Allowing non-lawyers to practice law will create a two-tier justice system.

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Arguments[edit]

Allowing non-lawyers to practice law would create a two-tier justice system[edit]

  1. Someone who practices law don't have a deep understanding of state and federal laws, then they can only do a partial job compared to someone who do have a deep understanding of state and federal laws.[1]
  2. Non-lawyers practicing law don't have a deep understanding of state and federal laws.
  3. Lawyers have a deep understanding of state and federal laws.
  4. Non-lawyers can only do a partial job compared to lawyers.
  5. If there is a legal system where some people can only do a partial job compared to others, then that's a two-tier legal system.

Objections[edit]

Allowing non-lawyers to practice law would create a two-tier justice system[edit]

  • The justice system and access to the justice system are two different things. A multi-tier justice system is one where people are not treated equally under the law. Just because people have different levels of access doesn't mean that the system treats them differently. An example of a multi-tier justice system is an absolute monarchy where the King is above the law.
  • Not all lawyers have a deep understanding of state and federal law. Lawyers have to specialize because the field of law is vast. This means not all lawyers are equal.
  • Just like lawyers, if non-lawyers are allowed to practice law, then they can develop a deep understanding of state and federal law for the area they focus in.
  • A system where people have different level of access to use the legal system already exists. Examples:
    • Not all parties have equal access to justice even when they can afford to hire attorney.
    • A lawyer cannot represent both sides of a dispute. This means if one lawyer is the best lawyer, then the party he doesn't represent is getting a less-than best lawyer.

References[edit]

  1. "Consumer debt and creditor harassment require a deep understanding of not only state laws but also, numerous federal laws including: the Credit Repair Organizations Act (CROA), a federal law which prohibits untrue or misleading representations and requires certain affirmative disclosures in the offering or sale of "credit repair" services, and the Fair Debt Collection Practices Act (FDCPA) (15 U.S.C. §§ 1692), which governs how debt collectors may try to get you to pay back a debt. Even our state laws are incredibly nuanced and require an understanding of how federal and state remedies intersect and require an attorney who is willing and able to take the case to court, to ensure the consumer has the best chance of winning their claim." Consumer Attorneys of California, "Comments of the CAOC in Response to the CPPWG September 2021 Report on Licensing Paraprofessionals to Practice Law in California without Attorney Supervision" Letter,December,9,2021.