Unlocking Legal Regulation

The Chicago Bar Association and Chicago Bar Foundation Task Force on the Sustainable Practice of Law and Innovation is one of the latest groups to issue a set of recommendations that seek to address the growing disconnect between the public’s legal needs and the lawyers who can serve them. The task force is accepting public comment on these recommendations through August 21.

Last week, in a historic vote, the Utah Supreme Court voted unanimously to establish a regulatory sandbox for nontraditional legal services providers in order to address the state’s access to justice crisis. These rule changes will allow individuals and entities to explore creative ways to safely allow the practice of law and reduce constraints on how lawyers market and promote their services.

Studies show that up to 80 percent of Americans’ civil legal needs go unmet—and that will likely grow due to the pandemic. Change cannot wait any longer. It is time for us to reimagine the ways in which legal services in our country are delivered, and leaders across the profession are calling for immediate action.

On June 25, IAALS and the University of Denver Sturm College of Law co-hosted a virtual discussion with William Henderson, law professor and an ABA Journal Legal Rebel, who laid out how and why the current legal regulatory system is no longer working and why state supreme courts are best positioned to pioneer new regulatory models.

The California Board of Trustees is meeting today to consider the charter and composition of the Closing the Justice Gap Working Group. We at IAALS applaud the board for creating the working group and committing to move forward with important and innovative legal services solutions, but we strongly encourage them to significantly diversify its membership.

The regulatory reform signal shines brightly over Utah and your help is needed—will you answer the call? The public comment period on Utah's proposals to expand the delivery of legal services is open until Thursday, July 23. It is imperative for all those who are committed to making justice available for all to submit comments in favor of these important advancements.

The legacy of racism that blights our criminal justice system also creates inequities in our society more broadly. IAALS joins others in this process of listening, reflecting, and recommitting ourselves to the goals of equity and inclusion, because they are central to our vision of a justice system that works for all people.

Unauthorized practice of law rules grant lawyers a monopoly on providing legal advice and prevent “nonlawyers” from providing any meaningful legal assistance. This mindset codified in the UPL rules, along with our country’s staggering racial wealth gap, have a chilling effect on Black Americans' access to the legal system.

The Independent Review of Legal Services Regulation has published its final report, which is designed to assist the government in assessing the current regulatory framework for legal services in England and Wales and contribute to the momentum around new frameworks for regulation.

New Mexico is one of the latest states to look to regulatory innovation to increase access to legal services. On January 24, the state supreme court approved a number of recommendations, including enlisting nonlawyer court navigators to assist self-represented litigants in navigating the system.