Scope of Work

An eligible legal paraprofessional may, under the supervision of a member of the bar, provide the following services: (a) Provide advice to and appear in court on behalf of tenants in housing disputes as defined in Minnesota Statutes, chapter 504B, and Minnesota Statutes, section 484.014. (b) Appear in court on behalf of clients in family law cases at default hearings, pretrial hearings, and informal family court proceedings, and hearings related to child-support modifications, parenting- time disputes, and paternity matters. (c) Provide advice to clients in family law cases related to child-support modifications, parenting- time disputes, paternity matters, and stipulated dissolution and custody/parenting time agreements, including the drafting of stipulated dissolution and custody/parenting time agreements. Published by the Revisor of Statutes under Minnesota Statutes, section 3C.08, subdivision 1. PROFESSIONAL RULES 198 MINNESOTA COURT RULES (d) Appear with a client in family law mediations where, in the judgment of the supervising lawyer, the issues are limited to less complex matters, which may include simple property divisions, parenting-time matters, and spousal-support determinations. (e) Under no circumstances shall a legal paraprofessional provide advice or appear in court or at a mediation under this paragraph if a petition for a child in need of protection and services has also been filed under Minnesota Statutes, chapter 260C, nor shall a legal paraprofessional provide advice or appear in court or at a mediation under this paragraph if the pleadings include allegations or disclosures of sexual coercion, nonconsensual sexual acts, or other forms of sexual violence. (f) Appear in court on behalf of petitioners, and provide advice to petitioners, in proceedings seeking orders for protection under Minnesota Statutes, section 518B.01 and harassment restraining orders under Minnesota Statutes, section 609.748. (g) In any family law proceeding in which the pleadings include allegations of domestic abuse or child abuse, or in any case under Rule 12.01(f), the legal paraprofessional shall provide the client with victim-survivor agency contact information. (h) Provide advice to and appear in court on behalf of clients seeking expungement of their criminal records under Minnesota Statutes, chapter 609A, or any successor statute. (i) Provide advice to and appear on behalf of clients in conciliation court. (j) Provide advice to and appear in court on behalf of debtors in consumer debt and student loan debt cases, provided that the amount owed by the debtor is not greater than $15,000. (k) Subject to Rules 12.02(b)(3), 12.02(f)(4), and 12.03(f), provide advice to and appear in court on behalf of defendants in petty misdemeanor cases, except if there are other charges in the case that are not petty misdemeanor offenses. (l) Subject to Rule 12.02(f)(5), provide advice to and appear in court or judicial or administrative proceedings on behalf of clients in probate and estate administration cases which: (i) do not involve real estate; (ii) are administered in an informal estate administration process; and (iii) involve either: (A) uncontested probate matters; or (B) estates with a value less than or equal to the amount specified in Minnesota Statutes, section 524.3-1201, paragraph (a), clause (1). (m) Provide advice to and appear in proceedings before the Office of Administrative Hearings on behalf of persons who, under state statute, must obtain a professional license or certification from a board or agency as a condition of practicing their jobs or professions and have been denied a license or certification or had a license or certification revoked by the board or agency. (n) Provide advice to and appear in proceedings before the Department of Employment and Economic Development on behalf of persons who are challenging denial of unemployment benefits. (o) Provide advice to and appear in proceedings before the Department of Human Services on behalf of persons who have been denied benefits administered by the Department of Human Services. (p) Communications between the client and the eligible legal paraprofessional shall be privileged under the same rules that govern the attorney-client privilege and work product doctrine. Published by the Revisor of Statutes under Minnesota Statutes, section 3C.08, subdivision 1. 199 PROFESSIONAL RULES MINNESOTA COURT RULES For each case where a legal paraprofessional will appear in court on behalf of the client, the certificate of representation for the matter must identify both the supervising attorney and the legal paraprofessional. The legal paraprofessional may sign the certificate of representation, but must include with the filed certificate of representation a statement signed by the supervising attorney that authorizes the legal paraprofessional to appear in court. The signed authorization must identify the types of proceedings for which the legal paraprofessional is authorized to provide services and the starting and ending dates during which the paralegal is authorized to appear in court. For each case where a legal paraprofessional will appear in court on behalf of the client, the legal paraprofessional and the supervising attorney must co-sign all pleadings, except for pleadings signed in court. For pleadings signed in court and all other documents requiring a signature under any court rule, co-signing is not required and either the legal paraprofessional or the supervising attorney may sign the pleading or other document. For purposes of this subpart, "co-sign" means the legal paraprofessional and the supervising attorney must both sign, "pleadings" means pleadings as defined in the Rules of Civil Procedure and Rules of Criminal Procedure, and "in court" includes proceedings held in person or by use of remote technology.