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| California’s efforts in regulatory reform have a long history of excellent work accomplished by dedicated volunteers. But this work is on the verge of being shut down, with some of it potentially lost. The State Bar of California’s Paraprofessional Program Working Group and the Closing the Justice Gap Working Group were formed following the work of the Task Force on Access Through Innovation of Legal Services. These groups had the charge of developing recommendations for legal paraprofessionals and a legal regulatory sandbox, respectively. These initiatives are similar to programs developed or under consideration in numerous states across the country, most notably Utah, Arizona, Minnesota, and Oregon. While the substantive proposals raised in these working groups were often the source of controversy, many observers (myself included) never questioned whether the groups would be able to submit their final reports—until late last year, when mobilized efforts from key opponent groups connected with California lawmakers to orchestrate the cessation of these State Bar efforts. After an initial request by these lawmakers to shut down the committee work, an amendment to the State Bar fee bill began working its way through the California State Legislature this spring. The external messaging attached to A.B. 2958 highlighted the ongoing failure of the State Bar of California to meet its core function of attorney discipline. Yet the lawmaker’s initial opposition letter—and the stance of those special interest groups—clearly attacks the substance of what these working groups were considering and the anticipated outcomes. And with the recent adoption of an urgency clause that will bring the bill into effect upon the Governor’s signature, it seems very clear that this regulatory reform exploration is the real target of the legislation. In the months to come, regulatory innovation advocates will surely be assessing the history of California’s attempt—hopefully to learn and improve upon processes in other states for updating the assumption-based regulatory structure that governs law practice in the U.S. |
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Natalie Anne Knowlton
August 2022 |
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| August 22: "California Lawmakers OK Bill to Keep Bar from Expanding Access" in Bloomberg Law
August 17: "Following decades of discourse on nonlawyer legal services, questions of motives continue" in the ABA Journal August 16: "California Takes Up Law Firm Ownership Fight After ABA Sidesteps" in Bloomberg Law August 11: "New Proposal for Legal Advocates Could Help with Housing Instability in Arizona and Utah" on IAALS Blog August 11: "On a Slow Train to Nowhere: Paralegal Family Law Practice in Ontario" in Slaw August 10: "Lawyer-Entrepreneurs Need Regulatory Changes To Increase Access to Justice" in the Recorder August 10: "'Change Is Coming': Despite ABA Vote, Law Firms Will Face More Rivals Outside the Legal Industry" in the American Lawyer August 10: "Colorado could be next to let non-lawyers provide limited legal services" on Reuters August 10: "US lawyers uphold opposition to non-lawyer ownership of firms" on Legal Futures August 9: "American Bar Association motion exposes ABS fault line" on Legal Futures August 7: "Non-attorneys practicing law? Colorado eyes new legal license for divorce, child custody cases." in the Denver Post August 4: "California Should Not Bar Access to Justice" in Bloomberg Law August 3: "ABA Center for Innovation Trends Report Details Strides in Legal Innovation" on IAALS Blog August 3: "Illinois State Bar Association Co-Sponsors Proposed American Bar Association Resolution and Report on Nonlawyer Ownership of Law Firms and Sharing Legal Fees With Nonlawyers" in the Bar News August 3: "Legislators shouldn't shut down ways to help Californians get legal help" on CalMatters August 2: "Lawyers trying to strangle alternative legal advice" on CalMatters July 29: "How A Law Prof Is Training Non-Attys As Immigrant Advocates" on Law360 July 28: "Oregon Joins Growing List of States Empowering Legal Professionals to Help More People" on IAALS Blog July 28: "LSB sets new expectations to ensure lawyers remain competent throughout their careers" in the Legal Services Board News July 28: "Solicitors face fresh competence checks" in the Law Society Gazette July 28: "LSB tells regulators to get moving with ongoing competence reform" on Legal Futures July 27: "California's Chief Justice Faults Legislature and Lawyer Lobbying for Blocking Movement on Regulatory Reforms" on LawSites Blog July 26: "How Did Legal Services Get So Unaffordable, and What Are We Going to Do About It?" on the The Chicago Bar Foundation's website July 22: "Editorial: Californians deserve affordable legal options. Politicians don't seem to agree" in the Los Angeles Times July 21: "Guest Commentary | Do our legislators believe in equal justice for all? Bill would kill civil legal system reform" in the Santa Cruz Sentinel July 20: "Non-lawyer licensing movement gains steam with Oregon approval" on Reuters July 18: "America's Lawyerless Courts" in the Law Practice Magazine July 14: "California Bar presses lawmakers to save legal innovation push'" on Reuters July 8: "As States Toy With Reform, Legal Tech Cos. Fill Justice Gap" on Law360 July 7: "LawtechUK launches 'regulatory pathfinding' programme" on Legal Futures June 27: "LSB research on unregulated legal services reveals potential consumer benefits and detriments" in the Legal Services Board News June 24: "Traditional partnerships dying out as ABSs top 1,000" on Legal Futures June 23: "Can Software Engage in the Unauthorized Practice of Law?" in Legaltech News June 21: "NQ salaries and the future of city law" on the Passmore Consulting Blog June 17: "Legal innovation initiatives are on the chopping block in California" on Reuters June 15: "Minnesota Supreme Court Builds Bridges with Regulatory Reform Opponents" on IAALS Blog June 15: "Taking on unauthorized practice of law regulations to expand access to justice'" on Legal Rebels Podcast |
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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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| Sec. 4 of bill AB2958 proposes to stop the State Bar of California's working groups that propose changes to the "monopoly that attorneys have over who can give legal advice, who can practice law, and who can represent people in Court." This bill now also proposes to put the working groups on hold until 2025. Sign this petition and tell Governor Newson: Californians need legal regulatory reform—and access to justice—now. |
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