Top Five Stories of 2021
We've compiled our top five stories of 2021. Starting December 16, we'll be updating this page every weekday until we reach #1. Subscribe to our e-newsletter to receive these updates in your mailbox.
#1: California Legislators Side with Trial Bar Against Consumers in Opposing Affordable Legal Help
Throughout 2021, the State Bar of California Closing the Justice Gap Working Group moved carefully forward in examining how to structure a regulatory sandbox for legal service providers. Such a sandbox would allow regulators of the legal industry to test regulatory reforms and gather data about their impact on access to legal help and consumer protection.
However, as of December, this process has been put on hold after pressure from the California Legislature, which controls the Bar’s ability to assess dues. In a December 7 letter, the chairs of the California Senate and House Judiciary Committees repeated talking points of the state’s trial lawyers in urging the bar not to devote resources to this effort. As a result, the working group has suspended the remainder of its scheduled meetings for the year. You can read more about the legislature’s misguided effort here.
However, as of December, this process has been put on hold after pressure from the California Legislature, which controls the Bar’s ability to assess dues. In a December 7 letter, the chairs of the California Senate and House Judiciary Committees repeated talking points of the state’s trial lawyers in urging the bar not to devote resources to this effort. As a result, the working group has suspended the remainder of its scheduled meetings for the year. You can read more about the legislature’s misguided effort here.
#2: Florida Bans App That Helps Fight Traffic Tickets
In October, the Florida Supreme Court ruled that TIKD, an app that helped drivers resolve traffic tickets at a low fixed cost, was engaged in the unauthorized practice of law. Responsive Law had filed an amicus brief in the case making the point that no consumers were harmed by the app, which was providing help to thousands of people who wouldn’t otherwise be able to find a lawyer or take time to fight the ticket in court themselves.
The court agreed that the app was providing a valuable service and that it didn’t harm anyone, but claimed that its hands were tied by regulations governing the unauthorized practice of law. Who makes those regulations? If you read item #3 in our countdown, you'll know that it’s the Florida Supreme Court. Click here to learn more about the Court’s ruling.
The court agreed that the app was providing a valuable service and that it didn’t harm anyone, but claimed that its hands were tied by regulations governing the unauthorized practice of law. Who makes those regulations? If you read item #3 in our countdown, you'll know that it’s the Florida Supreme Court. Click here to learn more about the Court’s ruling.
#3: Florida's Proposed "Law Practice Innovation Laboratory" Isn't Innovative; Bar Rejects It Anyway
In June, a Florida Supreme Court committee issued a report that called for the creation of a "Law Practice Innovation Laboratory" in which the state could test some changes to the rules governing how legal services are provided. However, the proposal would actually have allowed only minor changes to how law firms are owned and structures, and wouldn't have allowed business models that could provide affordable legal help by operating at a larger scale than is feasible under the current rules.
Apparently, even this tiny change to the status quo was too much for the Florida Bar, whose board voted unanimously against it in December. The Florida Supreme Court usually follows the Bar’s recommendation in regulatory matters, although it has not yet decided what to do in this instance.
Apparently, even this tiny change to the status quo was too much for the Florida Bar, whose board voted unanimously against it in December. The Florida Supreme Court usually follows the Bar’s recommendation in regulatory matters, although it has not yet decided what to do in this instance.
#4: Washington Supreme Court, Fueled by Lawyer Donations, Ends Consumer Access to Paralegals
In July, the Washington Supreme Court finalized its decision to stop licensing Limited License Legal Technicians (LLLTs)—trained paralegals who could provide legal services directly to consumers. The program, which was limited to family law, was under attack from the bar from its outset. An education and experience requirement for LLLTs that was nearly as high as that for lawyers resulted in a very small number of licensees. Rather than seeing this as evidence that the requirements should be adjusted, the Court used it as an excuse to end licensure.
In April, Responsive Law asked the Court to reconsider its pending decision due to the lack of public input in the process and the failure of Chief Justice Steven González to recuse himself, despite having held multiple fundraising events hosted by family lawyers during his last campaign. Despite our efforts, the Court proceeded with its plans to end LLLT licensing.
In April, Responsive Law asked the Court to reconsider its pending decision due to the lack of public input in the process and the failure of Chief Justice Steven González to recuse himself, despite having held multiple fundraising events hosted by family lawyers during his last campaign. Despite our efforts, the Court proceeded with its plans to end LLLT licensing.
#5: Americans Would Have Better Access to Legal Help in a War Zone, Worldwide Study Finds
In this year’s World Justice Project’s Rule of Law Index, the U.S. ranked 126th out of 139 countries in the category, “People Can Access and Afford Civil Justice.” It ranked the worst among countries in the high-income tier and ranked lower than every country in the upper-middle-income tier as well. Among the countries ranking higher than the U.S. in this category is Afghanistan.
Read more here about Responsive Law’s reaction to the rankings, and what we’ve been doing to make legal help easier to find in the U.S. than in a war zone.
Read more here about Responsive Law’s reaction to the rankings, and what we’ve been doing to make legal help easier to find in the U.S. than in a war zone.
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