by Tom Gordon

The American Bar Association is cracking down on voices for change within its membership, including threats to the continuing existence of its Center for Innovation and wholesale changes to the Center's board that appear designed to neuter it. This crackdown came to light in conjunction with the ABA's cancellation of a piece that I co-authored for the Center for Innovation, which was scheduled to be published this week. Bob Ambrogi has throughly reported the story here.

by Tom Gordon

In a brief filed yesterday, Responsive Law urged the United States Court of Appeals for the Second Circuit to uphold a lower court decision preventing the New York attorney general from enforcing unauthorized practice of law (UPL) laws against a nonprofit providing consumers with free legal advice about debt collection using experts who are not lawyers.

Responsive Law's brief emphasizes that not only does the nonprofit have a First Amendment right to speak on legal matters, but that the recipients of this speech have a right to hear it.

Furthermore, the state's claimed interest in protecting consumers from harm ignores the history of UPL laws in New York. There is clear historical evidence that these laws were put in place at the urging of lawyers to protect them from competition, Consumer protection was merely an after-the-fact justification.

Responsive Law also argues that the state cannot claim that it is protecting consumers when the “protection” it provides cuts them off from the only legal help available to them.

Responsive Law would like to thank Greg Beck for his volunteer work in writing the brief. You can read our entire brief in ​Upsolve v. James here.

by Tom Gordon

Today, the World Justice Project released its annual Rule of Law Index, ranking the commitment of 140 countries to the rule of law. Although the United States ranked 28th overall, it continued to perform among the worst in the world in access to its civil legal system.

by Tom Gordon

On August 9, the American Bar Association House of Delegates voted unanimously to adopt Resolution 402, which reaffirms the ABA's opposition to lawyers sharing fees with non-lawyers. The practical effect of this measure is zero, but it provides further evidence of the obstinance of a lawyer cartel that sees self-regulation as a way to maintain a market advantage rather than changing to meet consumers' needs.

by Jana Jedrych
 
Access to legal services in California is severely lacking, with the average Californian seeking help for less than one in three legal problems per year. Aware that current regulations and practices are what’s fueling this inability to access justice, in 2020 the State Bar of California formed the Closing the Justice Gap Working Group and the Paraprofessional Program Working Group. These two Working Groups were meant to address a justice gap so profound that per the State Bar's own findings, 85% of legal problems faced by Californian residents receive no or inadequate legal help.