*INDEPENDENT PARALEGALS

An independent paralegal, also referred to as a forms practitioner or document preparer,
usually performs work without attorney supervision.

Often, this work is not considered legally substantive, but clerical in nature.

Work is performed directly for, and delivered directly to the consumer, or member of the
public.

*FREELANCE PARALEGALS

A freelance paralegal, or a contract paralegal not employed by an attorney in a law firm,
governmental entity or corporation.

Freelance paralegals are retained on an as-needed basis by attorneys in these settings.

* THIS INFORMATION IS TAKEN IN PART BY AND IS PUBLICLY POSTED BY THE
National Federation of Paralegal Associations, Inc. (NFPA®)



CPS believes that if one is going to represent themselves as a Paralegal, a non-attorney who provides legal
services to attorneys or legal documentation services to the public, that the Paralegal have:  

A.) at least 60 hours or more of Paralegal Studies  B) 3 or more years of actual legal experience directly
working for an attorney

Membership in a local or national association, does NOT further validate a Paralegals' experience or
training, nor should membership be used in lieu of the education and training.  

CPS is a company that is considered to be both Freelance and Independent Paralegals, as we provide legal
documentation services to both attorneys and the public.  Freelance or Independent Paralegals are more
likely to be targeted by competing sole practitioner attorneys, paralegals, and other legal service providers,
alleging UPL.  

CPS carefully documents all telephone calls and client assignments, so as to ensure the it does not violate
any state or federal laws regarding UPL.
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The below is a list of federal agencies that allow nonlawyer representation.

Federal Agencies That Permit Nonlawyer Representation

The statutory authority for each is shown after the name of the agency.

Board of Immigration Appeals
Immigration and Naturalization Service [8 CFR 292.1-3]
Bureau of Indian Affairs
Financial Assistance and Services Program [25 CFR 20]
Civil Aeronautics Board [14 CFR 300.1-6, 302.11]
Comptroller of the Currency [12 CFR 19.3]
Consumer Product Safety Commission [16 CFR 1025.61, et seq.]
Department of Agriculture
Food Stamps [7 CFR 273]
Marketing Service [7 CFR 50.27]
Department of Commerce
Patent & Trademark Office* [35 U.S.C. § 31-33]
*Only registered practitioners are permitted to practice. Nonlawyers become registered by passing a character and fitness review and an examination. Nonlawyers who
have served four years in the examining corps of the Patent and Trademark Office may waive the exam. See 57 CFR 1.341
Office of Secretary [5 CFR Part 1201]
Department of Health and Human Services
Food and Drug Administration [32 CFR 12.40, 12.45]
Public Health (Medicare, Part B) [42 CFR 405]
Welfare (Medicare, Aid to Families w/Dependent Children [45 CFR 205]
Department of Justice
Drug Enforcement Administration [21 CFR 1316.50]
Department of Labor
Benefits Review Board [20 CFR 802.201(b), 802.202]
Employees Compensation Appeals Board [20 CFR 501.11]
National Railroad Adjustment Board* [45 U.S.C. 3153]
*Only entities identified in 45 U.S.C. § 151 are allowed to practice. Almost 100% of nonlawyer representation is by industry employees.
Wage and Appeals Board [20 CFR 725.362(a), 725.365, 725.366(b)]
Department of Transportation
Maritime Administration* [46 CFR 201.21]
*Only registered nonlawyers are permitted to practice.
Department of Veterans Affairs
Veterans Administration [38 CFR 14]
Federal Deposit Insurance Corporation* [12 CFR 308.04]
*Only qualified nonlawyers are permitted to represent.
Federal Energy Regulatory Commission [18 CFR 385.2101]
Federal Maritime Administration* [46 CFR 502.30]
*Only registered nonlawyers are permitted to appear. Certificates of registration are issued on payment of processing fee and completion of application form indicating
sufficient educational qualifications and recommendations. There is no testing or formal licensing.
Federal Mine Safety & Health Review Commission* [29 CFR 2700.3(b)]
*Appearances are made at trial hearings before administrative law judges and at appellate reviews before commissioners. A nonlawyer may practice only if the
nonlawyer is a party, a representative of miners as described in 30 CFR § 10.1(b), or the owner, partner, full time [sic]officer or employee of the party-business entity;
otherwise a nonlawyer is permitted to appear for limited purpose in special proceedings.
General Accounting Office* [31 U.S.C. 731-732; 4 CFR 11, 28; GAO Orders 2713.2, 2752.1 and 2777.1]
*Permitted in adverse actions, grievance proceedings and discrimination complaints.
Internal Revenue Service* [13 CFR Part 10; 31 U.S.C. 330]
*Nonlawyers must become enrolled agents by passing a character and fitness review and successfully completing a special enrollment examination testing on federal
taxation and related matters. A nonlawyer may also qualify based on former employment with the IRS, provided such duties qualify the individual.
Interstate Commerce Commission* [49 CFR 1103]
*Only registered nonlawyers are permitted to practice. To register, applicant must (1) meet educational and experience requirements, (2) undergo character and fitness
review, (3) pass exam administered by the agency testing knowledge in the field of transportation, and (4) take an oath. See 49 CFR § 1103.3.
National Credit Union Administration [12 CFR 747]
National Mediation Board [agency governed by 29 CFR 1200]
National Transportation Safety Board* [49 CFR 821, 831, 845]
*Nonlawyer appearances are infrequent except at investigatory levels.
Nonlawyer participation is discouraged because technical expertise is required.
Occupational Safety and Health Review Commission [29 CFR 2200.22]
Small Business Administration [13 CFR 121.11, 134.16]
Social Security Administration [42 U.S.C. 406(a); 29 CFR]
Supplemental Security Income (SSI) [20 CFR 416, subpart O]
U.S. Customs Service [no statute or regulation]
U.S. Environmental Protection Agency [40 CFR 124, 164.30, 22.10]

State Agencies That Permit Nonlawyer Representation

In addition to nonlawyer representation at federal agencies, the below is an initial listing of state and local agencies that allow
nonlawyer representation.

Alaska
Human Rights Commission (Alaska Op. Att. Gen. 1979 WL 22915)
Nonlawyer may appear at an administrative hearing.

California
Workers Compensation (California Bar Committee on Professional Responsibility formal opinion 1988-103)
A law firm can allow its paralegals to represent clients at workers compensation hearings if there is supervision and the client consents
to nonlawyer representation.

California
Labor (California Labor Code, sections 5501, 5700)
Allows nonlawyer representation.

California
Unemployment (California Unemployment Insurance Code § 1957 (1956)
Nonlawyer may represent any individual claiming benefits in any proceedings before the Appeals Board.

Illinois
Department of Unemployment Security (820 ILCS 405/806)
A nonattorney may represent an individual or entity in any proceeding before the Director, referee or board of review.

Illinois
Workers Compensation (50 Ill. Admin Code Sec. 7020.40(b)
Nonlawyers may appear on routine matters such as agreed continuances or other agreed ministerial acts before the Industrial
Commission for workers compensation matters.

Michigan
Unemployment Compensation
Allows nonlawyer representation.

Minnesota
Workers Compensation
Nonlawyers allowed to represent employers before workers compensation administrative law judge.

New York
70% of state agencies and 63% of New York City agencies allow some form of nonlawyer representation.
[New York County Association, Committee on Legal Assistants, Committee Report (October 14, 1993)]

Ohio
Workers Compensation
Nonlawyers are allowed to represent parties before the Industrial Commission.

Washington - Seattle (King County)
Courts, King County Bar Association Opinion
Nonlawyers are allowed to present ex parte orders that have been agreed on.

Washington - Tacoma (Pierce County)
Courts, Pierce County Bar Association Opinion
Nonlawyers are allowed to present ex parte orders that have been agreed on.

Wisconsin
Workers Compensation
Allows nonlawyer representation.
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Chicago Paralegal Services
Below is a list of
federal agencies
that allow
non-attorney
representation.