On February 19, the Virginia State Bar will hold a hearing to consider Unauthorized Practice of Law Opinion 207, which states that a social worker preparing forms for self-represented litigants in small claims court is engaged in the unauthorized practice of law. HALT, a national legal consumer group, submitted written comments to the bar, urging the rejection of the proposal, arguing that preventing social workers from assisting small claims litigants threatens to hurt those who already have the least access to courts.

HALT, which works to reduce and eliminate barriers that prevent legal consumers from resolving their legal affairs simply and affordably, has staunchly advocated increasing access to and the user-friendliness of small claims courts. Unfortunately, Virginia's small claims courts already rank among the nation's worst, receiving a "D" grade in HALT's 2004 Small Claims Report Card. UPL Opinion 207, if passed, would go even further toward undermining the potential of small claims courts as venue that allows ordinary people to take charge of their legal affairs.

"Virginia's small claims courts are on the verge of going from bad to worse. The forms that small claims litigants need to fill out are more complicated than a tax return and have fewer accompanying instructions," stated HALT Senior Counsel Thomas Gordon. "If the Virginia Bar has its way, consumers will not be allowed any assistance in filing in small claims court. At least with a tax return, H&R Block can help you complete it."

In comments to the bar, HALT outlined the difficulty of filing in Virginia's small claims courts, which requires litigants to complete hard-to-understand forms. HALT urged Virginia to follow the model of other states that allow nonlawyer assistance and, in states like California, actually provide small claims advisors to provide such a service.

"The vast majority of Virginia small claims litigants are unable to complete court forms unassisted. If the Virginia Small Claims Division is to serve any meaningful function as an accessible arbiter of justice, litigants must be allowed to use the assistance of nonlawyers," stated Gordon.

HALT has worked to abolish a number of other unauthorized practice restrictions that unnecessarily block access to nonlawyer services. HALT advocates the simple definition that the unauthorized practice of law means saying you are a lawyer when you are not.

Founded in 1978, HALT—An Organization of Americans for Legal Reform is a nonpartisan, nonprofit public interest organization. HALT pursues an aggressive education and advocacy program that challenges the legal establishment to improve access, increase accountability and reduce costs in the civil justice system.