Zimbabwe’s president pleads for patience in bringing economy back from ‘dead’ – The Zimbabwean

Emmerson Mnangagwa

Hopes that the economy would quickly rebound under Mnangagwa, who took over after Mugabe was deposed in a coup in November 2017, have faded fast with Zimbabweans grappling with acute shortages of fuel and electricity and soaring prices.

In a state of the nation address in parliament, boycotted by the main opposition Movement for Democratic Change (MDC) which disputes his election, Mnangagwa acknowledged the economic crisis as well as the need for reforms.

“I’m aware of the pain being experienced by the poor and the marginalized. Getting the economy working again from being dead will require time, patience, unity of purpose and perseverance,” Mnangagwa said.

Zimbabwe has suspended the publication of official annual inflation data since August 1. In its last official figures, inflation hit more than 175% in June, its highest level since hyperinflation under Mugabe wiped out the economy in 2009.

Mnangagwa’s opponents accuse him of lacking commitment to political reforms and using his predecessor’s heavy-handed tactics to stifle dissent.

The International Monetary Fund said last week that Zimbabwe needed to intensify reform efforts and meaningfully improve transparency to boost economic growth.

Mnangagwa and senior officials say they are doing their best to lay the foundations for future growth and blame Western sanctions for hampering recovery and deterring investment.

A United Nations human rights envoy said on Friday that Zimbabwe’s political and economic environment was deteriorating, causing anxiety as hopes fade for a long-awaited improvement in people’s living conditions.

In his address on Tuesday, Mnangagwa repeated his commitment to implement recommendations made by election observer missions to Zimbabwe’s 2018 election, as well as a commission of enquiry led by former South African President Kgalema Motlanthe.

The observers and the commission had called for broad security, political and electoral reforms.

Mnangagwa, whose election last year remains disputed by the MDC, once again invited the opposition party to dialogue.

The MDC, led by Nelson Chamisa, has refused to take part in a dialogue forum convened by Mnangagwa, insisting on talks led by a neutral mediator.

Zim president: Our economy is dead
Banning ecoCash by RBZ not a good idea

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Zimbabwe opposition lawmakers walk out of president’s speech – The Zimbabwean

People walk home in the dark due to power shortages in Harare, on Monday Sept. 30, 2019. Zimbabwean President Emmerson Mnangagwa is set to present a State of the Nation address Tuesday, at a time the southern African nation is reeling from its worst economic crisis in more than a decade. Zimbabweans are enduring shortages of everything from medicines, fuel, cash and water- bringing a weariness and disgust that has often flared into streets protests. (AP Photo/Tsvangirayi Mukwazhi)

HARARE, Zimbabwe (AP) — Zimbabwe’s opposition lawmakers walked out of Parliament on Tuesday as President Emmerson Mnangagwa presented his state of the nation address, a sign of the political tensions still gripping the country.

The opposition Movement for Democratic Change party said it does not recognize Mnangagwa, accusing him of rigging last year’s elections. The Constitutional Court threw out the opposition’s challenge to the vote.

Mnangagwa made the speech as Zimbabwe reels from its worst economic crisis in more than a decade.

Hope greeted his rise to power when the late Robert Mugabe was forced out of office in 2017, but now Zimbabweans are enduring shortages of everything including medicines, bread, petrol, cash and even water.

The economic collapse has led to weariness and disgust that often flare into street protests and government crackdowns in what was once one of Africa’s most prosperous countries.

Mnangagwa arrived at Parliament in a Rolls-Royce escorted by police officers on horseback, a ceremonial procession inherited from the colonial and white minority government by Mugabe after independence.

The president observed a minute of silence for Mugabe, who was buried over the weekend .

“As we remember him (Mugabe), let us stand emboldened by the fact that we cannot change the past but the future is in our hands,” Mnangagwa said as the opposition MPs walked out.

However, many say Mnangagwa has inherited more than ceremonial procedures from Mugabe, pointing to alleged acts of repression such as abductions, arrests and torture of government critics as well as economic mismanagement.

Mnangagwa called for dialogue with opposition political parties and an end to the “culture of fear and violence” at a time that his government is accused of being more repressive than Mugabe.

The president also pleaded for more time to resolve the biting economic problems, saying that “getting the economy working again will require time, patience, unity of purpose and perseverance.”

The opposition said Mnangagwa, a former Mugabe enforcer turned foe, has done little to move the country forward.

“We have no money, we have no food, hospitals are not working . and you are busy wasting people’s time talking about nothing,” said MDC chairwoman Thabitha Khumalo outside Parliament.

“We need dialogue. We want independent conveners that are going to conduct this dialogue where we map a way forward for Zimbabwe,” she said.

On the streets of the capital, Harare, some said they were not even aware of the president’s speech and continued waiting in lines for basics such as gas and cash.

“I gave up on him a long time ago,” said Samuel Maposa, a taxi driver waiting for gas. “How many speeches has he made and what has changed? Things are getting worse.”

A United Nations envoy who ended a 10-day visit to the country last week observed that “albeit the common belief that a transformation will come, I believe that the long-awaited hopes are fading.”

Clement Nyaletsossi Voule, the U.N envoy on the rights to freedom of peaceful assembly and of association, also highlighted “serious deterioration of the political, economic and social environment since (election period) August 2018 resulting in fear, frustration and anxiety among a large number of Zimbabweans.”

The Second Session of this Parliament Opened Today – The Zimbabwean

The Second Session of this Parliament Opened Today

Ceremonial Opening of Parliament

President Mnangagwa opened the Second Session of the Ninth Parliament of Zimbabwe at a joint sitting of both Houses of Parliament in the National Assembly today.  At 12 noon, after the customary preliminaries outside Parliament, the President went into the National Assembly chamber to deliver his State of the Nation Address [SONA] [link].  The address included the Government’s Legislative Agenda for the coming session.

Afterwards both Houses met briefly and then adjourned for three weeks.  They will meet again on Tuesday 22nd October…

Bills in Parliament Last Week

Education Amendment Bill stalled by National Assembly’s rejection of Senate Amendment

On Wednesday 25th September the Senate received a non-adverse report from the Parliamentary Legal Committee [PLC] on its single amendment to the Bill.  [Clause 14(k) of the Bill provided for the “appointment of sexual and reproductive health personnel” in schools, and Senators had objected strongly to and deleted the words “sexual and”.]  The Senate then finalised the Bill and returned it to the National Assembly.  In brief proceedings the following day the National Assembly rejected the Senate’s amendment.  This disagreement between the two Houses stopped the Bill’s further progress for the time being. The Bill, therefore, joins the other uncompleted Bills on the list of Bills lapsing at the end of the First Session.  As pointed out in Bill Watch 49/2019 [link], a Bill that lapses at the end of one session can be restored to the Order Paper by vote of the House in which the Bill was last discussed, in which case proceedings can continue from the stage previously reached

No progress on other Bills

No progress was made on the other Bills before the National Assembly: Zimbabwe Investment and Development Agency Bill, Money Laundering and Proceeds of Crime Amendment Bill and Coroner’s Office Bill, and the three Bills still under consideration by the PLC: Marriages Bill, Freedom of Information Bill and Zimbabwe Media Commission Bill.  All these Bills will also need to be restored to the Order Paper in the Second Session.

Constituency Development Fund [CDF] Increased

It was announced in both Houses that following the Supplementary Budget Review the CDF allocation had been revised upwards from $80 000 to $175 238.  Members were advised to submit projects for funding amounting to the revised figure.

Other Business in the National Assembly Last Week

Debates concluded and motions approved

Condolence motions  The National Assembly concluded debates on and adopted condolence motions following the deaths of the late MPs Hon Vimbai Tsvangirai, Hon Obedingwa Mguni and Hon Kaston Gumbwanda.  [Note: All three vacant seats have since been filled by by-elections in the constituencies concerned.]

Motion of Thanks for the President’s Speech opening the First Session  This debate was concluded and the motion approved on Wednesday 25th September.  In his response to the debate on behalf of Government the Minister of Justice, Legal and Parliamentary Affairs claimed progress on many of the issues raised during the debate.

Question Time

Question Time took place as usual on Wednesday.  The Minister of ICT and Courier Services assured MPs that his Ministry was pushing for abolition of customs duty on all ICT equipment and urged MPs to support the Ministry by lobbying the Minister of Finance and Economic Development.  The Deputy Minister of Primary and Secondary Education said the Ministry was prioritising the training of teachers to ensure that all little children are taught in their mother tongue, including Sotho, Kalanga, Tonga and Venda.  Other issues raised included water supply problems in Harare and the legality of subdividing agricultural land into residential plots; on the latter the Minister of Justice, Legal and Parliamentary Affairs advised MPs to await the report of the Uchena Commission of Inquiry into Disposal of State Land around urban areas.  

Other Business in the Senate Last Week

Debates concluded and motions approved

The Senate adopted Senator Timveos’ motion on the perennial shortages of clean and potable water in towns and growth points.  The motion specifically calls on Government to urgently allocate foreign exchange to local authorities for the development of water infrastructure in towns and growth centres and for the purchase of water treatment chemicals.

Question Time

On Thursday Question Time went ahead as scheduled.  The Minister of Energy and Power Development dealt with several questions about ZESA and power supply problems.  The Minister of Lands, Agriculture, Water, Climate and Rural Resettlement was faced with several questions about issues at the Grain Marketing Board.

International Standards Organisation Certification Hand-Over Ceremony

&

The Launch of Parliament’s Institutional Strategic Plan

On Friday 27th September a ceremony was held in the courtyard at Parliament at which:

  •  the Standards Association of Zimbabwe handed over Parliament’s ISO 9001-2015 Certification; and
  •   Parliament’s Institutional Strategic Plan for 2018-2023 was launched.

Veritas makes every effort to ensure reliable information, but cannot take legal responsibility for information supplied.

Waiting for the Rain
Full Text: State of the nation address

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Famine, fuel price spikes, dry taps and data hikes: Just another day in Zimbabwe – The Zimbabwean

It’s not pleasant to begin the week on bad news, but Zimbabweans are getting accustomed to it.

For the past four or so months, new fuel prices are announced every Sunday evening. Sometimes the announcement comes as late as 11pm. Last week was no exception, as many Zimbabweans woke up on Monday to the news that they would be paying 11% more for fuel.

Zimbabweans have lost count of the number of times fuel has gone up this year. All they know is that they now pay roughly 775% more than they paid in January 2019. The year started with petrol at $1.31 (local bond notes) and diesel at $1.26.

Water runs dry

Zimbabwe is facing its worst drought in almost four decades, in addition to cyclone-induced floods and economic collapse, which have left Zimbabwe on the verge of its worst-ever famine, Bloomberg recently reported.

To add to the challenges faced by the southern African nation, a bailout was required to address water supply issues in the capital, Harare.

“Harare City Council has run out of key water treatment chemicals….and if no urgent bailout is given between today and Tuesday, management will be forced to shut down Morton Jaffray Water Treatment Plant,” the City of Harare tweeted last Monday. A million people were left without water when the plant was shut down.

The city council said it was “stretching the little available amounts to treat limited supplies of water”.

According to the municipality, it buys “foreign currency on the runaway interbank exchange market against a stagnant and inflexible budget”. Like water, local dollars to buy foreign currency had also “run dry”, it said.

Government recently released $37.4m (Zimbabwe dollars) plus an undisclosed amount of foreign currency towards interventions to improve water access and waste water treatment in Harare. Zimbabwe faced a severe cholera outbreak in 2018, and inadequate facilities to treat water increases the risk of another outbreak.

Spiralling data tariffs

As if this were not enough, the country’s biggest mobile network operator, Econet, was also a bearer of bad news last week, noting that it would be reviewing bundle prices for data and SMSes. Daily data bundles increased in a range of 20 – 38.5%, the third tariff increase this year.

“The argument is simple; all costs have gone up, primary currency has weakened but real tariffs have remained the same,” said a senior official with Econet, who requested anonymity as he is not allowed to speak to the press.

It previously hiked data tariffs twice in the space of a month.

Plummeting exchange rate

Despite the spiralling costs of daily living, Zimbabweans are not facing a corresponding increase in income. Despite government workers recently being offered a 76% pay hike, recent reports across Zimbabwe have indicated that in many important economic sectors, struggling employers are paying wages that fall below the total consumption poverty line (TCPL).

Most of Zimbabwe’s troubles are, however, coming from the plummeting exchange rate.

Officially, Zimbabwe’s local dollar has lost more than 80% of its value since February – but the black market rates show an even larger decline.

Earlier in the month, President Emmerson Mnangagwa’s government froze bank accounts belonging to the country’s biggest fuel supplier, as well as the largest car dealership.

Speaking at a meeting with a group of supporters in New York, where he was attending the United Nations General Assembly, Mnangagwa said his government had acted on “smart people” hurting the currency.

“We have people who find ways to fight that and undermine (the currency), but yesterday we also became smarter than their being smart, so we took some action,” Mnangagwa said.

“We have now arrested the galloping rate, which had gone up to about 20, 23, 24. By the time we left it had come down to about 15 and it’s still coming down, because we had put up some measures,” Mnangagwa told party supporters.

This was of little comfort to importers as they still had to pay 40 cents more on the following Monday than they had on the Friday.

Losing hope

In another demonstration of how desperate things are for Zimbabweans, the country’s statistics agency, Zimstat, last week released data saying a family of five needed to earn $1 827 in local currency in order not to be deemed poor. This compares unfavourably to the salaries of government workers, where the lowest paid earn $1 023.

All Zimbabweans want is better livelihoods, to put food on the table, to have running water, to have electricity, and medical care. But all these things remain elusive. The hope that many had when President Mnangagwa assumed office is fading fast.

And unless he deals decisively with corruption, improves the ease and cost of doing business, gets skilled farmers on the land and gives them tenure, then the misery of unemployment and hunger will continue unabated.

  • Crecey Kuyedzwa is Fin24’s correspondent in Harare. Views expressed are her own.
Full Text: State of the nation address
Zimbabwe bans mobile money agencies amid cash crunch

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Zimbabwe bans mobile money agencies amid cash crunch – The Zimbabwean

EcoCash

In what analysts have described as a major blow to the advent of mobile money and financial inclusion, the Zimbabwean central bank has banned mobile money agencies from facilitating cash withdrawals or deposits with immediate effect.

Zimbabwe is going through a serious cash crisis, with very few banks being able to provide depositors with physical cash. To get cash, Zimbabweans have been resorting to mobile money agencies who were illegally selling cash at a premium which reached 60% recently.

This facility of accessing cash through mobile money agencies has, however, now been banned, with the Reserve Bank of Zimbabwe saying in a statement: “Some economic agents are engaging in illegal activities, abusing the cash-in, cash-out and cash-back facilities thereby compromising the public interest objectives of national payment systems in the economy.”

It added: “Notable activities include the buying and selling of cash through mobile money agents at high rates above the approved charges for cash-in and cash-out with some economic agents not banking cash sales under the disguise of cash-back services.

“The charging of commissions outside the approved framework adversely affects the smooth operation of payment systems and have the negative effect of distorting pricing of goods and services.”

The central bank directed all mobile payment system providers and merchants to discontinue cash-in and cash-out with immediate effect.

“Banks, mobile payment system providers and other economic agents are reminded of the need to ensure that the entire ecosystem operate within the confines of law and enforce compliance,” said RBZ deputy director financial markets and national payment systems, Josephat Mutepfa.

Analysts, however, described the move as firefighting, saying the central bank is dealing with symptoms and not solving the real problem, which is limited availability of cash.

“We have approximately $600m in circulation against $15bn in money supply, so there is a serious mismatch. We need to print physical notes,” said Harare-based analyst Walter Mandeya of Trigrams Investment.

Famine, fuel price spikes, dry taps and data hikes: Just another day in Zimbabwe
Zimbabwe Continues Its Economic Downward Spiral

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Zimbabwe Continues Its Economic Downward Spiral – The Zimbabwean

In this photo taken Sept. 13, 2019, Associated Press journalist Andrew Meldrum poses for a photograph at the entrance to State House in the capital Harare, Zimbabwe. After 16 years in journalistic exile, Meldrum returned to Zimbabwe, the country where he worked as a journalist for 23 years until he was expelled by former president Robert Mugabe’s government. For the past week he reported on the mourning period for Mugabe. (AP Photo/Ben Curtis)

NOEL KING, HOST:

The family of Zimbabwe’s former leader Robert Mugabe buried him this weekend. He was in power there for almost 40 years. And after he died, people hoped for a new start. But life in Zimbabwe hasn’t gotten any better. Last week, city officials cut off tap water in the capital city Harare.

Andrew Meldrum is Africa editor for The Associated Press. Sixteen years ago, he was expelled from Zimbabwe. Recently, he went back to look around at the country that he’d covered for decades. Meldrum told me the water shut-off in Harare is the result of both drought and economic crisis.

ANDREW MELDRUM: There’s no water going through the pipes. People were lining up to pump water from wells to wash their clothes in brackish streams or ponds. So we’re seeing a city and a country that is really suffering from huge problems from an economic downturn, as I say – you know, no electricity in the capital for as much as 19 hours a day, no water. This is something that was just unthinkable when I was living there.

KING: I would imagine, having spent so many years in Zimbabwe, you have lots of friends there. What are the differences in their lives since you’ve been away?

MELDRUM: Well, those of my friends who are still in Zimbabwe, they have experienced a rollercoaster. Since I was expelled, they have experienced hyperinflation of more than a billion percent…

KING: Oh, wow.

MELDRUM: …Inflation. Yeah. And also, they experienced something – you know, surprises in political situation. They saw Robert Mugabe fall from power. And there was a tremendous amount of optimism and excitement to think that things were going to get better. And now two years later, at the death of Robert Mugabe, they’re saying – well, actually, things aren’t better at all. And the government under Emmerson Mnangagwa has not achieved economic growth or an improvement in things. So they’re disappointed.

KING: So the big question is, why not? I mean, I remember the optimism – people saying the country will be more free; the country will develop economically. It’s Mugabe, essentially, many people said, that’s been holding us back. And then you’re saying – but in two years, nothing’s happened. Well, why not?

MELDRUM: Well, Robert Mugabe left. But the same party, ZANU-PF, and the same military are running the show. And they are not making the kind of substantial fundamental changes in the way the country is run that will improve things for the average Zimbabwean.

One thing that was interesting that I’d like to highlight was a doctor who was calling for a strike to get higher wages. He was abducted, he was tortured, and he has now been released because there was an outcry amongst the medical community and throughout Zimbabwe. And of course, it’s great that he has been released, but it was one of a series of abductions of government critics in recent months. So it shows that there is a level of political repression still in Zimbabwe.

KING: What do you think happens next in Zimbabwe? Is there some political leader or political party waiting in the wings that has the potential to turn things around?

MELDRUM: I don’t see that political leader waiting in the wings.

KING: Huh.

MELDRUM: It might be further in the wings than I can see at this point. You know, things are going to come together so that the country returns to the kind of prosperity that I saw it. But I think it’s going to take quite some time.

KING: Andrew Meldrum, thank you so much for being with us.

MELDRUM: Thank you, Noel.

(SOUNDBITE OF MUSIC)

KING: Andrew Meldrum, the AP’s Africa editor, joined us on Skype from Johannesburg.

Dos and Don’ts of Conducting a Rule 506(b) Offering

When raising capital, a company must comply with securities laws. As previously discussed, all offerings of securities, must either be registered with the SEC or exempt from such registration. Rule 506(b) is the most commonly used securities exemption for private companies. Even after complying with the basics of this exemption, there are many nuanced requirements that, if missed, can jeopardize qualifying under the exemption. Failure to comply with Rule 506(b) can subject an issuer and its officers and directors to various penalties. The SEC and state regulators can institute investigations and administrative and civil actions, enter various orders, and impose significant monetary penalties, and can transmit evidence to the U.S. Attorney General, who can bring criminal proceedings. In addition, violating securities registration requirements entitles the purchasers to rescission rights under federal and state laws. This blog post compiles some of the best practices for conducting a 506(b) offering in a bullet-pointed list for easy reference.

Remember that you shouldn’t engage in any securities offerings without retaining a lawyer experienced in such areas, so the below pointers are not meant to be, or take the place of, legal advice.

Rule 506(b) Offering Procedures

Who Should Conduct the Offering. Only the directors, officers, and employees of the company issuing securities or a registered broker-dealer should conduct the offering. Beware of people unaffiliated with a broker-dealer who claim they can raise money for your company if they are paid a fee. Doing so can legally jeopardize you and your company.

Offerees. Offers to invest may be directed only towards people or entities that meet both of the below requirements…

  1. you believe they are “accredited investors” because they fall into one or more of certain categories, including the following:
    • business organizations with assets over $5,000,000 and that were not formed for the purpose of investing in your company;
    • directors or executive officers of your company;
    • individuals with a net worth or joint net worth with a spouse over $1,000,000, not including primary residence as an asset;
    • individuals with income over $200,000, or joint income with spouse over $300,000, in the 2 most recent years and expecting the same income this year;
    • IRAs of such individuals;
    • trusts with assets over $5,000,000 not formed for the purpose of investing in your company and directed by a sophisticated person; or
    • entities in which all of the owners are one of the above.
  2. who fall into either of the following categories:
    • ideally, people with whom you have a pre-existing, substantive personal or business relationship. You must have sufficient information about them to evaluate their financial circumstances and sophistication; or
    • less ideally, people with whom you do not have a pre-existing relationship but to whom you are introduced through a personal network of experienced, sophisticated investors and whom you reasonably believe to be financially experienced and sophisticated by having them fill out an “Investor Questionnaire” before sending them the rest of the offering materials. The fewer people you contact, the better for avoiding prohibited “general solicitation.

What to Avoid

It is very important that you avoid the following:

  • accepting incomplete or inaccurate investment documents or accepting investments even though an investor marked he or she is not accredited
  • accepting funds from a potential investor prior to receiving and reviewing investment documents
  • cold calls, website communications, email blasts or newsletters, or public announcements at events that mention an offer of securities or that condition the public mind or arouse public interest in the Offering;
  • using any materials other than offering materials prepared by legal counsel to make an offer of securities;
  • distributing materials about your company, such as annual reports, that contain any content that could be construed as an offer of securities, except to the acceptable types of individuals described above;
  • compensating directors, officers, or employees for finding investors in connection with a subscription; and
  • compensating anyone else for finding investors or in connection with an investment, unless such person is a registered broker-dealer or placement agent with whom you have a signed agreement.

Documentation Procedures

Observe the following procedures in order to preserve the availability of the Rule 506(b) exemption for your offering and have appropriate documentation in the event of an audit by a regulator:

Contacting Offerees

  • If your offering materials are numbered (and it’s a good practice to number each one), fill in the number of each package of offering materials before providing to potential investors. The number should be unique to each person receiving the materials, regardless of whether they invest or not. (i.e. don’t re-use the numbers, even if you never hear from the person again.)
  • Include all items in the offering materials to each potential investor.
  • You can provide the offering materials in person or by mail, facsimile, or email.
  • When emailing the offering materials, consider adding security protections to electronic files such as encryption, password protections, and watermarks or statements in the cover email regarding confidentiality.
  • Keep a record of the number, offeree name, and date of transmittal.
  • If you use client relationship management (CRM) software, be sure to record the transmittal of offering materials to each potential investor in such program.

Securities Filings

  • Form D, a required disclosure filing, must be filed with the SEC 15 days after the first investment. Usually, your counsel will prepare the Form on your behalf, but in order for them to do that, you’ll need to tell them about the subscription as soon as it happens.
  • A copy of Form D must be filed in each applicable state 15 days after the first sale in that state. Usually, an issuer’s counsel will do this, but they’ll need to know right away when you get new investors.
  • Amendments to Form D must be filed in the case of certain changes. Let your counsel know promptly if any of the information in the filed Form D changes.
  • Amendments to Form D also must be filed annually as long as the offering continues.

Ongoing Maintenance

  • Keep a running total of the amount subscribed for.
  • Review the offering materials at least quarterly, and when any significant event occurs, and let your counsel know if any information in them requires correction or updates as soon as possible. If you are unsure which events or changes would require an update of the offering materials, err on the side of consulting with your attorney.

This post was written with extensive help from Jennifer Wilson.


This article is for general information only. The information presented should not be construed to be formal legal advice nor the formation of a lawyer/client relationship.

MyShingle Comments on California Task Force Proposals

Here are the comments that I filed in response to the California Task Force’s Proposals  on Access to Justice Through Innovation of Legal Services. I took the time because it’s so important for solo and small firm lawyers to weigh in – there are enormous opportunities here.  Speaking on behalf of the MyShingle constituency, MyShingle supports the Task Force approach – though we are concerned that it will take too long to implement.  Thus, we have offered short-term changes that can be adopted today and that will pave the way for the longer-term reform. Here’s an executive summary of my comments which you can read in all of their 22–page glory HERE.

SUMMARY OF MYSHINGLE COMMENTS

  • General Background:  Generally, the Task Force Report along with the Henderson Paper accurately reflect the current state of the legal market, including the urgent problem of access to justice. But neither report offers a full picture of the modern consumers’ expectations and habits, which explains why many do not currently engage lawyers and will inform the level of protection necessary in a future regime. 
  • Recommendation 1.0 (Practice of Law) MyShingle generally agrees with the Task Force Recommendation not to define the practice of law, but instead, proposes a de minimis exception for any civil matter with a value of $5000 or less.
  • Recommendation 1.2 (Innovation Through Technology) MyShingle does not support a duty of technology competence for lawyers because market forces will render obsolete lawyers who do not stay up to speed. Moreover, tech competence is only part of the problem when it comes to making lawyers relevant and expanding access to justice.  Absent regulatory reform — such as elimination of lawyer trust accounts, simplifying ethics rules on flat fees, plainly stating that lawyer matching platforms are not impermissible fee splitting and changing current archaic advertising regulations — even the best technology in the world will not expand access because consumers will never be able to find lawyers and once they do, they will have to go through an interminable list of disclaimers before they can hire them.
  • Recommendation 2.0  MyShingle does not oppose permitting nonlawyers to provide legal advice without running afoul of UPL.  MyShingle recommends that any regulations governing licensing for legal technicians or advisors not be overly complicated or onerous.  
  • Recommendation 2.1 As a broad matter, MyShingle does not oppose outside ownership. In this regard, MyShingle recommends that the Task Force gain a greater understanding of the various business models for outside ownership and formulate rules regarding use of client data even in anonymized format and even, in some circumstances, with client consent.  But as the Task Force works towards rules that would allow outside ownership on an entity-level, MyShingle strongly supports relaxing rules to allow lawyers to joint-venture and partner with non-lawyers on a project, product or service basis to develop innovative packaged services. In addition, MyShingle urges the Task Force to eliminate regulations that prohibit payment or sharing of referral fees to non-lawyers and to state clearly that lawyer-matching platforms are a payment mechanism and not fee-sharing arrangements with non-lawyers.
  • Recommendation 2.2 and 2.3 – Development of artificial intelligence systems and other technology-powered tools to increase access to justice should be strongly encouraged.  MyShingle endorses the Task Force’s measured approach that would facilitate development of these tools as well as its concern for maintaining confidentiality and other benefits of the attorney-client relationship. MyShingle also endorses algorithmic transparency, particularly for tools used to evaluate the viability of matters to avoid constant rejection of “loser” cases that push the envelope of the law and serve the public interest. See C. Elefant, Data Analytics and the Importance of Loser Law.
  • Recommendation 3.4  MyShingle disagrees with the Task Force’s recommendations to adopt the ABA’s recent revisions to the Model Rules. The ABA’s proposed changes, which MyShingle has criticized previously, are a pallid, post hac ratification of benign conduct like allowing attorneys to give clients gifts or to post an email address rather than a physical address on a website. The proposed regulations punt on more controversial issues like whether a lawyer matching platform constitutes impermissible fee-sharing and therefore, should be disregarded entirely in favor of FTC regulations which provide more protection to consumers.

Please share your thoughts on the Task Force proposal below.