Are We Our Brother's Keepers? A Discussion of Nonlawyer Representation Before Texas Administrative Agencies and Recommendations for the Future



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Texas Tech Journal of Texas Administrative Law


This comment discusses the proper role of a nonlawyer (including: paralegals, disbarred attorneys, and attorneys from outside jurisdictions) in administrative proceedings and whether Texas agencies should not only acknowledge the nonlawyer’s role, but also pass laws that both include and regulate lawyers. It begins with a brief history of the exclusion of the nonlawyers from administrative agency hearings, including Texas’s history of nonlawyer exclusion. It suggests a framework and analysis for Texas agencies to apply in determining whether to allow nonlawyer representatives. Further, it proposes what type of regulation a nonlawyer should be subject to by looking at different ethics regulations, including the Texas Disciplinary Rules of Professional Conduct. Finally, it argues why nonlawyers must be subject to more regulation by administrative agencies.



Administrative law, Administrative agencies, Nonlawyer representation, Nonlawyer regulation, State Office of Administrative Hearings, SOAH, Lay competition, Administrative hearings, Walters v. National Association of Radiation Survivors, Booth v. Texas Employers’ Insurance Association


8 Tex. Tech J. Tex. Admin. L. 115