ABA To Consider Proposed "Best Practices" for Online Document Preparers

​by Tom Gordon

A set of proposed best practices for online document preparation software is scheduled to be voted on by the American Bar Association House of Delegates at the ABA Midyear Meeting on Monday.

Responsive Law has submitted comments to the ABA opposing the proposal. Many of the proposed practices would add unnecessary features—and costs—to an industry that is based on providing streamlined services when a lawyer is either unaffordable or just unnecessary.

Beyond our substantive objections, we find it troubling that the trade association for lawyers is trying to regulate (or even suggest regulations for) non-lawyer businesses that are not engaged in the practice of law. As we point out in our comments, it's as if the Alliance of American Automobile Manufacturers set forth best practices for bicycle manufacturers that included safety features that would exponentially raise the price of bicycles. Such a move would be seen, at best, as an misguided attempt to make bicycle riders safer that would backfire by denying most people access to bikes. More likely, it would be seen as a clumsy attempt by the auto industry to beat a competitor through regulation.

I'll be attending the ABA's meeting to try to convince members of the House of Delegates that this proposal is both misguided and inappropriate. Watch this space for further updates.