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| Happy New Year and welcome to 2024! We have a feeling it’s going to be another big year for regulatory innovation. Why? Because we are kicking the year off with the filing of another first amendment lawsuit and the sharing out of some new research. On the litigation front, the Institute for Justice filed a first amendment lawsuit against the State of North Carolina on behalf of two certified paralegals—Morag Black Polaski and Shawana Almendarez—and the North Carolina Justice for All Project. Similar to the Upsolve and South Carolina NAACP cases, the plaintiffs in this case argue that North Carolina’s unauthorized practice of law statute infringes on their first amendment free speech rights.
On the research front, i4J recently published a law journal article (start on p. 66) covering the past four years of their UPL-reform research and design work. I4J has also been busy working on a project examining the potential of UPL reform to advance domestic violence advocacy. A full project description is available here, and they are expecting to share initial findings from the first four research questions the second week of February. Also earlier this month, the Colorado Supreme Court’s Attorney Regulation Advisory Committee Providers of Alternative Legal Services Subcommittee shared that they have 77 applicants so far for the inaugural licensed legal paraprofessional exam in April. Finally, ICYMI in December, the Texas Access to Justice Commission Access to Legal Services Working Group released a Report and Recommendations and solicited public comments. Around the same time, the Legal Aid Interagency Roundtable released its 2023 Report—Access to Justice in Federal Administrative Proceedings: Nonlawyer Assistance and Other Strategies. As always, we have several webinars and conferences highlighting regulatory innovation coming up so be sure to check them out below! |
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Jessica Bednarz
January 2024 |
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| January 23: “Innovative New Project Launches to Increase Access to Justice for the Overlooked Middle Class” on IAALS Blog January 19: “Texas Non-Atty Ownership Plan Fizzles As Justice Gap Fix” on Law360 January 18: “Paralegals Look To The First Amendment To Open Access To Justice” in Forbes January 8: “Paralegals want to provide ‘simple legal advice’ without getting a law license: Lawsuit” on Law & Crime January 5: “North Carolina Suit Aims to Broaden Who Can Provide Legal Advice” in Bloomberg Law January 4: “The Role of the Committee of Paralegal Assessors for Oregon Licensed Paralegals” on IAALS Blog January 4: “In NC, only lawyers can give legal advice. A new lawsuit aims to change that” on Yahoo News January 4: “Advocates boost legal services to MT's native tribes” on Public News Service December 20, 2023: “Proposal for licensed paraprofessionals in Texas gains steam with commission support” in the ABA Journal December 15, 2023: “Nonlawyer Ownership in England and Wales Deserves US Attention” in Bloomberg Law December 14, 2023: “4th Circ. Pauses Fight Over SC Non-Atty Legal Advice Law” on Law360 December 6, 2023: “White House Legal Aid Interagency Roundtable Issues Report” on the U.S. Department of Justice Office of Public Affairs website December 5, 2023: “Fla. Bar Passes On Atty Investments In Non-Atty-Owned Firms” on Law360 Pulse December 5, 2023: “Area residents can find alternative legal representation” on Yahoo News |
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Resources
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| Final Report and Recommendations to the Minnesota Supreme Court from the Standing Committee for Legal Paraprofessional Pilot Project
Tribal Advocacy Incubator Project from the Montana Legal Services Association Report and Recommendations of the Texas Access to Justice Commission Access to Legal Services Working Group Written comments s to the Texas Access to Justice Commission Access to Legal Services Working Group Legal Aid Interagency Roundtable 2023 Report—Access to Justice in Federal Administrative Proceedings: Nonlawyer Assistance and Other Strategies Black Polaski et al v. Stein “Taking Community Justice Workers Nationwide” on the Talk Justice podcast “Leveraging Unauthorized Practice of Law Reform to Advance Access to Justice” in the Law Journal for Social Justice i4J’s The Potential of UPL Reform to Advance DV Advocacy project description |
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From the Sandbox
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Some highlights from the latest activity report out of Utah's Office of Legal Services Innovation:
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Visit our
Knowledge Center to track what's happening around the country and the world when it comes to legal regulation, as well as submit information and sign up for notifications.
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| Here are some upcoming events during which regulatory reform or innovation has been identified as a topic for discussion. For purposes of this events section, we are defining regulatory reform and innovation as rethinking how legal services are regulated and delivered and as expanding the ecosystem of service providers who can deliver legal help.
January 25: “Legal Services Evolution: Comparing the Roles of Allied Legal Professionals and Federal Accredited Representatives” webinar January 29: “Findings from the 2023 Legal Aid Interagency Roundtable Report - Nonlawyer Assistance and Other Strategies to Increase Access to Justice in Federal Administrative Proceedings” webinar February 1: “The Role of Allied Legal Professionals: Systems Change and How the Healthcare Industry Succeeded in Expanding Career Paths” webinar February 1–3: LSC’s Innovations in Technology Conference February 9: Legal Paraprofessional Summit February 9: Urban Law Journal Spring Symposium: With People Struggling and the Law Failing, What are the Solutions to the Access to Justice Crisis in America? February 27: “Transforming the Delivery of Legal Services: Unveiling the Above the Line Network” webinar February 28–March 1: Access to Justice and the Future of Justice Work Conference March 7: “Tackling Root Causes & Overcoming the Middle-Class Access to Justice Problem” webinar March 19: “Alternate Legal Providers: Colorado’s New Licensed Legal Paraprofessional Program” webinar |
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IAALS is a national, independent research center dedicated to facilitating continuous improvement and advancing excellence in the American legal system. Our mission is to forge innovative and practical solutions to problems within the American legal system. |
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