Lawyers trying to strangle alternative legal advice — from calmatters.org by Dan Walters
“Scope of practice” conflicts are common in the California Legislature and one is a bill that would forbid the State Bar from exploring alternative legal services.

Excerpt:

There is, however, a darker side to California’s licensing system. It gives licensees monopolies over specific services defined by the Legislature.

Therefore, who is legally authorized to provide what service is ultimately as much a political issue as one of professional competency. No session of the Legislature is complete without at least one “scope of practice” battle.

Also relevant/see:

ABA Sides Against Opening Law Firms Up to New Competition — from news.bloomberglaw.com by Sam Skolnik

Excerpt (emphasis DSC):

The American Bar Association is pouring cold water on efforts to loosen restrictions on who can own law firms, including moves that could open firms up to new competition from corporations.

The group’s House of Delegates on Tuesday passed a non-binding resolution discouraging changes to state rules barring the sharing of legal fees with non-lawyers. But it also encouraged state bar groups to explore innovations designed to increase access to justice by making legal services more affordable.

“By reaffirming our core value of independence of the legal profession and the prohibition against nonlawyer ownership, the ABA House’s action today is a huge victory for all lawyers,” said Foley Hoag partner Stephen Younger, a previous president of the New York State Bar Association.

From DSC:
Yes…that emphasized part of the last paragraph seems to say it all. A victory for lawyers, but not a victory for the American people. Not for those who are trying to access the legal system. Not for those who are fighting to provide more access to justice.


Addendums on 8/13/22:

***

And it’s not just in the United States either:

***

How Did Legal Services Get So Unaffordable, and What Are We Going to Do About It? — from chicagobarfoundation.org

Excerpt:

Over the past 50 years, we gradually have gone from a time in our country where the average middle-class person or small business generally could find affordable legal services when they needed them to a time today where everyday people struggle to afford legal help and lawyers often joke that they could not afford their own services if the need arose.

 

Mindful Leadership for Change — from gettingsmart.com by Rebecca Midles

Key Points

  • This blog builds upon Framing and Designing the How.
  • It digs into strategies for determining the ideal pace for implementation of innovation.

Also from gettingsmart.com, see:

States Partner on Micro-Credentials to Personalize Teacher Learning — from gettingsmart.com by Tom Vander Ark

Key Points

  • In 2020, more than 2000 educators earned more than 4000 micro-credentials.
  • Schools and systems adopted this new approach to give teachers more voice and choice in their learning.
 

America’s Lawyerless Courts — from americanbar.org by Anna E. Carpenter, Colleen F. Shanahan, Jessica K. Steinberg, and Alyx Mark

Excerpt:

Our research reveals an unavoidable truth: The civil justice system is broken in state civil courts. There is a massive disconnect between what courts were designed to do—solve legal disputes through lawyer-driven, adversarial litigation—and what these courts are asked to do today—help people without lawyers navigate complex social, economic and interpersonal challenges, most of which are deeply tied to structural inequality. As one judge we observed told a courtroom full of litigants, “This courtroom is like the emergency room.”

Five key findings from our work highlight the scope and nature of the crisis: State civil courts are primarily lawyerless, traditional adversary litigation has largely disappeared, the judicial role is not working, the law is not developing, and people’s court experiences amplify inequality and human suffering.

 

Providing foster children with better educational outcomes — from thetechedvocate.org by Matthew Lynch

Excerpt:

Foster children have a difficult life ahead of them. They have a higher chance of having a bad life than the rest of the population. Adults who were in foster care as children are more likely to be homeless, jobless, and on welfare than the general population. They also have higher chances of being jailed, consuming drugs and alcohol, and having physical or psychological problems.

We owe it to them to help children grow up to be productive, well-adjusted people, and none of this is their mistake. Lawmakers and educational activists should work diligently to improve foster care children’s educational possibilities by broadening their alternatives. Foster children in the United States will benefit from higher educational attainment that will prepare them for a healthy transition to adulthood.

 

How will the Metaverse Influence Business and Legal Processes? — from jdsupra.com

Excerpt:

While some will be hesitant to use the metaverse and adoption is difficult to predict, it is not going away and will undoubtedly affect internal processes, business dealings, case strategy, and more. Organizations should start thinking about the possibilities now to be better prepared for future challenges. Below are some predictions on how the metaverse will influence operations, strategy, and investments across different areas of the enterprise.

Lawyers & the Metaverse — from joetechnologist.com by Elizabeth Beattie and Joseph Raczynski

Excerpt:

In a new Q&A interview, Thomson Reuters’ technologist and futurist Joseph Raczynski offers his insight about the Metaverse and how it will impact the legal industry.

I have likely spoken to thousands of lawyers over the last several years. They are extraordinarily bright, but with one limiting factor — their dedication to their craft. This means that they do not have the time to lift their heads to see what is coming. All these emerging technologies will impact their practices in some way, as well as the business of law. At a minimum, lawyers need the opportunity to focus on the big four: AI, blockchain, workflow, and the grab bag of general emerging technology. There are a multitude of places to learn about these things, but I would include some of the classics such as Google Alerts, Twitter threads on these topics, and magazines like Wired, which should be a staple for everyone.

These legal issues should be on college business officers’ radars — from highereddive.com by Rick Seltzer
A panel at the National Association of College and University Business Officers’ annual meeting covered legal questions spanning many offices on campus.

Let’s not presume that virtual hearings are the best solution in family law — from canadianlawyermag.com by John Silvester

Excerpts:

Proponents argue that virtual hearings are less expensive for clients, leading to enhanced access to justice for those who cannot afford to pay for their lawyers to travel to a courthouse and then sit and wait for hearings to commence. Sounds reasonable, right?

Not so fast.

Virtual hearings are advantageous in some scenarios, but there are at least three reasons why moving to an almost entirely virtual legal world may prove problematic.

LawNext Podcast: CALI Executive Director John Mayer on Using Tech to Advance Legal Education and Access to Justice — from lawnext.com by Bob Ambrogi and John Mayer

Excerpt:

In this episode of LawNext, Mayer joins host Bob Ambrogi to discuss the history and mission of CALI and to share his thoughts on the use of technology to enhance legal education. They also talk about how and why A2J Author was developed and how it is used by courts and legal services organizations to help those who are without legal representation. Mayer also shares his thoughts on the future of innovation in law and on the future of CALI.

Louisiana Approves Virtual Custody Services and Proposes Virtual Currency Business Licensing Rules — from natlawreview.com by Moorari Shah and A.J. S. Dhaliwal

Excerpt:

Recently, the Louisiana lawmakers and regulators have taken steps to legalize operations in the state involving virtual currencies. On June 15, the Louisiana governor signed a bill that, effective August 1, 2022, will allow financial institutions and trust companies to provide virtual currency custody services to their customers as long as they satisfy certain requirements on risk-management and compliance. On June 20, the Louisiana Office of Financial Institutions (OFI) published proposed rules on licensing and regulation of virtual currency businesses in the state pursuant to the Louisiana Virtual Currency Business Act, which went into effect on August 1, 2020.

 

I think we’ve run out of time to effectively practice law in the United States of America [Christian]


From DSC:
Given:

  • the accelerating pace of change that’s been occurring over the last decade or more
  • the current setup of the legal field within the U.S. — and who can practice law
  • the number of emerging technologies now on the landscapes out there

…I think we’ve run out of time to effectively practice law in the U.S. — at least in terms of dealing with emerging technologies. Consider the following items/reflections.


Inside one of the nation’s few hybrid J.D. programs — from highereddive.com by Natalie Schwartz
Shannon Gardner, Syracuse law school’s associate dean for online education, talks about the program’s inaugural graduates and how it has evolved.

Excerpt (emphasis DSC):

In May, Syracuse University’s law school graduated its first class of students earning a Juris Doctor degree through a hybrid program, called JDinteractive, or JDi. The 45 class members were part of almost 200 Syracuse students who received a J.D. this year, according to a university announcement.

The private nonprofit, located in upstate New York, won approval from the American Bar Association in 2018 to offer the three-year hybrid program.

The ABA strictly limits distance education, requiring a waiver for colleges that wish to offer more than one-third of their credits online. To date, the ABA has only approved distance education J.D. programs at about a dozen schools, including Syracuse.

Many folks realize this is the future of legal education — not that it will replace traditional programs. It is one route to pursue a legal education that is here to stay. I did not see it as pressure, and I think, by all accounts, we have definitely proven that it is and can be a success.

Shannon Gardner, associate dean for online education  


From DSC:
It was March 2018. I just started working as a Director of Instructional Services at a law school. I had been involved with online-based learning since 2001.

I was absolutely shocked at how far behind law schools were in terms of offering 100% online-based programs. I was dismayed to find out that 20+ years after such undergraduate programs were made available — and whose effectiveness had been proven time and again — that there were no 100%-online based Juris Doctor (JD) programs in the U.S. (The JD degree is what you have to have to practice law in the U.S. Some folks go on to take further courses after obtaining that degree — that’s when Masters of Law programs like LLM programs kick in.)

Why was this I asked? Much of the answer lies with the extremely tight control that is exercised by the American Bar Association (ABA). They essentially lay down the rules for how much of a law student’s training can be online (normally not more than a third of one’s credit hours, by the way).

Did I say it’s 2022? And let me say the name of that organization again — the American Bar Association (ABA).

Graphic by Daniel S. Christian

Not to scare you (too much), but this is the organization that is supposed to be in charge of developing lawyers who are already having to deal with issues and legal concerns arising from the following technologies:

  • Artificial Intelligence (AI) — Machine Learning (ML), Natural Language Processing (NLP), algorithms, bots, and the like
  • The Internet of Things (IoT) and/or the Internet of Everything (IoE)
  • Extended Reality (XR) — Augmented Reality (AR), Mixed Reality (MR), Virtual Reality (VR)
  • Holographic communications
  • Big data
  • High-end robotics
  • The Metaverse
  • Cryptocurrencies
  • NFTs
  • Web3
  • Blockchain
  • …and the like

I don’t think there’s enough time for the ABA — and then law schools — to reinvent themselves. We no longer have that luxury. (And most existing/practicing lawyers don’t have the time to get up the steep learning curves involved here — in addition to their current responsibilities.)

The other option is to use teams of specialists, That’s our best hope. If the use of what’s called nonlawyers* doesn’t increase greatly, the U.S. has little hope of dealing with legal matters that are already arising from such emerging technologies. 

So let’s hope the legal field catches up with the pace of change that’s been accelerating for years now. If not, we’re in trouble.

* Nonlawyers — not a very complimentary term…
I hope they come up with something else.
Some use the term Paralegals.
I’m sure there are other terms as well. 


From DSC:
There is hope though. As Gabe Teninbaum just posted the resource below (out on Twitter). I just think the lack of responsiveness from the ABA has caught up with us. We’ve run out of time for doing “business as usual.”

Law students want more distance education classes, according to ABA findings — from abajournal.com by Stephanie Francis Ward

Excerpt:

A recent survey of 1,394 students in their third year of law school found that 68.65% wanted the ability to earn more distance education credits than what their schools offered.


 

Aurora Institute: Federal Policy Priorities and Recommendations 2022 — from aurora-institute.org

Introduction:

It is critically important for our country to reimagine education and focus on investing in our future, not our past. The current K-12 education system has not produced equitable outcomes for all students. We must change policies and invest in innovation to transform our education systems. Student-centered policies are needed for true systems change and innovations for equity. We must challenge frames and investments that perpetuate tinkering with the existing system, rather than reimagining it. The time is ripe to redesign education to align with future needs and purposes to achieve human flourishing.

To ensure all learners are prepared for life’s uncertainties, as well as a more knowledge-driven workforce and economy, we must restructure the education system to universally recognize anytime, anywhere learning. Many states and districts have taken steps to move in new and improved directions, but more work must be done to meet students where they are and accelerate them to successful futures and prosperity. We must question the fundamental purposes of our education system, align our goals to that purpose, and expand learning to anytime and anyplace, with greater opportunities for next generation learning.

Aurora Institute’s latest Federal Policy Priorities represent an equity-oriented and future-focused set of recommendations designed to ensure that the nation’s education system moves from its current state to a system capable of preparing all learners with the knowledge and skills necessary to achieve lifelong success.

 


From DSC:
I post this because I like the design thinking exhibited herein. I love the idea of greater collaboration between K-12, higher education, vocational training, and the workforce/workplace. We should consider eliminating — or at least building much better bridges between the — existing silos. These silos seem to be easier to put up than they are to take down.


 

 

Trends in State Courts — from ncsc.org

Excerpt:

Trends in State Courts is an annual, peer-reviewed publication that highlights innovative practices in critical areas that are of interest to courts, and often serves as a guide for developing new initiatives and programs and informing and supporting policy decisions. Trends in State Courts is the only publication of its kind and enjoys a wide circulation among the state court community.

Trends in State Courts 2022
External events continue to drive change and innovation in the courts. The 2022 edition of Trends in State Courts highlights post-pandemic eviction courts and eliminating racism and bias in the courts.


Also from ncsc.org:

The key role of non-lawyer practitioners — by Dimarie Alicea-Lozada

Excerpt:

Over the last 20 years, a variety of different states have developed efforts to try to provide for non-lawyer practitioners with varying degrees of success. The intention was simple: provide affordable legal services to those who cannot afford an attorney but need help. With 1 out of 10 people in the United States involved in newly filed cases each year and 3 out of 5 in civil cases not having a lawyer, state courts have been trying to help people who otherwise will not be able to afford access legal representation. Since the COVID-19 pandemic, several states have made changes in this area.


 

States Look Beyond Bar Exam to License Lawyers — from iaals.du.edu by Jonna Perlinger

Excerpt:

The bar exam has been under growing scrutiny, due to the undue financial burden it places on law graduates as well as its long history of disparate racial outcomes. In addition, minimum competence—the very thing the exam purports to assess—has historically lacked a comprehensive, evidence-based definition, prompting some to say that it’s “ineffective in gauging the knowledge and skills new lawyers need to be successful.” IAALS’ Building a Better Bar project provided the first empirically grounded definition of minimum competence and offered recommendations for how  our process for licensing lawyers must change to better serve the public; our findings indicate that many aspects of the current bar exam, including multiple-choice questions, time constraints, and being closed-book, fail to align with what we know about how to best assess minimum competence to practice law.

Fortunately, however, a growing number of states are now exploring the permanent implementation of alternative licensure approaches that would allow law school graduates to obtain their license through nontraditional avenues.

 

Criminal Justice Algorithm Predicts Risk of Biased Sentencing — from courttechbulletin.blogspot.com

Excerpt:

A new algorithm aims to assess the likelihood of defendants being treated unfairly in court.

The tool considers details that ought to be immaterial to the ruling — such as the judge’s and defendant’s gender and race — and then predicts how likely the judge is to award an unusually long sentence. This can suggest when socio-demographic details may be swaying judgments, resulting in especially punitive treatments.

 

Also relevant/see:

What is Norton Rose Fulbright’s LX Studio? — from artificiallawyer.com

Excerpts:

‘From tiny acorns, mighty oak trees grow’ so the saying goes, and it’s fair to say that US-based LX Studio, the new innovation project of global firm Norton Rose Fulbright (NRF), is very much still an acorn – but it has plenty of potential.

Artificial Lawyer spoke to Jeff Cody, Managing Partner for the US side of 3,700-lawyer NRF, which was formed by the merger of the UK’s Norton Rose and America’s Fulbright & Jaworski in 2013, to find out some more.

But, with a more optimistic outlook one might say that this is a beginning; and that although the US is home to many pioneering legal tech companies and ALSPs, the reality is that few law firms in the US have dedicated innovation groups which mirror the full range of what NRF has in the UK, for example.

NRF Transform -- global legal operations

 

 

‘Accessibility is a journey’: A DEI expert on disability rights — from hrdive.com by Caroline Colvin
Employers can wait for a worker to request reasonable accommodation under the ADA, but Kelly Hermann asks: Why not be accommodating from the start?

Excerpt:

Often, employers jump to the obstacles that exist in physical spaces: nonexistent ramps for wheelchairs, manual doors that lack motion sensors, and the like. But the digital world presents challenges as well. Hermann and the U Phoenix accessibility team likes to “demystify” disability for campus members seeking their counsel, she said.

“Are you making those links descriptive and are you using keywords? Or are you just saying ‘click here’ and that’s your link?” Hermann asked. Like a sighted person, an individual with a disability can also scan a webpage for links with assistive technology, but this happens audibly, Hermann said, “They tell that tool to skip by link and this is what they hear: ‘Click here.’ ‘Click here.’ ‘Click here.’ ‘Click here.’ With four links on the page all hyperlinked with ‘click here,’ [they] don’t know where [they’re] going.”

 

5 reasons why legal tech matters — from lawyer-monthly.com by Colin Bohanna

Excerpt:

5. Technology can improve access to justice
Using technology can help to increase access to justice in a number of ways. The increased adoption of videoconferencing technology seen during the pandemic has had a positive impact on those who have traditionally struggled to access legal services. That includes those living in rural areas, who may not live in proximity to a lawyer qualified to deal with their specific matter; those working in precarious situations that may not enable them to travel to meet a lawyer or who may have family- or elder-care responsibilities; and people with disabilities who may have mobility issues that make travel difficult.

Tech can also play an essential role in the support of legal aid. We know there’s a perception that the level of paperwork, admin, and invoicing requirements means the burden of conducting legal aid is high. As Clio is committed to transforming the legal industry, we offer a legal aid solution as part of our practice management software at no extra cost in order to increase access to justice, for all. It helps to cut legal aid processes drastically so that legal aid providers can focus on their client work and make legal aid work more financially viable.

Also relevant/see:

Top 10 Legal Operations Trends in 2022. — from jdsupra.com

Key legal operations trends for 2022

1. Growing legal operations teams
2. Formalizing the legal operations function
3. Implementing a diversity, equity, and inclusion (DE&I) program
4. Finding new ways to improve processes
5. Insourcing more work
6. Strengthening vendor management
7. Expanding the use of data analytics tools
8. Increasing technology investments
9. Strengthening the law department’s technology acumen
10. Improving data security

 

6 ADA accessibility trends revealed in our mid-year 2022 report — from blog.usablenet.com by Jason Taylor

Excerpt:

We just published our mid-year ADA web and App report created by the UsableNet research team reviewing all lawsuits filed in federal courts under the ADA and California state court under Unruh. We review the cases to identify where a digital property, including websites, mobile apps, and video, is the subject of the claim. Our bi-annual reports let UsableNet inform our clients and provide them with the most up-to-date advice for planning their digital accessibility initiatives.

Here is my main take on some key numbers based on what we have seen in 2022 and what’s driving those numbers. 


 WEB ACCESSIBILITY LAWSUIT NUMBERS ARE HIGH AND SET TO ONLY GET HIGHER.

 
© 2025 | Daniel Christian