Unlocking Legal Regulation

On February 26, IAALS and the University of Denver Sturm College of Law had the privilege of hosting Patricia Refo, President-elect of the American Bar Association, for a talk and Q&A regarding the re-regulation of legal services. Refo gave an engaging talk that explored how re-regulation could address the access to justice gap, as well as the questions the legal profession must address in the wake of innovation. 

This week, the ABA House of Delegates passed Resolution 115, encouraging regulatory innovations to expand access to justice. The ABA now joins the Conference of Chief Justices in this call to action—putting bar leadership on this issue on par with the leadership shown by the courts.

Efforts to re-regulate and innovate legal services took a major step forward last week at the Conference of Chief Justices’ midyear meeting, where members adopted Resolution 2. With the adoption of this resolution, CCJ adds its voice to the chorus calling for solutions to close the justice gap and rethinking the current regulatory framework to improve and expand the legal services offered to the public.

Technology has always been a key component of efforts to expand the realm of legal services. Yet, Ontario's former Attorney General Chris Bentley argues that the biggest roadblock to the development of direct to consumer legal technology tools is the lawyer monopoly on legal services.

Next week, the American Bar Association kicks off its 2020 Midyear Meeting, and the ABA Center for Innovation has submitted Resolution 115 for passage by the ABA House of Delegates. Resolution 115 would encourage jurisdictions to consider innovative approaches to increase low- and middle-income Americans’ access to justice and to collect and assess data before and after the adoption of any regulatory innovations.

As a member of the California State Bar Task Force on Access Through Innovation of Legal Services, I’m often asked how things are going with ATILS and what is coming next. Considering the recent increase in news coverage of our efforts, the critical feedback received to date, and with the Task Force recently being named to the 2020 American Bar Association’s list of Legal Rebels, I thought it was the right time to put together this quick blog post to provide everyone with an update from the Golden State.

This spring, IAALS and the Sturm College of Law will host a three-part speaker series, bringing together perspectives from the legal profession, academia, and state supreme courts. How people access legal services not only profoundly affects justice, but also has important implications for those who study, teach, or practice law. Join us in this stimulating series of talks about changes that can help us move towards the goal of justice for all.

Some lawyers have expressed concern that changes to the Model Rules of Professional Conduct will allow new players into the field, potentially reducing their income and/or taking their jobs. On the contrary, however, allowing new players in the business of legal services may make it possible for lawyers to scale their practices and enlarge the legal services pie for all.

The legal system has been regulated so tightly that it has led to a world where only a fraction of the citizens who require legal services can access them, and we cannot afford to fail those who cannot afford legal representation. Unlocking legal regulation is the answer and stands at the heart of the worthy efforts underway in states across the country.

The American legal profession is at a crossroads. We cannot continue to expect people to confront legal problems without legal advice. IAALS’ new Unlocking Legal Regulation project is taking a bold step forward and laying the foundation for a consumer- and people-centered legal regulatory system that opens the door for more service providers, more legal services, and more sustainable practices in the marketplace.