State Bar to seek public comment on allowing non-lawyers to practice

The public will soon have an opportunity to comment on proposals for allowing non-lawyers to provide limited, technology-based legal services.

The main proposals involve allowing technology providers not necessarily run by lawyers to offer limited legal services. These providers would be approved by the bar in a new process separate from admitting lawyers.

Referring to existing online legal tools during a State Bar Board of Trustees meeting on Thursday, technology task force chair and 2nd District Court of Appeal Justice Lee S. Edmon said, "The current restrictions on legal advice by non-lawyers mean these tools can only go so far in terms of what they are offering without running up against" unauthorized practice of law rules.

The bar's technology task force proposed the changes after examining how to increase access to legal services. They were approved for public comment by the board Thursday. The proposals will also be presented at an American Bar Association hearing in August in San Francisco and finalized by December.

"We need the input from the public to these ideas," Edmon said during the meeting. "They are not at this point any recommendations of this task force or the State Bar. These are purely the options being considered."

The public comment period, with no timeline set yet, could attract more negative feedback from lawyers. Earlier this month, public comments during a task force meeting reflected concerns that widening the definition of legal service providers could increase risk to clients.

To encourage technology providers to innovate and invest in the legal field, the task force is also considering allowing non-lawyers to share legal fees with lawyers.

"It puts the State Bar at the forefront of innovation and for really interesting ways to deliver legal services to those that need it most in the state," board chair Jason P. Lee said at the meeting.

Hundreds of online legal services providers are available, and it's difficult for the public to discern their reputability, which State Bar registration could help with, according to task force documents.

There is no timeline set for public comment.