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Closing the Justice Gap: WHY ALLIED LEGAL PROFESSIONALS ARE A NATURAL EVOLUTION FOR MARYLAND’S LEGAL LANDSCAPE

BY REENA SHAH, ESQ.

AS LEGAL PROFESSIONALS, we are intimately familiar with the complexities of the justice system and the profound impact that competent representation has on case outcomes. Yet, we are currently facing a stark reality: in roughly 75% of the 20 million civil cases filed in state courts across the United States each year, at least one side lacks a lawyer. In Maryland alone, this translates to approximately 571,343 civil cases annually where a party navigates a civil legal matter unrepresented.

The stakes in these cases are incredibly high. Navigating complex legal systems without representation means Marylanders may lose their homes, custody of their children, or access to life-saving public benefits. To address this growing crisis, the Innovations in Tiered Legal Services Task Force—a collaborative initiative between the Maryland Judiciary, the Maryland State Bar Association (MSBA), and the Maryland Access to Justice Commission (A2JC)—has been rigorously examining how our state can meet the needs of those left behind by the current market.

Closing the Justice Gap: WHY ALLIED LEGAL PROFESSIONALS ARE A NATURAL EVOLUTION FOR MARYLAND’S LEGAL LANDSCAPE

BY REENA SHAH, ESQ.

To aid in this mission, the Task Force conducted a comprehensive 2025 audit on the current use of allied legal professionals in Maryland. The findings of this audit are illuminating, revealing that the use of allied legal professionals (ALPs) for legal advocacy and advice is already commonplace, highly effective, and poses absolutely no threat to the business of licensed attorneys.

The Access to Justice Reality in Maryland To understand why traditional law practice models cannot solely solve this crisis, we must look closely at the economic realities facing our state.

The American Bar Association (ABA) asserts that all individuals should be guaranteed a right to legal counsel in civil matters where physical liberty is at stake and in matters related to “basic human needs,” including shelter, sustenance, safety, health, and child custody. While defendants facing charges in Maryland’s criminal courts are universally entitled to an attorney, Maryland has recognized the need for counsel in a very limited number of civil proceedings. These limited areas include the potential for deprivation of housing (eviction defense cases), deprivation of parental rights (Children in Need of Assistance and Termination of Parental Rights cases), deprivation of liberty (civil contempt and involuntary commitment cases), and special education cases. Maryland currently falls far short of national standards of practice on civil access to justice.

The root of this issue is economic.

According to the United Way, 10% of Maryland households fall below the Federal Poverty Level (FPL), and another 29% fall below the ALICE threshold (Asset Limited, Income Constrained, Employed). Combining the FPL and

ALICE populations means that 934,715 Maryland households fall below the ALICE threshold. Stated plainly, nearly 40% of all Marylanders cannot afford basic necessities, let alone a lawyer at market rate. As the United Way poignantly notes, “Households below the [ALICE] Threshold are forced to make impossible choices—like deciding whether to pay for utilities or a car repair, whether to buy food or fill a prescription.” For these families, a standard legal retainer is an absolute impossibility.

When these individuals face legal crises— such as the estimated 296,026 selfrepresented litigants who faced failureto-pay-rent cases in Maryland in Fiscal Year 2024—they are often forced to go it alone. Maryland currently falls far short of national standards of practice regarding civil access to justice, and there is an insufficient supply of attorneys who can meet this need.

ALPs: Already Here, Already Working

A common misconception is that allowing allied legal professionals to provide legal advice or representation is a radical, untested disruption that poses a risk to consumers. The Task Force’s recent audit proves the opposite: ALPs are already permitted to provide legal advice and representation across various venues in Maryland, and they do so effectively without disturbing existing legal efforts.

Many ALPs are permitted to practice independently within a specified practice area before a particular agency, and some are authorized to perform in-court representation.

Maryland District Courts

Consider the Maryland District Courts, where the Maryland Business Occupations and Professions Code enumerates six exceptions allowing ALPs to represent parties. ALPs can represent certain small businesses in claims, county employees in grievance procedures, and common ownership communities in disputes. Furthermore, insurance companies may defend an insured through staff counsel, ALPs can represent landlords in summary ejectment proceedings, and tenants can be represented in summary ejectment or rent

ACCORDING TO THE UNITED WAY, 10% of Maryland households fall below the Federal Poverty Level AND ANOTHER 29% fall below the ALICE threshold (Asset Limited, Income Constrained, Employed).

escrow proceedings by law students or properly supervised nonprofit employees.

The real-world impact of these authorized allied legal professionals is extraordinary. Take case-handling paralegals who represent Maryland Legal Aid clients in housing cases involving failure to pay rent, rent escrow, voucher terminations, and subsidized housing cases. They complete rigorous training before providing ALP assistance, working directly under agency attorneys, observing court procedures, and completing the same new-lawyer training as newly-barred attorneys. They resolve most cases through negotiation, taking the burden off the court system.

Maryland Office of Administrative Hearings

Administrative agencies also rely heavily on ALPs. At the Maryland Office of Administrative Hearings (OAH), ALPs are authorized to represent parties in a broad array of matters. Before the Maryland Department of Labor, authorized ALPs

may represent claimants or employers in proceedings before a special examiner or the Board of Appeals. For example, a Maryland Legal Aid senior case-handling paralegal recently represented a man who was denied unemployment insurance benefits after leaving his job due to a progressively worsening chronic condition. The paralegal successfully appealed the case to the Board of Appeals, resulting in the client being awarded all his back pay.

ALPs also represent parties before the Maryland Tax Court, the Maryland Department of the Environment, the Maryland Insurance Administration, and the Office of the Attorney General’s Securities Division. In the vital area of special education advocacy, an April 2024 Maryland law established a program allowing eligible families to connect with experienced consultants, advocates, and attorneys to

While the statistics surrounding the access-tojustice gap are staggering, the real-world impact of Allied Legal Professionals (ALPs) is best understood through the lives they change.

help with Individualized Education Plans (IEPs) and school discipline issues.

Case Study: ALP in Action—Securing Safe Housing for a Domestic Violence Survivor

While the statistics surrounding the access-to-justice gap are staggering, the real-world impact of Allied Legal Professionals (ALPs) is best understood through the lives they change.

In August 2025, a senior case-handling paralegal with Maryland Legal Aid took on the case of a woman facing a notice to vacate her home. The client had resided in her unit for seven years, was raising four children with a fifth on the way, and was a domestic violence survivor with a pending Violence Against Women Act (VAWA) case.

The client’s situation was dire and complex. She had been targeted by other tenants who filed uncorroborated complaints against her. In response, she had called the police multiple times, secured peace orders against the harassing neighbors, and repeatedly reported the issues to her landlord. Compounding her distress, her abusive ex-partner—despite a valid protective order and a prior arrest on the property for abusing her—had recently moved in with a neighbor just a few units away.

Rather than assisting the survivor, the landlord served her with a notice to vacate.

Without legal representation, this mother likely would have lost her home and been forced into an even more dangerous situation. Instead, the ALP stepped in. At the formal hearing before the city Housing Authority, the Maryland Legal Aid case-handling

paralegal successfully argued the client’s case, resulting in the notice to vacate being rescinded and vital protective conditions being imposed.

The advocacy did not stop at the hearing. The paralegal also helped draft a comprehensive safety plan for both the client and the landlord to follow, and the residency of the abusive ex-partner is now actively being investigated.

This case powerfully illustrates the indispensable role of ALPs. By utilizing highly trained, non-lawyer advocates in administrative and housing hearings, Maryland can provide life-saving legal intervention to vulnerable citizens who would otherwise face the system completely alone.

A Wealth of Evidence: Federal ALP Integration in Maryland

This framework extends to the federal level as well, where at least 15 federal agencies have established ALP advocacy programs. The Administrative Procedure Act of 1946 (APA) contains general language recognizing the right of parties compelled to appear before an agency to be accompanied, represented, and advised by counsel or other qualified representatives. Today, at least 15 federal agencies have created ALP advocacy programs.

Internal Revenue Service

For taxpayers in Maryland, the U.S. Department of the Treasury’s Internal Revenue Service (IRS) permits nonlawyer enrolled agents and certified public accountants (CPAs) to represent taxpayers in audits, appeals, and tax collection matters. As of August 2025, there were 63,399 active IRS enrolled agents in the U.S., who must pass comprehensive testing and complete continuous education. In 2024, IRS-funded low income taxpayer clinics (LITCs)—which include three in Maryland—helped correct more than $40 million in taxpayer liabilities nationwide, utilizing attorneys, CPAs, and enrolled agents.

Social Security Administration

Before the U.S. Social Security Administration (SSA), ALPs called eligible for direct pay non-attorneys (EDPNAs) are authorized to advise and assist claimants

By utilizing highly trained, non-lawyer advocates in administrative and housing hearings, Maryland can provide life-saving legal intervention to vulnerable citizens who would otherwise face the system completely alone.

throughout administrative processes. They must hold a bachelor’s degree, pass a rigorous examination, secure professional liability insurance, pass a background check, and adhere to the same Rules of Conduct as lawyers. A Maryland Legal Aid senior casehandling paralegal recently represented a woman who had been living with mental health diagnoses for 19 years and had been denied disability benefits because she could not navigate the SSA system alone. The paralegal gathered evidence and represented her at an administrative law judge (ALJ) hearing, securing a fully favorable decision.

Department of Justice

Perhaps the most robust and heavily utilized ALP framework exists within the U.S. Department of Justice (DOJ) and the Department of Homeland Security (DHS). Established in 1958, the DOJ’s BIA recognition and accreditation program authorizes BIA-accredited representatives to represent people in immigration proceedings before immigration courts, the board of immigration appeals, and DHS. Individuals must establish broad knowledge and adequate experience in immigration law, and to be “fullyaccredited,” they must possess skills essential for effective litigation. There are currently 2,765 BIA-accredited representatives in the United States, with 34 BIA-recognized organizations operating in Maryland.

Yareli J. Urbina, managing paralegal for Amica Center for Immigrant Rights’ Detained Adult Program in Baltimore, is a fully accredited representative who manages a massive caseload. In one case, Urbina represented a client named “VCC” who was detained during a workplace ICE raid, separated from his pregnant U.S. citizen fiancée and children, and sent to Georgia. Urbina drafted a written motion for bond and successfully argued it before a judge, securing his release and family reunification. “The work that our fully accredited representatives do and their responsibilities are the same as that of

our attorneys,” Urbina notes, “For us, BIA representatives are extremely important because staff attorneys cannot keep up with the volume of cases we have.”

Crucially, in the immigration context, ALPs actually protect consumers from harm. Morgan Weibel of the Tahirih Justice Center notes that unauthorized “notarios”— individuals who falsely claim to be qualified to offer legal services—routinely victimize immigrants. Because immigration attorneys are rare and expensive, immigrants fall prey to these bad actors. By providing highly trained, regulated BIA-accredited representatives, Tahirih Justice Center offers a safe, reliable, and trustworthy alternative. Beyond these, ALPs advocate for clients before the U.S. Department of Agriculture, Department of Education, Department of Energy, Environmental Protection Agency, Department of Health and Human Services (including Affordable Care Act Navigators), Federal Emergency Management Agency, U.S. Department of Housing and Urban Development (via certified Housing Counselors), Department of the Interior, Veterans Affairs, the Patent and Trade Office, Department of Labor, and the U.S. Equal Employment Opportunity Commission. Both the White House Legal Aid Interagency Roundtable and the Administrative Conference of the United States have vigorously recommended expanding these ALP roles further to improve access to justice.

Expanding the Pie, Not Dividing It

For private practitioners, the expansion of ALPs might initially prompt concerns regarding market competition. However, the data strongly suggests that ALPs serve a fundamentally different demographic. Tiered legal services are intentionally designed to serve specific populations that would otherwise go unserved or underserved, rather than detracting from

Maryland is not acting in a vacuum; we are part of an emerging national movement, led by state supreme courts, creating new tiers within the legal profession to help those who cannot afford an attorney.

licensed attorneys’ work. Legal practitioners (LPs) charge modest fees far below market rates, making them accessible to the ALICE population, who are completely priced out of traditional legal services.

Instead of cannibalizing business, ALPs actually support the broader legal ecosystem:

Relieving Systemic Burden:

In practice areas that currently permit ALP assistance, advocates note that this model successfully takes the burden off the courts and legal services providers.

High Quality, Lower Cost:

The Institute for the Advancement of the American Legal System (IAALS) reports that well-trained ALPs are highly competent, produce satisfied clients, and provide high-quality services at roughly half the cost of attorneys.

Combatting Fraud:

In vulnerable communities, properly regulated ALPs provide a safe alternative to predatory actors, such as “notario” fraud in immigrant communities.

The National Movement Toward Tiered Services

Maryland is not acting in a vacuum; we are part of an emerging national movement, led by state supreme courts, creating new tiers within the legal profession to help those who cannot afford an attorney.

The Innovations Task Force is exploring distinct tiers of legal assistance. The first is LPs. Conceptually akin to nurse practitioners in the medical profession, LPs are trained, licensed, and regulated ALPs authorized to offer limited-scope legal services in designated areas of civil law. They must meet formal educational and experiential standards, pass examinations, and comply with ethical obligations. Seven states—Arizona, Colorado, Minnesota, New Hampshire, Oregon, Utah, and Washington— have already issued court orders or passed legislation authorizing LPs.

The second tier involves community justice workers (CJWs), who are conceptually akin to community health workers. These are members of the community or professionals from other industries who have been

upskilled to provide civil legal aid and bring the law directly to where people are. The ABA has explicitly urged the highest state courts to study and adopt CJW programs to expand accessibility, affordability, and quality of civil legal services while protecting the public. Thirteen states and the District of Columbia have already approved CJW enabling forms.

As Frontline Justice CEO Nikole Nelson observes, “There will never be enough lawyers to resolve all the legal problems that the community faces . . . Sometimes, community justice workers are more suitable to address cases than lawyers are. They are connected in ways that lawyers may not be.”

Finally, the Task Force is looking at legal technologies, recognizing that the growing access-to-justice crisis, coupled with the rapid pace of AI innovation, creates a unique opportunity for state courts to adopt regulatory reforms that support AI-fueled legal service delivery.

Currently, 14 states have passed or proposed rules for authorizing justice worker programs, and 20 others are actively developing them. Maryland is uniquely positioned to thoughtfully and securely join this vanguard.

The Path Forward

Expanding the supply of legal helpers beyond attorneys is not a threat to our profession; it is a vital evolution necessary to fulfill the promise of equal justice under the law. By embracing tiered legal services, we can protect the integrity of the courts, improve case outcomes for the most vulnerable, and ensure that the legal system works for everyone.

Jim Sandman, the former president of the Legal Services Corporation, has poignantly stated, “Expanding the supply of legal helpers beyond attorneys is critical. Providing access to justice for people who can’t afford lawyers requires new kinds of service providers, innovative delivery models, and the courage to pilot change.”

As legal professionals, we must have that courage. The integration of well-trained, highly regulated allied legal professionals elevates our entire justice system by ensuring that the fundamental right to legal assistance is a reality for all Marylanders, not just the wealthy few.