Office of Attorney Regulation Counsel
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Home > Admissions Information > Frequently Asked Questions About Licensed Legal Paraprofessionals (LLPs)
Licensed legal paraprofessionals (“LLPs”) in Colorado are a new legal profession. Under court rules approved by the Colorado Supreme Court in March 2023, paralegals and other legal paraprofessionals can apply for licensure to provide certain legal services in certain type of family law matters.
The Colorado Supreme Court’s lengthy process for determining the scope and details of the LLP program involved years of planning, a written public comment period, and a public hearing. The details of that process can be found here.
C.R.C.P. 207.1 governs the scope of an LLP’s practice of law in Colorado. LLPs can represent clients in: marital/civil union dissolutions and legal separations; allocations of parental responsibility; establishing, enforcing and modifying child support; name changes; protective orders; adult gender designation changes; and remedial contempt associated with that scope of practice. LLPs will be able to advise those clients, prepare and file papers in court, assist clients in mediation, and with some important limitations, appear at hearings. A longer description of what LLPs can do is set forth at C.R.C.P. 207.1(g). Civil and ethical rules requiring lawyers to have a good-faith basis for their filings and statements would apply to LLPs as well.
Please see sub-questions and answers to this FAQ topic.
Yes. C.R.C.P. 207.1(f)(xi) only applies when the specialized knowledge of an expert provided through an expert report or testimony is required due to the inherent complexity of the issue. If a court could accept lay opinion or other information about valuation or income as sufficient evidence to resolve the asset valuation or income determination issue, an expert is not required, and therefore the LLP may represent the client in the matter. For example, if valuation or income could be argued based on publicly available information, an expert report will not be required, and an LLPs could handle such cases, including any expert report that the parties jointly or separately elect to obtain. Additionally, an owner could testify to the value of property or business assets they own, and so an expert report or testimony is not required if that owner’s testimony is likely to be deemed sufficient due to the factual foundation. The mere fact that a party retains an expert who may be permitted to testify in a later proceeding does not mean that the testimony would be required to resolve a disputed issue, and therefore does not necessarily preclude an LLP’s representation of the client as to that issue.
LLPs should consult rules of evidence (701 and 702) and case law regarding the admissibility of lay and expert testimony. By way of example, when the case involves valuation of a marital residence or the income of a W-2 employee, a financial expert is typically not required, but there are always exceptions.
Yes. An LLP cannot represent a client in “matters in which an expert report or testimony is required to value an asset or determine income due to the inherent complexity of the asset or income at issue.” C.R.C.P. 207.1(f)(xi). This rule does not preclude LLP representation when the matter involves experts retained or appointed for purposes other than valuation of an asset or determination of income. For example, restrictions set forth in C.R.C.P. 207.1(f)(xi) do not apply to the use of child and family investigators (“CFIs”), parental responsibility evaluators (“PREs”), guardians ad litem (“GALs”), child legal representatives (“CLRs”), other mental health/substance use experts, etc. If an LLP is reasonably certain at the outset of a representation that a contested expert report or contested expert testimony will be required to value an asset or determine income material to resolving the entire matter, the LLP should not undertake the representation.
Not necessarily. C.R.C.P. 207.1(i) allows an LLP to continue to represent the client with respect to services an LLP is authorized to offer. A client may decide to retain an attorney for issues outside the scope of what an LLP can offer, and attorneys and LLP may work in tandem. If there are tasks or issues in the case that the LLP cannot address, the party’s options are to: (1) hire an attorney to address those issues while continuing to be represented by the LLP; (2) to hire an attorney to replace the LLP; or (3) proceed by self-representation on the matters that are beyond the LLP’s allowable scope of practice, with or without the continued assistance of the LLP, as authorized.
No. The rule is clear that an LLP may not examine witnesses in court. See C.R.C.P. 207.1(g)(xiii) (providing that an LLP’s permissible activities include “standing or sitting at counsel table with the client during a court proceeding to provide emotional support, communicating with the client during the proceeding, making statements and arguments in court other than examining a witness, answering questions posed by the court, addressing the court upon the court’s request, taking notes, and assisting the client in understanding the proceeding and relevant orders”) (emphasis added).
LLPs can prepare their client to make an offer of proof for the client to read in court. However, LLPs cannot directly make an offer of proof to the court. LLPs are allowed to make “statements and arguments in court other than examining a witness.” See C.R.C.P. 207.1(g)(xiii). “An ‘offer of proof’ typically states: (1) what the anticipated testimony of the witness would be if the witness were permitted to testify concerning the matter at issue; (2) the purpose and relevance of the testimony sought to be introduced; and (3) all the facts necessary to establish the testimony’s admissibility.” People v. Weiss, 133 P.3d 1180, 1186–87 (Colo. 2006) (citation omitted).
While C.R.C.P. 207.1 does not address depositions, it is not advisable for an LLP to conduct depositions. Depositions may be used in lieu of in-person court testimony when permitted by evidentiary rules or court rulings, but C.R.C.P. 207.1(g)(xiii) could preclude reliance on deposition testimony if the testimony is elicited by an LLP.
LLPs are allowed to make statements and arguments in court, so they could defend a deposition as long as they do not elicit testimony from the LLP’s witness or client. See C.R.C.P. 207.1(g)(xiii). However, it may be necessary for the LLP’s witness or client to provide additional deposition testimony to make a clear record. As a practical matter, the limitations on the LLP’s scope of matter may make it challenging to get that testimony on the record when defending a client at a deposition.
Yes. LLPs are allowed to make statements and arguments in court, which may include good-faith objections within their competency. See C.R.C.P. 207.1(g)(xiii). These objections could include those supported by the Colorado Rules of Evidence or obligations of a party under the Colorado Rules of Civil Procedure.
Yes. The process of preparing a client for a hearing is a critical part of representing a client in litigation, and generally falls within C.R.C.P. 207.1(g)(xiii).
C.R.C.P. 207.1(g)(iii) and (iv), discussing an LLP’s authority to prepare documents, only mentions forms approved by the Judicial Department or Supreme Court. However, neither provision requires strict adherence to the precise format and wording within the forms, nor do they limit the forms to those specific to domestic relations cases. There are a number of generic JDF forms, including a generic motion form (https://www.coloradojudicial.gov/sites/default/files/2024-05/JDF76.pdf) that LLPs can use. While a good practice is for an LLP to use JDF forms to ensure they will be accepted by the court, an LLP also can rely on templates that have been previously accepted by courts which have the necessary elements for acceptance in drafting or completing the types of documents contemplated by C.R.C.P. 207.1(g)(iv).
C.R.C.P. 207.1 lists the types of matters and services that an LLP cannot handle by themselves, and for those situations, a client needs to obtain the services of a licensed attorney or must handle the matter by themselves. An LLP still can assist in such situations under the supervision of a licensed attorney.
Here is the list of matters and issues outside the authorized scope of an LLP’s practice of law:
In addition to entering an appearance and filing pleadings and other documents in a court proceeding, LLPs are allowed to represent their clients in court hearings. They are able to speak in court, explain their client’s position, and tender stipulated exhibits. However, LLPs are not allowed to examine or cross-examine witnesses. LLPs may be restricted in their representation when a court has determined that an expert report or testimony is required to value an asset or determine income due to the inherent complexity of the asset or income at issue. Please see FAQs 2B and 2C for more information.
Under the LLP ethics rules, LLPs are required to advise their clients about the limitations on their scope of practice.
Under the LLP ethics rules, LLPs are required to identify themselves as such, including that they have only a limited license, in all advertising. LLPs also need to use the LLP designation in all court filings. LLPs have six-digit registration numbers beginning with the number 6 (attorneys have five-digit registration numbers).
LLPs need to complete annual registration and comply with applicable continuing legal education requirements. Failure to do so will result in an administrative suspension of their licenses.
Pursuant to Colo. LLP RPC 7.1(b), an LLP in a firm without lawyers must use the words “Licensed Legal Paraprofessional(s)” in the firm name. LLPs also must not make a false or misleading communication about the LLP or the LLP’s services, which may require the assertion or disclosure of facts or statements to avoid materially misleading the public. See Colo. LLP RPC 7.1(a). Therefore, an LLP could use the phrase “Licensed Legal Paraprofessional” or “Licensed Legal Paraprofessionals” in the firm name, but may need to disclose whether the LLP practices alone or with others on the LLP’s website or other advertising materials in order to avoid misleading the public if the number of practitioners appears to be inconsistent with the firm name. While an LLP-only firm must include “Licensed Legal Paraprofessional(s)” in the business name, those precise words are not required to be included within the firm’s website URL or email address.
C.R.C.P. 207.8 sets forth the requirements for licensure. All applicants must pass a family law exam and a legal ethics exam administered by the Office of LLP Admissions of the Colorado Supreme Court after having taken a legal ethics class. The legal ethics class may be taken within a degree program or as a stand-alone class. The Community College of Denver is offering an LLP-specific ethics class, which can be taken remotely – please click here for more information. Applicants also must satisfy character and fitness requirements and take the Office of Attorney Regulation Counsel professionalism course.
There is a set of educational options as well as an experience option for an interested person to become eligible to sit for the exams. There are five different types of degrees set forth at C.R.C.P. 207.8(3) that can qualify. Regardless of the type of degree, all Colorado LLP applicants must also demonstrate completion of 1,500 hours of substantive law-related practical experience, including 500 hours of experience in Colorado family law, within the three years immediately preceding the date of submitting the LLP application.
If an applicant does not have a qualifying degree, the applicant must demonstrate that the applicant has worked the equivalent of three full-time years in employment constituting substantive law-related practical experience, which must include the equivalent of one full-time year focused on Colorado family law, during the five years immediately preceding the date of filing the application. This period of time also must meet the timing standard of degree applicants: 1,500 hours of substantive law-related practical experience, including 500 hours of experience in Colorado family law, within the three years immediately preceding the date of submitting the LLP application.
The LLP Committee has issued eligibility guidance as to how applicants can demonstrate that their work experience qualifies. A certification from a licensed attorney as to applicants’ completion of work experience is necessary.
Under the program, LLPs are required to abide by the LLP Rules of Professional Conduct, modeled after those that apply to licensed attorneys. For example, LLPs must comply with confidentiality rules, conflict rules, court conduct rules, and money-handling rules just like licensed attorneys do.
If anyone believes that misconduct under those rules has occurred, that person can file a complaint with the Office of Attorney Regulation Counsel, which would follow attorney discipline and disability procedural rules to review the complaint. Serious misconduct could result in suspension or disbarment just as it would for licensed attorneys.
The exams are based on core competencies that a competent LLP is expected to know. Sample exam questions and more information on format are available on the LLP Admissions website.
The Office of LLP Admissions, housed within the Office of Attorney Admissions, has made an application available and publicizes deadlines at its website. Interested individuals may wish to assemble academic and employment records so they will be available during the application process. Interested individuals also may wish to review the core competencies a working group developed to establish competency standards for LLPs.
There is not any cap on the fees LLPs charge clients, or any income or asset restrictions on the type of client LLPs serve. However, limitations on an LLP’s scope of practice – such as the inability to independently handle matters requiring an expert report to value income or an asset – are likely to lead to LLPs serving mostly moderate income rather than higher income clients. Higher income or higher asset clients generally often have more complex matters that need the assistance of an attorney. As with attorneys, market forces will be the most significant factor in the rates LLPs charge clients. In states with similar programs, LLPs typically charge hourly rates ranging from a quarter to a half that of attorneys.
The cost to become an LLP will depend in part on an individual’s educational path and whether they can meet the eligibility requirements through experience alone. However, they are charged an application fee to help cover the cost of the exam, an annual registration fee, and certain costs associated with continuing legal education. The timely application fee is $710; that does not include the state fingerprint fee. The annual registration fee currently is set at $190 a year for the first three years of practice and $325 each year after that.
LLPs are not required to carry malpractice insurance, since Colorado licensed attorneys are currently not required to have malpractice insurance. However, LLPs are required to publicly disclose whether they carry malpractice insurance as part of their annual registration.
Judicial officers are receiving training at the statewide judicial conference, the statewide domestic relations and probate judicial conference and other virtual training to learn about the LLPs program.
