Modernizing unauthorized practice of law regulations to embrace technology, improve access to justice

Background

In its policy paper, "Modernizing Unauthorized Practice of Law Regulations to Embrace AI-Driven Solutions and Improve Access to Justice," the TRI/NCSC AI Policy Consortium for Law & Courts issues a charge to state supreme courts and bar associations to lead modern regulatory reform to effectively govern the responsible use of AI and technology-enhanced legal services products. The authors argue that the growing access-to-justice crisis coupled with the rapid pace of AI innovation creates a unique opportunity for state courts and bar associations to meet the moment by adopting regulatory reforms that support AI-fueled legal service delivery tools to responsibly assist with legal needs.

Why this matters

AI tools are already being integrated into the legal landscape — utilized by lawyers, courts, and, most critically, by consumers seeking to navigate the complexities of the United States legal system, often as their only recourse. Modernizing unauthorized practice of law (UPL) regulations is a critical first step toward demonstrating that protecting the public and fostering innovation are not mutually exclusive goals, but rather convergent paths toward a more equitable legal system.

States taking action

Several states are taking steps to adopt modern regulatory reform.

In Colorado, the state Access to Justice Commission asked the Colorado Supreme Court to consider revising the state's UPL rules "to determine if revisions should be made to accommodate technological advances that will impact the practice of law and access to justice."^[1] The court formed a subcommittee of the Advisory Committee on the Practice of Law to consider AI-related amendments to UPL rules. No public proposals have been released at this time but are expected in the near future.

Utah has developed a more robust regulatory approach to non-traditional providers of legal services where the state defines the scope of its legal regulatory sandbox. The sandbox provides a regulatory framework designed to permit new types of legal providers and services and collect data on those services specifically to inform both regulatory intervention and ongoing regulatory policy. 

In Alaska, the state's rule creates liability for UPL only if one is representing oneself to be a lawyer and either represents another in court/tribunal (including by submitting pleadings) or, for compensation, gives advice/prepares documents for another affecting legal rights and duties.

Next steps

The access to justice crisis will not be solved by maintaining outdated restrictions on who can provide vital assistance to those most in need. State bar associations and state supreme courts have the opportunity — and responsibility — to lead this transformation through informed, thoughtful regulatory reform. Failure to act raises the potential of the implementation of less nuanced frameworks that may not optimally serve the goals of access to justice, innovation, or consumer protection. 

Read the full policy paper