls outside the LLP’s scope, the client is not prevented from retaining a lawyer to address a specific activity, task, or issue or from representing themselves (pro se) alongside the LLP. In the next article in the LLP series, we will discuss how an LLP can remain on a matter in conjunction with a lawyer when matters fall outside the LLP’s scope of practice.

Rule 207.1(2)(f)(i) through (xii) outlines the types of client matters in which an LLP is not authorized to practice. An LLP cannot assist in complex issues such as:

  • registration of foreign decrees
  • punitive contempt citations
  • common law marriage where there is a dispute as to the marriage and/or the date of marriage
  • disputed parentage involving more than two parents
  • non-parent requests for APR where at least one parent contests it
  • pre- or post-nuptial agreements
  • matters involving a trust
  • contested jurisdiction
  • preparation of a qualified domestic relations order
  • documentation to effectuate the sale or distribution of assets of a business
  • expert report or testimony
  • issues that require analysis and advice outside of the scope of practice, such as immigration, criminal, and bankruptcy issues

A critical distinction between an LLP and a lawyer is that while an LLP may sit at the the counsel table with a client during a court proceeding, it cannot examine witnesses and can only address the court under specific conditions (Rule 207.1(2)(g)(xiii)).

Another notable distinction between an LLP and a lawyer is the cost, as LLPs can provide services at a much lower rate than lawyers. LLPs play a vital role in bridging the gap for individuals who need legal assistance but may not have the resources to hire a lawyer, ensuring fair and informed access to justice.

What Impact Do LLPs Have on the Legal Professionals and the Court System?

LLPs complement lawyers, not compete with them. Their contributions allow lawyers to focus on more complex cases that genuinely require their specialized expertise.

The sheer number of pro se litigants inundates the court system. As stated by the Colorado Judicial Branch Cases and Parties without Attorney Representation in Civil Cases Fiscal Year 2023—Report Date: July 11, 2023[iii], approximately 75% of parties involved in domestic relations cases were unrepresented. In rural counties, the pro se rate is as high as 88%. Pro se litigants are often confused by the legal process, file incomplete or incorrect paperwork, and simply overwhelm the court system.

According to a report from the Colorado Legal Services Private Attorney Involvement Plan 2025[iv], more than 720,000 Coloradans have incomes at or below 125% of the federal poverty level (FPL).

Women with minor children head 26.4% of households, 18.9% of Hispanic or Latino, 23% of African American, and 25.9 % of American Indian or Alaska Native Coloradans live at or below 125% of FPL, and 9.6% of Colorado residents have incomes below FPL (100% of poverty)[v]. (4) 

“For every client served by Colorado Legal Services, at least one income-eligible person is turned away. Even those who are served often receive only limited assistance when more extended representation is indicated.”

Legal Aid Foundation of Colorado - "How Legal Aid Helps"

How Can You Help?

Every day, Colorado’s communities are overburdened with people in desperate need of critical legal aid. Access to justice starts at home and the office or over lunch with friends and colleagues. Talking about the legal aid provided by LLPs creates public awareness of this important resource. Refer clients, hire LLPs, and simply talk about all that they can offer. Now is the time to utilize this wealth of specialists to help combat access to justice for all Coloradoans.

LLPs will positively impact legal professionals, the court system, and the community by increasing access to legal services and addressing the gaps in access to justice. By empowering qualified individuals to provide essential legal support, LLPs alleviate the burden on attorneys and judges and promote a more equitable and efficient legal system within the courts when hearing family law cases.

If you are a newly sworn-in LLP looking for opportunities to gain invaluable experience networking with other legal professionals, consider volunteering with Metro Volunteer Lawyers (MVL). Your experience in family law and mediation can make a tremendous difference in the lives of someone in need.

To volunteer for LLP opportunities with MVL, please contact Meghan Dill-Meinzer, MVL’s Legal Services Coordinator, at mdill-meinzer@denbar.org or visit www.denbar.org/mvl.

ENDNOTES

[i] The Docket – “Licensed Legal Paraprofessionals:  A New Pathway for Access to Legal Services” https://dbadocket.com/licensed-legal-paraprofessionals-a-new-pathway-for-access-to-legal-services/

[ii] Colorado Legal Regulation – Rules Governing Admission to the Practice of Law in Colorado Rules 207 through 207.14 – https://www.coloradolegalregulation.com/wp-content/uploads/PDF/LLP/LLP%20Rules%20Governing%20Admission%20to%20the%20Practice%20of%20Law.pdf

[iii] Colorado Judicial Branch Cases and Parties without Attorney Representation in Civil Cases Fiscal Year 2023 – Report Date:  July 11, 2023  – https://www.coloradojudicial.gov/sites/default/files/2024-09/FY%202024%20Case%20and%20Parties%20without%20Attorney%20Representation.pdf

[iv] Colorado Legal Services Private Attorney Involvement Plan 2025.

[v] American Community Survey Data for Colorado – 2023 B01003 Total Population Counties – https://demography.dola.colorado.gov/assets/html/acs_spreadsheets.html

ABOUT THE AUTHOR

Melissa Simonton is a licensed legal paraprofessional at 5280 Licensed Legal Paraprofessional, LLC., and a senior paralegal with three decades of experience in Colorado domestic relations. She was named Law Week Colorado Outstanding Legal Professional in 2022. She is an active member of the Colorado Bar Association, Denver Bar Association, The MAC, and Rocky Mountain Paralegal Association.