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Rigorous data collection and evaluation is critical to understanding whether a state is meeting its stated goals. Without it, proponents and opponents alike can only speculate about the effectiveness of implemented regulatory reforms. When states are having conversations around their stated goals for regulatory reform, they should also discuss how they will measure the success of the program. To learn more about how to embed data collection into your regulatory innovation initiative, read these considerations or get in touch.

Below is the data that has been shared out so far by states that have launched regulatory initiatives.

Regulatory Sandbox

A regulatory sandbox is a policy tool through which new models or services can be offered and tested to assess marketability and impact and inform future policymaking while maintaining consumer protection. It is risk-based regulation involving one or more regulatory models (e.g., ABSs, community-based models, etc.).

Utah’s regulatory sandbox is built largely on the model IAALS developed and published in 2019. IAALS is acting as an independent third-party evaluator for the sandbox. We are conducting an interim evaluation, which we anticipate publishing in early 2024. Read more here.

Alternative Business Structures

An alternative business structure, or ABS, is a business entity that includes people who aren't lawyers who have an economic interest or decision-making authority in a firm and provides legal services in accordance with local Supreme Court and ethics rules. This regulatory model is often referred to as entity-based regulation. It targets people of all income levels and businesses and involves changing or eliminating Model Rule of Professional Conduct 5.4.

In Auto Clubs and Lost Origins of the Access to Justice Crisis, the Deborah L. Rhode Center on the Legal Profession at Stanford studied the history of auto clubs in the United States, specifically in the 1920s and 1930s when they had in-house lawyers handling various legal matters for members. This article includes historical information and data that supports the idea that alternative business structures can deliver legal services to a wide range of legal consumers without causing harm.

Allied Legal Professionals

"Allied legal professionals" is the term IAALS uses to describe a tier of providers who are trained and certified to offer legal advice and services for certain case types. This is a market-based model that targets middle and low-income individuals and requires relaxation of/exemption or waiver of unauthorized practice of law (UPL) rules.

Community-Based Justice Workers

Community-based justice worker models involve training and certifying individuals working at community-based organizations to offer legal advice and services in certain case types. These models target low-income individuals and require modification of/exemption from or waivers of UPL restrictions. Currently, existing projects like these are authorized through state supreme court Administrative Orders or the Utah Sandbox.

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