News Releases

Board of Trustees Accepts Final Report from Legal Tech Task Force; Approves Access and Diversity Initiatives

At its March 12 meeting, the State Bar Board of Trustees engaged in a robust discussion on the final report of the Task Force on Access Through Innovation of Legal Services (ATILS). The Board approved several of the Task Force’s recommendations, including a recommendation to circulate for public comment changes to two Rules of Professional Conduct. The Board deferred until May action on proposals related to the establishment of a working group to explore a regulatory sandbox. The Board also approved other measures furthering the State Bar’s access goal.

“All of us on the task force were driven by the knowledge that the people of California need and deserve better access to legal services,” said Justice Lee Edmon, ATILS Task Force Chair. “I am proud of the work we’ve done and the dialog that this work has generated. We probed tough questions, considered thousands of public comments, and arrived at a pathway to continue moving the policy process forward. We are thankful for the careful consideration the Board has given to this important work and join the Board in their goal of balancing the considerations of access and public protection.”

The Board approved circulating two ATILS proposals for additional public comment:

• An amended rule 5.4 to expand an existing exception for fee-sharing arrangements with a nonprofit organization. This rule change is intended to enhance the ability of nonprofit legal services organizations to expand activities through sharing in legal fees achieved through a settlement.
• An amended comment to rule 1.1 that would provide that a lawyer’s duty of competence encompasses a duty to keep abreast of changes in the law and law practice, including the benefits and risks associated with relevant technology.

Presented along with the ATILS final report were the results of a related study on Californians’ readiness for and attitudes toward online legal services. The State Bar engaged NORC at the University of Chicago to investigate the rate at which Californians have access to the Internet and what barriers might exist to Californians’ use of online legal services. Among the findings:

• At least 88 percent of California adults across demographic groups have Internet access, either through broadband at home or via smartphone.
• Three-quarters of Californians have searched for some form of online help with legal issues. The most common activities are looking for legal forms or how to complete them, and researching laws related to an issue they are experiencing.
• Californians’ personal confidence using the Internet, as well as their attitudes about the reliability of legal services online, are barriers to increasing their use of legal websites.
• Data security, privacy, and the involvement of a lawyer are of significant importance to Californians when accessing legal information online. Law firm ownership is less important: While 65 percent of Californians say that a law firm being owned by lawyers is extremely or very important to them when deciding to use it, just 46 percent say the same about using a legal advice website.

Other actions taken by the Board of Trustees:

• Approved a charter and initial members of the Paraprofessional Program Working Group. By July 2021, the working group is tasked with developing specific recommendations for a new category of legal paraprofessionals in California, such as limited license legal technicians or limited legal advocates. Recommendations will include eligibility requirements, pathways for licensure, practice areas to be included, types of tasks that paraprofessionals will be permitted to perform, financial responsibility requirements, and the development of a licensing/certification and regulatory model to implement the program. The Board approved 10 initial members and appointed Chris Iglesias, member of the Board of Trustees and CEO of The Unity Council, as chair.
• Adopted access-related strategic plan objectives arising from the California Justice Gap Study, directing that the State Bar:
  • Support public education about key problems not recognized as legal issues
  • Support efforts to attract and retain lawyers in legal aid organizations
• Approved circulating for public comment an increase to two hours every three years for training in elimination of bias as part of California attorneys’ Minimum Continuing Legal Education requirements.

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The State Bar of California's mission is to protect the public and includes the primary functions of licensing, regulation and discipline of attorneys; the advancement of the ethical and competent practice of law; and support of efforts for greater access to, and inclusion in, the legal system.