Thursday, October 3, 2019

Comments on California proposals on the future of the practice of law

As you probably know, I have been posting updates on changes proposed (and some already adopted) in California.  First, there was the adoption of new rules, and most recently on a task force's report and recommendations on the future of the practice of law (see here, here, here, and here.) 

Now, here is a link to a short post at MyShingle with comments on the California proposals.  The two comments I find more interesting are these:

-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.  

-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.

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