There are now 62 licensed legal paraprofessionals ("LLPs") authorized by the Colorado Supreme Court to engage in the practice of family law in certain types of matters and within a limited scope of activities. Another LLP exam will be held in November, so their ranks will grow soon. Most LLPs are practicing in law firms or legal organizations alongside lawyers. What is a lawyer's responsibility for an LLP's practice of law?

Colorado LLPs acting within their authorized scope of practice under C.R.C.P. 207.1 do not need to be directly supervised by a lawyer in everything an LLP does, similar to associates in a law firm. At the same time, just as partners have certain responsibilities for associates under Colo. RPC 5.1, lawyers working with LLPs have certain responsibilities for LLPs under new Colo. RPC 5.3A (Responsibilities Regarding LLPs), which was adopted by the Supreme Court in 2023.

Colo. RPC 5.3A imposes very similar ethical obligations on an LLP's supervisory lawyer that are imposed by Colo. RPC 5.1 on an associate’s supervisory lawyer. Rule 5.3A applies to lawyer supervision over LLPs when LLPs are acting within their scope of practice under their licensure.

A lawyer’s obligations are different when the lawyer is working with unlicensed paralegals who have no authority to practice law. Unlicensed paralegals need to be directly supervised by lawyers to ensure compliance with Colo. RPC 5.3 (Responsibilities Regarding Nonlawyer Assistance) and Colo. RPC 5.5(a)(3) (“A lawyer shall not…assist a person who is not authorized to practice law pursuant to subpart (a) of this Rule in the performance of any activity that constitutes the unauthorized practice of law.”).

When LLPs are acting outside their scope of practice (for example, an LLP assisting a lawyer in a criminal defense matter, or an LLP assisting a lawyer in a dissolution of marriage matter in which a common law marriage is being contested), they are deemed to be acting as a paralegal. The lawyer must comply with Colo. RPCs 5.3 and 5.5(a)(3).

Lawyers, particularly supervisory lawyers or lawyers in management with obligations under Colo. RPC 5.3A, also need to be mindful that LLPs have their own ethical obligations under the LLP Rules of Professional Conduct. The LLP Rules of Professional Conduct can be found by clicking on the below links-

• https://www.coloradojudicial.gov/sites/default/files/2023-06/Rule_Change_2023-08.pdf
• https://www.coloradojudicial.gov/sites/default/files/2024-01/Rule%20Change%202023%2816%29.pdf

Those rules are modeled after the lawyer rules, and Comment [21] in the Preamble and Scope of the LLP Rules expressly provides that the comments to the lawyer rules “may provide guidance to LLPs when the LLP rule is analogous to the rule applicable to lawyers.” Likewise, Comment [21] states: “Similarly, the Formal Opinions of the Colorado Bar Association's Ethics Committee may provide guidance to LLPs when they interpret rules analogous to the rules applicable to LLPs.”

LLPs practicing with lawyers may supervise other LLPs, but LLPs cannot supervise lawyers. See CO LLP Rules of Professional Conduct Rule 5.1.

Colorado’s first LLPs took their oath of admission before the Colorado Supreme Court on June 20, 2024. OARC is pleased to welcome LLPs to the practice of law!