Lawyers have long been the gatekeepers of legal services, which, as licensed professionals, make sense. But with alternative legal service providers all the rage, and the Big Four accounting firms clamoring for some of Biglaw’s lunch, the winds of change are in the air. And Utah is leading the charge.
The state has announced they are beginning a program to test nonlawyer ownership of law firms. The Utah Work Group on Regulatory Reform has recommended the expansion of legal service providers as part of an access to justice initiative. Last week, the Institute for the Advancement of the American Legal System announced a new “Unlocking Legal Regulation” project to meet those goals. As reported by Big Law Business:
“The restrictive rules that dictate how legal advice can be given, and by whom, need to change,” said IAALS manager Zachariah DeMeola in an Oct. 31 blog post. “For too long the rules have prevented the profession from taking a responsibility in this crisis.”
“This is our moment. The tipping point is here,” DeMeola wrote.
The program is not without regulation, and is designed to be a model for other states dipping their toes in the alternative legal services providers model:
Utah and IAALS officials hope the new office will be a model for a multi-state regulatory body.
IAALS will help Utah develop and test a “risk-based regulation system” based on a model the group created. IAALS’ goal is to see a system that ensures high-quality services, but doesn’t limit service providers to just lawyers.
IAALS also plans to evaluate how the new system is working over time.
There have also been working groups in Arizona and California that have pushed for nonlawyers in the legal market for the same access to justice reasons. However, push back from attorneys has prevented any further action on the matter.
Kathryn Rubino is a Senior Editor at Above the Law, and host of The Jabot podcast. AtL tipsters are the best, so please connect with her. Feel free to email her with any tips, questions, or comments and follow her on Twitter (@Kathryn1).