Eligible Legal Paraprofessionals

An eligible legal paraprofessional must meet the following requirements: (a) Education and Work Experience Requirements. To participate in the program, a legal paraprofessional must have the following education or work experience: (1) an Associate's or Bachelor's Degree in paralegal studies from an institutionally accredited school; or (2) a paralegal certificate from an institutionally accredited school in addition to an Associate's or Bachelor's degree in any subject from an institutionally accredited school; or (3) a law degree from an ABA accredited school; or (4) a high school diploma and 5 years of substantive paralegal experience. (b) Ethics and Continuing Legal Education Requirements. To participate in the program, a legal paraprofessional must satisfy the following ethics and continuing education requirements: (1) either have been admitted as a rostered paraprofessional prior to December 31, 2024, or provide proof that the legal paraprofessional has earned ten continuing legal education credits, including two credit hours in ethics, within the two years prior to seeking certification under Rule 12.04(a); and (2) provide proof every two years that the legal paraprofessional has earned ten continuing legal education credits, two of which must be in ethics. One diversity, equity, and inclusion credit may be approved in lieu of one ethics credit. (3) Legal paraprofessionals providing advice or representation in petty misdemeanor cases must, as part of those ten credits, also complete three credits relating to petty misdemeanors or areas that may be impacted by petty misdemeanors, including housing, immigration, health care, federal benefits, and professional licensing. (c) Written Agreement with a Supervisory Attorney. To participate in the program, a legal paraprofessional must enter into a written agreement with a licensed Minnesota attorney who agrees to serve as the paralegal's supervisory attorney. The written agreement must set forth the scope and types of work the legal paraprofessional may undertake consistent with the scope of the program Published by the Revisor of Statutes under Minnesota Statutes, section 3C.08, subdivision 1. PROFESSIONAL RULES 200 MINNESOTA COURT RULES and the steps the supervisory attorney will take to ensure that the paralegal is serving the client's interests. (d) Required Language for Retainer Agreements. For all representations initiated on or after January 1, 2025, the retainer agreement must provide a disclaimer conveying that: (i) legal paraprofessionals are authorized by the Minnesota Supreme Court to provide legal advice and representation to clients in certain types of cases; and (ii) a legal paraprofessional is not a lawyer. (e) Roster of Approved Legal Paraprofessionals. To participate in the program, a legal paraprofessional must remain in good standing on the roster of approved legal paraprofessionals established and maintained by the Standing Committee on the Legal Paraprofessional Program. (f) Training or Experience Requirements for Certain Cases. (1) Training Requirements in Family Law Cases in which the Pleadings Include Allegations of Domestic Abuse or Child Abuse. A legal paraprofessional shall not provide advice or appear in court or at a mediation in a family law case in which the pleadings include allegations of domestic abuse or child abuse unless the legal paraprofessional has completed at least eight hours of training and/or education. The training and/or education must include the following subjects: the dynamics of domestic violence; domestic violence and child abuse screening, including screening for safety, lethality, and suicide; trauma-informed legal representation; understanding other systems that respond to domestic violence and child abuse and how the legal and other issues in family law cases intersect and affect the responses of other systems; and intercultural effectiveness and cultural competency. The training must have been completed within two years prior to seeking certification under Rule 12.04(a). The training must be approved by the Standing Committee for Legal Paraprofessional Program. (2) Training for Cases Under Rule 12.01(f). A legal paraprofessional shall not provide advice or appear in court or at a mediation in a case seeking an order for protection under Minnesota Statutes, section 518B.01, or a harassment restraining order under Minnesota Statutes, section 609.748, unless the legal paraprofessional has completed the training set forth in Rule 12.02(e)(1) and the following additional training: (A) three hours of continuing education that must include, at a minimum, the following subjects: the law and procedure governing proceedings seeking orders for protection under Minnesota Statutes, section 518B.01, and harassment restraining orders under Minnesota Statutes, section 609.748, and the differences between orders for protection and harassment restraining orders; preparation of pleadings and other documents; the legal and other consequences of issuance of an order for protection or a harassment restraining order, including implications for other legal proceedings; and (B) either (i) three hours of continuing education on evidentiary hearings in order for protection and harassment restraining order cases which must include a mock evidentiary hearing; or (ii) shadowing the supervising attorney at one evidentiary hearing for an order for protection under Minnesota Statutes, section 518B.01, and one evidentiary hearing for a harassment restraining order under Minnesota Statutes, section 609.748. The training must have been completed within two years prior to seeking certification under Rule 12.04(a). The training must be approved by the Standing Committee for Legal Paraprofessional Program. Published by the Revisor of Statutes under Minnesota Statutes, section 3C.08, subdivision 1. 201 PROFESSIONAL RULES MINNESOTA COURT RULES (3) Upon application by the supervising attorney and legal paraprofessional, the Standing Committee may waive the training requirements set forth in Rules 12.02(f)(1) and 12.02(f)(2)(A) if the legal paraprofessional has demonstrated substantial experience in family law cases involving domestic abuse and child abuse, and cases involving orders for protection and harassment restraining orders. In considering a waiver request, the Standing Committee shall consider whether the substantial experience provides sufficient knowledge of the subjects set forth in Rules 12.02(f)(1) and 12.02(f)(2)(A). (4) To provide advice and representation to clients in petty misdemeanor cases, as provided in Rule 12.01(k), the legal paraprofessional must have two years of demonstrated relevant experience. (5) To provide advice and representation to clients in estate administration and probate cases, as provided in Rule 12.01(l), the legal paraprofessional must have two years of demonstrated relevant experience.