I. Introduction

Access to legal services remains one of the most persistent challenges facing the American legal system. Across the country, courts, regulators and policymakers are examining new ways to deliver legal services to individuals who cannot afford traditional representation. One of the increasingly discussed approaches involves allowing trained paraprofessionals and paralegals to provide limited legal services within defined regulatory frameworks.

North Carolina has now joined that conversation. On January 28, 2026, the Supreme Court of North Carolina issued an order establishing the Supreme Court’s Commission on Practice Innovation, a standing body tasked with studying alternative approaches to legal licensure and the delivery of legal services. The Court cited data from the Administrative Office of the Courts showing that 48 of North Carolina’s 100 counties are classified as legal deserts, meaning those counties have fewer than one attorney for every 1,000 residents (Order Establishing the Supreme Court’s Commission on Practice Innovation, N.C., Jan. 28, 2026).

The Commission’s creation reflects a growing recognition that the legal profession must explore innovative ways to address the widening gap between the demand for legal services and the availability of affordable representation.

II. Legal Deserts and the Access to Justice Challenge

The term “legal desert” refers to geographic areas where residents have limited access to attorneys. These regions are often rural communities in which individuals must travel significant distances to obtain legal assistance or must navigate complex legal processes without professional guidance.

The University of North Carolina School of Law has highlighted the scale of this issue in rural communities across the state. Many counties lack sufficient numbers of attorneys to meet the needs of their residents, creating significant barriers for individuals seeking assistance with matters such as housing disputes, domestic violence protection orders, consumer issues, and estate planning (UNC Sch. of L., Providing an Oasis in Legal Deserts, Nov. 18, 2024).

Legal deserts are not unique to North Carolina. Nationally, approximately 1,300 counties across the United States qualify as legal deserts, underscoring the widespread nature of attorney shortages in rural communities (UNC Sch. of L., Providing an Oasis in Legal Deserts, Nov. 18, 2024).

For individuals living in these areas, the barriers to legal assistance are often compounded by other challenges such as transportation limitations, childcare responsibilities, and unreliable internet access. As a result, many individuals facing serious legal issues must proceed without representation.

III. The Justice Gap

The shortage of accessible legal services contributes to what is commonly referred to as the justice gap, the disparity between the legal needs of the public and the legal services available to meet those needs.

Recent analysis suggests that more than 60 percent of American households face at least one legal issue each year, yet many individuals cannot afford the cost of hiring an attorney (Nick Bhutani, How Paralegals Are Being Elevated to Practice Certain Areas of Law, Proof, May 6, 2025).

In some areas of law, the lack of representation is particularly severe. Studies indicate that as many as 90 percent of individuals involved in landlord-tenant disputes or debt collection matters lack legal representation, leaving many litigants to navigate complex court procedures on their own (Nick Bhutani, How Paralegals Are Being Elevated to Practice Certain Areas of Law, Proof, May 6, 2025).

Although legal aid organizations, pro bono programs, and initiatives that support law students working in underserved communities provide critical assistance, those efforts alone may not be sufficient to fully close the justice gap in North Carolina or more broadly.

IV. Compounding Challenges: The IOLTA Funding Freeze

North Carolina’s access-to-justice challenges have been further complicated by recent funding changes affecting legal aid.

In July 2025, legislation enacted by the North Carolina General Assembly froze the grantmaking authority of the North Carolina Interest on Lawyers’ Trust Accounts (IOLTA) program, preventing those funds from being used to award grants during that period. The provision, included in Senate Bill 429, the Public Safety Act, followed concerns raised by some legislators about the organizations receiving IOLTA funding (North Carolina Interest on Lawyers’ Trust Accounts, General Assembly Freezes NC IOLTA Grantmaking for 2026, Aug. 26, 2025); (Nick Bentley, 9 Legal Aid NC Offices Shuttered as Funding Freeze Continues With No Word on When It Will End, CBS 17, Feb. 10, 2026).

These grants historically serve as a significant funding source for organizations that provide legal assistance to low-income residents.

Following the freeze, legal aid organizations across the state have had to adjust the services they are able to provide. Legal Aid of North Carolina, one of the largest providers of free civil legal services in the state, announced that nine offices across the state would close, citing a roughly $6 million funding gap that represents approximately 15 percent of its operating budget (Nick Bentley, 9 Legal Aid NC Offices Shuttered as Funding Freeze Continues With No Word on When It Will End, CBS 17, Feb. 10, 2026).

The closure of these offices illustrates how changes in available resources for legal aid organizations can affect the delivery of legal services across the state. These changes can contribute to the broader discussion of potential approaches to expanding access to legal assistance, including the potential role of trained paralegals and paraprofessionals.

V. How Other States Are Expanding Legal Services

In response to similar access-to-justice challenges, several states have implemented programs allowing trained paraprofessionals to provide limited legal services.

These professionals operate under different titles depending on the jurisdiction, including Limited Licensed Legal Technician (LLLT), Licensed Paralegal Practitioner (LLP) and Legal Paraprofessional (LP) (Tara Hughes & Joyce Reichard, How States Are Using Limited Licensed Legal Paraprofessionals to Address the Access to Justice Gap, A.B.A., Feb. 2, 2026).

Washington

Washington was the first state to license non-lawyer legal professionals in specific areas of law. In 2012, the Washington Supreme Court created the Limited Licensed Legal Technician (LLLT) program, which authorized trained professionals to assist clients with family law matters. LLLTs could consult with clients, complete and file court documents, and assist individuals representing themselves in certain court proceedings (Tara Hughes & Joyce Reichard, How States Are Using Limited Licensed Legal Paraprofessionals to Address the Access to Justice Gap, A.B.A., Feb. 2, 2026).

Although the Washington Supreme Court later voted to sunset the program due to administrative costs and limited participation, the program demonstrated that non-lawyer professionals could provide meaningful assistance in legal matters.

Utah

Utah implemented a similar program through its Licensed Paralegal Practitioner (LLP) role. The program was created after state officials identified significant unmet legal needs in areas such as family law, eviction, and debt collection (Tara Hughes & Joyce Reichard, How States Are Using Limited Licensed Legal Paraprofessionals to Address the Access to Justice Gap, A.B.A., Feb. 2, 2026).

Within two years, LLPs provided nearly 20,000 legal services to approximately 10,000 clients, with minimal consumer complaints reported (Nick Bhutani, How Paralegals Are Being Elevated to Practice Certain Areas of Law, Proof, May 6, 2025).

Arizona

Arizona established the Legal Paraprofessional (LP) program in 2021. Licensed paraprofessionals may provide services in family law, limited civil matters, criminal law and administrative law. Applicants must meet education requirements and pass both a core licensing exam and an exam covering the specific area of law in which they intend to practice (Tara Hughes & Joyce Reichard, How States Are Using Limited Licensed Legal Paraprofessionals to Address the Access to Justice Gap, A.B.A., Feb. 2, 2026).

Once licensed, LPs may consult with clients, prepare legal documents, and in certain circumstances, represent clients during hearings or settlement conferences (Nick Bhutani, How Paralegals Are Being Elevated to Practice Certain Areas of Law, Proof, May 6, 2025).

Other States

Other states, including Oregon and Minnesota, have also launched pilot programs allowing paraprofessionals to assist in housing and family law matters (Tara Hughes & Joyce Reichard, How States Are Using Limited Licensed Legal Paraprofessionals to Address the Access to Justice Gap, American Bar Association, Feb. 2, 2026).

VI. Unauthorized Practice of Law Considerations

Expanding the role of paraprofessionals and paralegals in the legal system raises important questions about the Unauthorized Practice of Law (UPL).

North Carolina’s UPL statutes prohibit non-attorneys from providing legal advice independently. These restrictions were challenged in a recent federal lawsuit brought by two North Carolina paralegals who sought to provide limited legal advice to individuals completing common court forms related to matters such as summary ejectments, protective orders and uncontested divorces (CJ Staff, Federal Judge Dismisses NC Paralegals’ Free-Speech Lawsuit, Carolina Journal, Dec. 17, 2024).

U.S. District Judge Terrence Boyle dismissed the lawsuit and upheld the state’s restrictions, concluding that limiting the practice of law to licensed attorneys serves the state’s substantial interest in protecting consumers. Attorneys are subject to training requirements, ethical rules and disciplinary oversight, while non-attorneys providing legal advice would not be governed by the same regulatory framework (CJ Staff, Federal Judge Dismisses NC Paralegals’ Free-Speech Lawsuit, Carolina Journal, Dec. 17, 2024).

The court also noted that North Carolina already allows paralegals to assist clients under attorney supervision and to provide legal information, even though independent legal advice remains restricted (CJ Staff, Federal Judge Dismisses NC Paralegals’ Free-Speech Lawsuit, Carolina Journal, Dec. 17, 2024).

The decision highlights an important tension within the legal profession: how to balance consumer protection with the need to expand access to legal services.

Some have suggested that limited licensure programs may offer a potential middle ground. Rather than eliminating UPL protections, such systems create regulated categories of legal professionals authorized to perform specific tasks within clearly defined practice areas (CJ Staff, Federal Judge Dismisses NC Paralegals’ Free-Speech Lawsuit, Carolina Journal, Dec. 17, 2024).

This concept is similar to developments in health care, where physician assistants and nurse practitioners provide certain services under defined scopes of practice while physicians continue to handle more complex medical issues (Deborah L. Rhode Ctr. on the Legal Pro., Stanford L. Sch., Licensing Legal Paraprofessionals).

VII. The Role of the Commission on Practice Innovation

The Supreme Court’s Commission on Practice Innovation has been tasked with studying whether models such as these could help address North Carolina’s unmet legal needs.

Specifically, the Commission will:

Study licensure models from other jurisdictions, including supervised practice, experiential assessments, limited-scope licensure, and other alternatives;
Examine the existing and potential regulatory framework for paralegals and paraprofessionals, including education, certification, supervision, scope of practice, and ethical considerations;
Assess how items (1) and (2) may address unmet legal needs and access to justice in North Carolina; and
Assess how alternative paths to licensure impact the quality of legal services being provided, and identify methods to monitor that impact.

The Commission will include representatives from across the legal profession, including judges, attorneys, law school faculty, regulatory organizations, and a paralegal or paraprofessional representative, reflecting recognition that paralegals may play an important role in future legal service delivery models. The Commission will also provide recommendations to the Court and the legal community regarding whether statutory or regulatory amendments may be necessary (Order Establishing the Supreme Court’s Commission on Practice Innovation, N.C. Jan. 28, 2026).

VIII. Looking Ahead

North Carolina’s exploration of practice innovation reflects a broader national movement toward rethinking how legal services are delivered. Limited license programs for paraprofessionals are not intended to replace attorneys but rather to expand the legal services ecosystem by providing additional pathways for individuals to obtain assistance in common legal matters.

North Carolina already maintains a framework for evaluating paralegal competency through the North Carolina State Bar’s Plan for Certification of Paralegals, administered by the Board of Paralegal Certification. The voluntary program allows paralegals who meet education and experience requirements to obtain the designation of North Carolina Certified Paralegal (NCCP) after passing a competency examination and completing continuing legal education requirements. Although certification is not required to work as a paralegal and does not authorize the independent practice of law or any form of limited licensure, the program establishes a recognized benchmark for training, testing, and continuing professional education within the profession. The existence of this program for examining and certifying paralegals may also provide a useful reference point as the Commission on Practice Innovation studies how other jurisdictions structure licensure and competency standards for paraprofessional legal service providers (N.C. State Bar Bd. of Paralegal Certification, Plan for Certification of Paralegals).

As the Commission on Practice Innovation begins its work, North Carolina’s legal community, including attorneys, regulators, and paralegals, will have the opportunity to examine how other jurisdictions have addressed similar access to justice challenges and to consider whether carefully regulated paraprofessional practice models could complement existing legal service structures while maintaining the professional standards that protect the public. For North Carolina paralegals, the Commission’s work may be particularly relevant because it directly concerns the regulatory framework governing the profession and the ways in which paralegals support the delivery of legal services throughout the state.

Additional Sources

Pro Bono Inst., Bringing Legal Resources to Legal Deserts (Feb. 15, 2023).

Order Establishing the Supreme Court’s Commission on Practice Innovation (N.C. Jan. 28, 2026).

Zachary Westmoreland is a North Carolina State Bar Certified Paralegal who has supported attorneys across the practice areas of corporate, tax, estate planning, and real estate finance. Zachary is committed to advancing the legal profession and currently serves on the Board of the Raleigh-Wake Paralegal Association and the Council of the North Carolina Bar Association Paralegal Division. He also serves on multiple NCBA Paralegal Division committees, including as Co-Chair of the Professional Responsibility Committee.

He earned a Bachelor of Arts in Political Science and Peace, War, and Defense from the University of North Carolina at Chapel Hill. During his undergraduate studies, he also completed UNC’s ABA-approved Paralegal Certificate Program. Upon completion of his bachelor’s degree, he became a member of Phi Beta Kappa. Zachary remains actively involved in pro bono and nonprofit initiatives throughout North Carolina, and he is dedicated to providing the highest level of client service and maintaining a strong commitment to continued legal education and professional development.

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March 20, 2026/by Paralegals