Petition for the American Bar Association (ABA) to Cease Using the Term "Nonlawyer"

Statement:

We, the undersigned, call upon the American Bar Association (ABA) to cease using the term "nonlawyer," and instead engage in the work and dialogue to determine a more appropriate term that more accurately respects and acknowledges the wide range of contributions and roles of all legal professionals. The new term should reflect the diversity of modern legal practice, promote legal innovation, and foster an inclusive future for the legal profession. 

Please “Sign” by Liking and Commenting Affirmatively. We invite legal professionals, organizations, and advocates who share our commitment to promoting inclusivity, respect, equality, and precision to add their names to support this petition. Your signature is a powerful statement of solidarity and commitment to driving positive change within the ABA and the broader legal community. Simply “Like” and/or “Comment” your support below.

Analysis: 

I. Introduction

Statement of Purpose. As members of the legal community, we advocate for language that fosters inclusivity and respect. The ABA sets standards, shaping our profession’s future. Together, we share the belief that language matters. This petition addresses a pervasive issue within the ABA's discourse: the continued usage of the term "nonlawyer." We firmly believe that this term perpetuates negative stereotypes and hierarchical structures, undermining our profession’s fundamental principles of inclusivity and respect.

Explanation of the Issue. The term "nonlawyer" has long separated people who lack a law degree from those who hold one. While seemingly innocuous, this term subtly (or overtly) reinforces an artificial hierarchy. It implies a binary division between lawyers and others, inadvertently (or purposefully) marginalizing the invaluable contributions of our legal support professionals, paralegals, and other professional colleagues (e.g., COOs, CFOs, CTOs).

Moreover, the term "nonlawyer" fails to capture the rich diversity of roles and expertise present within the legal ecosystem. It reduces individuals to what they are not rather than recognizing and celebrating their unique skills and contributions. This narrow, exclusionary framing not only diminishes professional identities but also inhibits greater collaboration, diversity, and inclusion.

The ABA’s prevalent use of “nonlawyer” mirrors the term’s use throughout our profession.  A March 2024 search for “nonlawyer” on the ABA website resulted in 1,286 results. Words matter. And the “nonlawyer” word emphasizes “the other” — separating the “haves” (law degrees and bar memberships) from the “have nots.”

The medical profession does not delineate “doctors” and “nondoctors.” Instead, all medical professionals—receptionists, phlebotomists, nurses, physician assistants, and others contributing to improving medicine—are valued for their contributions. Calling a physician’s assistant a “nondoctor” would be insulting and diminish that person’s valuable role in improving and keeping medical care more affordable and effective.

By addressing the ABA’s usage of the term "nonlawyer," we aim to spark a broader conversation about the power of language in shaping professional culture and identity. We believe that by eliminating this outdated and exclusionary term, the ABA can take a significant step toward making our profession more inclusive, equitable, and respectful. 

II. Background

Definition and Usage of the Term "Nonlawyer". The term 'nonlawyer' has been used to categorize those without a law degree, often overlooking their expertise. It’s a linguistic divider, separating lawyers from those outside traditional legal education. These professionals often have undergraduate, graduate, and post-graduate degrees in their respective fields (e.g., BS, MBA, PhD). Frequently, someone at the top of their field (e.g., Wharton MBA) — who could otherwise be a CEO in a Fortune 20 company — can be derisively labeled a “nonlawer.”

Historical Context and Implications. The term "nonlawyer" dates back decades, reflecting deeply ingrained attitudes and assumptions about the legal profession. However, its historical context reflects hierarchy and exclusivity, perpetuating notions of lawyer superiority and diminishing the value of non-attorney professionals.

This past year, the ABA has engaged in a similar effort, changing the long-used language of “special master” to “court-appointed neutral.” Just as that change reflected our profession’s recognition that words matter, seeking to better describe roles, we think that this effort can similarly reflect our profession’s values.

Impact on Professional Culture. The term "nonlawyer" has helped develop a professional culture marked by elitism and stratification within the legal community. By implicitly (or explicitly) relegating non-attorney professionals to a secondary status, “nonlawyer” fosters an environment where their contributions are undervalued and their voices marginalized.

Furthermore, this term has broader societal implications, reinforcing stereotypes and barriers that inhibit our profession’s diversity and inclusion. It creates an "us versus them" mentality that undermines efforts to cultivate collaboration and mutual respect among our legal community.

Lack of Precision and Inclusivity. The term "nonlawyer" fails to capture our legal ecosystem’s diverse roles and contributions accurately. It overlooks other professionals' specialized expertise and skills, thereby perpetuating a narrow and exclusionary view of the legal profession.

Ethical and Professional Considerations. From an ethical standpoint, using the term "nonlawyer" raises concerns about fairness, dignity, and respect. It runs counter to the principles of equality and professionalism that underpin the ABA's mission, and it undermines efforts to promote our legal community’s diversity, inclusion, and equity. 

Furthermore, using this term poses reputational risks for the ABA, potentially alienating other professionals and diminishing the organization's leadership credibility. 

In light of these considerations, the ABA should take proactive steps to stop using the term "nonlawyer" and adopt more inclusive and respectful language that reflects our profession’s diverse contributions.

III. Arguments for Change

Promoting Inclusivity and Respect. Eliminating the term ‘nonlawyer’ would reflect the ABA's commitment to inclusivity and respect. Embracing language that recognizes individuals' diverse roles and contributions, regardless of their legal qualifications, sends a powerful message of solidarity and equality. Examples:

• Rule 5.3 Responsibilities Regarding “Nonlawyer” Assistants though explicitly using the term “nonlawyer,” underscores the importance of respectful and collaborative relationships within legal teams. Rule 5.3 Responsibilities Regarding Nonlawyer Assistants

• Rule 5.4 Professional Independence of a Lawyer, though explicitly using the term “nonlawyer,” delineates the boundaries of a lawyer's professional independence, recognizing the role of “nonlawyer” assistants. Rule 5.4 Professional Independence of a Lawyer

• Rule 5.5 Unauthorized Practice of Law, though it does not explicitly use the term “nonlawyer,” highlights the importance of maintaining professional integrity and independence while recognizing the diverse roles of legal professionals. Rule 5.5 Unauthorized Practice of Law; Multijurisdictional Practice of Law

• Rule 5.7 Responsibilities Regarding Law-Related Services acknowledges the evolving landscape of legal services, emphasizing professional integrity and competence, irrespective of legal qualifications, including every “nonlawyer.” Rule 5.7 Responsibilities Regarding Law-Related Services

• Rule 1.1 Competence, though explicitly using the term “nonlawyer,”  highlights the fundamental duty of lawyers to provide competent representation to clients. This duty extends to ensuring that all legal team members, including other professionals, meet certain standards of competence. Rule 1.1 Competence

Fostering Collaboration and Professional Diversity. Moving beyond the divisive language of "nonlawyer" opens the door to greater diversity and collaboration. By acknowledging other professional value and expertise, the ABA can create opportunities for meaningful engagement and partnership across disparate roles and backgrounds.

Recognizing the Value of Legal Support Professionals. Legal professionals—including paralegals, legal assistants, MBAs, marketing professionals, COOs, CTOs, and other professional colleagues—play a vital role in delivering legal services. Their unique skills, perspectives, and experiences enrich legal practice and contribute to legal organizations’ success. The ABA can strengthen our profession by using language that recognizes and honors other professional contributions.

IV. Proposed Action

Call to Action: Eliminate the Term "Nonlawyer". Going forward, the American Bar Association (ABA) should remove the term "nonlawyer" from its discourse. This includes official rules, communications, publications, events, and all other contexts where the ABA's voice is heard. By ceasing to use this outdated and exclusionary term, the ABA can signal its commitment to fostering a more inclusive, equitable, and respectful environment for all members of the legal ecosystem. 

Alternative Terminology. To replace the term "nonlawyer," the ABA should consider using an alternative term — such as "legal professionals," “allied professionals,” “domain professionals,” or another appropriate, inclusive, and better term — to accurately depict individuals within the legal profession who do not hold a law degree or are not licensed attorneys. We acknowledge that the ABA may need some effort (e.g., a working group) to determine a more appropriate term. The terms above are inclusive and respectful, and appropriately acknowledge our legal ecosystem’s diverse roles and contributions. And this effort will be worthwhile, resulting in an improved bar and profession. 

Inclusive Language Guidelines. The ABA should develop and promote inclusive language guidelines that encourage our profession to use language that respects everyone’s dignity and contributions, regardless of title or educational credentials. These guidelines should emphasize avoiding language that perpetuates stereotypes, marginalizes certain groups, or reinforces artificial, unhelpful hierarchies. .

Education and Awareness. The ABA should also commit to ongoing education initiatives, raising awareness about how more inclusive language can improve professional culture and identity. This may include offering CLEs, training programs, workshops, and resources to help legal professionals understand this language’s significance in shaping legal professional culture. The ABA can empower its members to become agents of positive change by fostering greater awareness and understanding. 

V. Conclusion

The ABA’s common use of the term "nonlawyer" and our asking the ABA to cease that practice are not merely a matter of semantics; they are a call to action rooted in principles of equality, diversity, and respect. The ABA can lead by example by addressing this issue, setting our legal ecosystem a new standard for professionalism and inclusivity.

Urging ABA Leadership to Take Decisive Action: We call upon the ABA leadership to acknowledge the breadth of this issue, noting that various other bar organizations, including state bars, as well as entities such as courts and law firms, follow the ABA practices and also utilize the term "nonlawyer." By carefully considering the arguments presented in this petition and eliminating the term "nonlawyer" from its discourse, the ABA would not only refine its own language but could also set a powerful precedent across the legal sector. 

Adopting alternative terminology that more accurately reflects the diverse roles and contributions within our ecosystem, coupled with promoting related guidelines and awareness initiatives, would send a compelling message. This is particularly significant given the extensive replication of the ABA's model rules and recommendations. 

This change would underscore the importance of inclusive language and could catalyze a sector-wide shift towards more respectful and accurate descriptions of all participants in the legal field. 

Signatories and Support

Please Sign. We invite legal professionals, organizations, and advocates who share our commitment to promoting inclusivity, respect, and equality to add their names to support this petition. Your signature is a powerful statement of solidarity and commitment to driving positive change within the ABA and the broader legal community.

Please Share and Spread Awareness. We encourage you to share this petition widely within your networks and communities. We can mobilize support and effect meaningful change by raising awareness and promoting more inclusive language. Together, we can amplify our voices and improve legal culture and practice.

Contacts for Further Engagement. Please contact Olga V. Mack and Damien Riehl for inquiries, feedback, or further engagement. We welcome your input and collaboration as we work towards creating a more inclusive, equitable, and respectful legal profession.

Thank you for your support and commitment to this important cause. Together, let’s stand united, creating a legal profession that reflects the values of equality, diversity, and respect for all.

Please “Sign” by Liking and Commenting Affirmatively. We invite legal professionals, organizations, and advocates who share our commitment to promoting inclusivity, respect, equality, and precision to add their names to support this petition. Your signature is a powerful statement of solidarity and commitment to driving positive change within the ABA and the broader legal community. Simply “Like” and/or “Comment” your support below.