Several weeks ago, I wrote about the proposal by the State Bar to allow non-lawyers to practice law. More specifically, the proposal under the rubric allowing access to justice for more members of society include:
Narrowing restrictions on the unauthorized practice of law (UPL) to allow persons or businesses other than a lawyer or law firm to render legal services, provided they meet appropriate eligibility standards and comply with regulatory requirements;
Permitting a non-lawyer to own or have a financial interest in a law practice; and
Permitting lawyers to share fees with non-lawyers under certain circumstances and amending other attorney rules regarding advertising, solicitation, and the duty to competently provide legal services.
Further, the proposal also includes the provision of legal services using Artificial Intelligence:
2.2 -Add an exception to the prohibition against the unauthorized practice of law permitting State-certified/registered/approved entities to use technology-driven legal services delivery systems to engage in authorized practice of law activities.
2.3 – State-certified/registered/approved entities using technology-driven legal services delivery systems should not be limited or restrained by any concept or definition of “artificial intelligence.” Instead, regulation should be limited to technologies that perform the analytical functions of an attorney.
(See, page 29 – Attachment A to OPEN SESSION AGENDA ITEM 701 JULY 2019 http://board.calbar.ca.gov/docs/agendaItem/Public/agendaitem1000024450.pdf
Background information on the proposal may be found in the website link above.
I post this blog to remind each of you about this proposal and to urge you to provide comments to the State Bar about it.
The comment period for this proposal ends on September 23, 2019. Comments may be sent either on line using the Form Comment Form link on the website or by mail to:
Office of Professional Competence, Planning and Development
State Bar of California
180 Howard Street
San Francisco, CA 94105
… Just something to think about.
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