Thursday, February 6, 2020

Short comment on the ongoing debate regarding the future of the profession, access to representation and regulation

As I am sure you know, there is a strong ongoing debate related to possible changes to the regulation of the profession due to a growing concern about the "justice gap" in this country, a phrase used to describe the fact that so many people don't have adequate access to legal representation.

Among the many topics discussed at different levels of the profession (state regulatory agencies, the ABA, academic circles, etc) are the suggestion that we should expand the use of programs that allow non-lawyers to provide some legal services, and the suggestion that we should eliminate the rules than ban lawyers from partnering with non-lawyers to provide legal services.  The ABA will discuss a resolution on the subject at its upcoming February meeting.  (I will have more on that later this week.)

I am writing today to draw your attention to a column by Dennis Rendleman, the Ethics Counsel for the ABA, in which he argues that "there are other ways" to improve the provision of legal services that we should consider.  The column is short and very thoughtful.  You can read it here

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