WA Approves Non-Lawyer Legal Services in 10-Year Test
(Law Sites) Dec 19, 2024 Summary: For 10 years, non-lawyer companies can offer legal help under strict rules. They must have a compliance officer and share data on how well they’re helping people get affordable legal services. Key points: Jeff’s Take: Many people can’t get legal help when they need it – it’s too expensive or hard to find. Washington’s following Arizona and Utah in trying to fix this. Sure, some lawyers worry about quality, but with these safeguards and data tracking, we’ll see what works and what doesn’t.
Professional Responsibility Lawyers Urge ABA to Allow Lawyer-Nonlawyer Fee Sharing
(Law Sites) Dec 17, 2024 Summary: The Association of Professional Responsibility Lawyers (APRL) has formally requested that the American Bar Association (ABA) revise Model Rule 5.4 to permit fee-sharing between lawyers and non-lawyers under specific conditions. Model Rule 5.4 currently prohibits lawyers from sharing legal fees with non-lawyers, aiming to preserve lawyers’ professional independence. APRL contends that this restriction impedes innovation and limits access to justice. Their proposal suggests allowing fee-sharing provided that: APRL references reforms in states like Arizona and Utah, which have adopted alternative business structures permitting non-lawyer ownership and fee-sharing without compromising ethical standards. Jeff’s Take: Yet another initiative and voice to modify Rule 5.4. I suspect the ABA will ignore this request. But, add it to the pile of rejected deregulation ideas. Eventually, it will be too big of a pile to ignore. Then, I believe we will see more serious baby steps in the direction of deregulation.
Washington Justices OK Pilot To Relax Regs For Non-Lawyers
(Law360) Dec 6, 2024 Summary: The Washington Supreme Court has approved a pilot program allowing non-lawyer-owned entities to provide legal services under regulated conditions. This initiative aims to enhance access to legal assistance by permitting innovative business models and technologies to operate within the legal sector. The program will run for up to ten years, during which data will be collected to assess its impact on service quality and accessibility. Jeff’s Take: This is another baby step toward deregulation. Note that this is a 10-year study to gather data on the topic. It seems clear that deregulation will ultimately happen. But, I don’t see this happening on a widespread basis for at least 12 to 15 years from now. The lawyer lobbies are just too powerful.
Repealing no-fault divorce has so far stalled across the US. Some worry that’ll change
(My Journal Courier) Dec 8, 2024 Summary: For the last 50 years, no-fault divorce laws have been instrumental in simplifying the dissolution of marriages by eliminating the need to prove fault, such as adultery or cruelty. However, there have been discussions and legislative efforts in some states to modify or repeal these laws, aiming to make divorce more challenging in hopes of preserving marriages. Despite these efforts, significant changes to no-fault divorce laws have not been widely implemented, and experts suggest that substantial alterations are unlikely in the near future. Jeff’s Take: I didn’t know this was a “thing” or that anyone was talking about it. I personally wish weddings and divorce were harder to get. I don’t see this going anywhere in any state. There seem to be much bigger issues to deal with.
Law firm use of data scientists grows alongside AI’s challenges
(Phys.org) Nov 27, 2024 Summary: How leading law firms are increasingly integrating data scientists and technologists into their teams to address the complexities of artificial intelligence (AI) compliance and application. Jeff’s Take: This article is a good primer for family lawyers interested in understanding how AI integration can transform their practice management and client service delivery. It’s analogous to our practice, specifically family law CRM tools. I think someone will adapt, take these ideas, apply them to family law, and create a new product. Maybe Clio? Hmmm?
Another lawyer in hot water for citing fake GenAI cases
(LegalDive) Nov 27, 2024 Summary: A Texas federal judge sanctioned attorney Brandon Monk for submitting a court filing that included citations to nonexistent cases and fabricated quotations generated by artificial intelligence (AI). In a wrongful termination lawsuit against Goodyear Tire & Rubber Co., U.S. District Judge Marcia Crone imposed a $2,000 fine on Monk and mandated his attendance at a continuing legal education course on generative AI in the legal field. Jeff’s Take: Come on, man! I love that this lawyer is using AI to write his briefs. The AI is probably writing better than he can. Just check the dumb citations. Easy peasy!Family lawyers – please don’t let this dissuade you from using AI to draft your docs. Just check the citations. Duh!
Building the [Family] Lawyer of the Future
(Jordan Furlong) Nov 20, 2024 Summary: This article is a bullseye for family lawyers to prepare for an AI future.Jordan Furlong discusses how AI will transform lawyers’ roles, arguing that while AI will handle tasks like drafting and research, lawyers will focus on four key areas: advice, advocacy, solutions, and strategy.He proposes ten essential human competencies for future lawyers, including ethics, empathy, judgment, and problem-solving. Jeff’s Take: We are fortunate to be in family law. I estimate that between 60% and 80% of what we do is relational and out of reach of AI. Our exposure to AI disruption is far less than other disciplines, such as contract law. I found Furlong’s list of competencies to be spot-on for family lawyers:
Addressing California’s Access to Justice Crisis by Fundamentally Rethinking Legal Services: A Conversation with Stanford’s David Engstrom and Lucy Ricca
(Stanford Law School) Nov 21, 2024 Summary: This article discusses California’s access-to-justice crisis, highlighting that nearly 70% of Californians facing legal issues receive no assistance. It explores potential reforms, such as licensing legal paraprofessionals, authorizing community justice workers, and permitting nonlawyer ownership or investment in legal practices, aiming to make legal services more accessible and affordable. Jeff’s Take: I don’t think lawyer deregulation will happen anytime soon.But the conversation is still relevant and is leading to a fountain of new ideas on how to increase access to justice.It’s wise for us to be aware of what’s being discussed and proposed. Some states are already implementing different concepts.
