Illinois moves toward approving nonlawyers to offer limited legal advice
In an effort to increase access to justice, Illinois is moving toward developing a program to allow certified nonlawyers to offer limited legal advice under the supervision of a licensed attorney.
The Illinois Supreme Court approved in concept the Community Justice Worker Program to help address high-need areas of law, such as family law, housing, debt and estate planning, according to a Sept. 24 press release. The program aims to create and “will position trained and certified community justice workers in legal aid and other nonprofit organizations.”
Illinois’ move to create a commission to develop the program follows a July report by the Committee on Legal Education and Admissions Reform, established by the Conference of Chief Justices and the Conference of State Court Administrators, spotlighting the need to fill the “staggering” nationwide access-to-justice gap and encouraging innovative solutions.
“Rates of self-representation are well above 90% on many dockets” nationwide, according to data from the ABA published in 2022.
In August, the ABA House of Delegates adopted a resolution at the ABA Annual Meeting, encouraging courts to consider adopting community justice worker programs. As of September, more than 20 states have passed or proposed rules to authorize these types programs or were actively developing them.
In 2022, Alaska launched a program that trains nonlawyers—including paralegals, tribal employees and community health aides—to supplement existing efforts by legal aid and pro bono attorneys under the supervision of attorneys.
Meanwhile, a proposal in Arizona to allow graduates of a special one-year program to prosecute or represent criminal defendants was rejected by the Arizona Supreme Court last month.
Illinois is home to over 70 civil legal aid organizations, but the need for free civil legal aid in the state “far outpaces available services,” according to the press release.
“Simply asking lawyers to work more pro bono hours is not the answer,” said Tim Eaton and Tim Bertschy, the original chair and vice chair of the state supreme court’s Executive Committee on the Practice of Law, in the press release.
The executive committee will submit its recommendation before Oct. 1, 2026, according to the press release.
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