As far back as 2013, Peter Geraghty (Director of the ETHICSearch, ABA Center for Professional Responsibility) and Susan J. Michmerhuizen (ETHICSearch Research Counsel) wrote an article for Your ABA Enews called Duty to Supervise Nonlawyers: Ignorance is Not Bliss.Although the article focused on issues with paralegals and support staff, I would suggest that computers also qualify
as nonlawyers and the concerns mentioned in the article should apply to them and the technical experts who use them as well
In my September post, I wrote that Daniel's blog provided «an intriguing perspective on the litigation system
as nonlawyers see it.»
Not exact matches
Instead there was a meeting of the WSBA Board of Governors to discuss whether board will include two members of the «public» or
nonlawyers such
as LLLTs
as full voting board members.
Some associations, such
as the State Bar of Michigan and the Mecklenburg County Bar in Charlotte, now reserve the award for
nonlawyers who have contributed to good government in the community.
We use many junior lawyers and
nonlawyer clerks,
as well
as IT, systems, and processes to get work through quickly and efficiently.
We don't want our clients to pay lawyer rates for work that can be performed by a
nonlawyer, such
as the myriad of phone calls and correspondence associated with getting all the relevant parties and materials in one location for a mediation.
Kirchberger highlights legal Semantic Web technology — such
as that discussed in Dr. N \» faria Casellas \ rquote s recent post on legal ontologies — and government eportals — like Austria's HELP service —
as promising means of offering valuable context to
nonlawyers using legal information.
As these examples bear out, the parade of horribles that regulators envision — fee splitting with nonlawyers injecting their interest into the attorney - client relationship, testimonials and reviews that might dupe clients into hiring an unqualified lawyer, making objective and useful information online available through a LinkedIn profile or a blog without prominently labeling it as advertising (I'm stumped to figure out what kind of harm that could ever cause)-- doesn't intimidate today's clients at al
As these examples bear out, the parade of horribles that regulators envision — fee splitting with
nonlawyers injecting their interest into the attorney - client relationship, testimonials and reviews that might dupe clients into hiring an unqualified lawyer, making objective and useful information online available through a LinkedIn profile or a blog without prominently labeling it
as advertising (I'm stumped to figure out what kind of harm that could ever cause)-- doesn't intimidate today's clients at al
as advertising (I'm stumped to figure out what kind of harm that could ever cause)-- doesn't intimidate today's clients at all.
I understand that in countries like the US and Canada there is opposition to ILP - type structures in part because of a belief that
as owners of a law firm,
nonlawyers would cause the firm to act unethically.
As a partner at Schillings, even though I am not a lawyer, I am approved and authorised by the SRA (Solicitors Regulation Authority) to be a
nonlawyer manager.
In the latest round of executive - level changes, Pepper Hamilton hires a
nonlawyer as its new CEO; Hogan Lovells appoints a London lawyer
as chair; and Hodgson Russ selects a 36 - year firm veteran
as president and CEO.
As Ribstein points out, U.S. ethics rules prohibit
nonlawyer owners of firms.
From Richard Zorza's Access to Justice Blog comes word of an interesting new - ish paper1 on the role of
nonlawyer representation (such
as Washington state's Limited License Legal Technicians) in increasing access to justice.
They may argue that a
nonlawyer can not have the right to direct or control the professional judgment of the U.S. lawyer, but the other ABS structures that we have here in the U.K. demonstrate that mechanisms can be put in place to prevent that from occurring, albeit ones that are
as yet relatively untested.
To distinguish firms that have
nonlawyer owners or managers, or that engage in multidisciplinary practices, from traditional law firms and sole practitioners, the U.K. rules provide for a new kind of legal company, referred to
as an alternative business structure.
A critic of what he sees
as a caste system within law firms, he was glad to see the FT refer to «non-legal staff» rather than use the demeaning label «
nonlawyer.»
The ABA's Commission on the Future of Legal Services may play a role in this game
as it considers the new practices
nonlawyers are using to deliver legal services — something the U.K. has through its list of reserved activities only licensed lawyers may do.
This is not about whether
nonlawyers are «trained enough» to be
as good
as lawyers.
New York lawyers may ethically contract with overseas
nonlawyers to perform legal support services such
as legal research, document review and drafting of pleadings or legal memoranda, according to a recent ethics opinion issued by the Association of the Bar of the City of New York.
Just
as the head offices of the
nonlawyer cartels would dictate prices and billing targets to their local employee lawyers.
For one thing, the
nonlawyers would profit just
as much from the costly delays and driven - up costs that are possible and sometimes exploited under the current litigation system.
However, the California rules have the effect of prohibiting
nonlawyer ownership and multidisciplinary practices in the same manner
as Model Rule 5.4).
As I have stated on this blog before, I am working on updating the Greater Boston Legal Services Eviction Defense System, a tool that helps lawyers and
nonlawyer advocates complete legal forms for an eviction.
Our status
as an ABS enables us to have a
nonlawyer shareholder, and we recently finalized Oracle Capital Group's investment in our firm.
As for allowing
nonlawyers to invest in firms, here, we'll have the benefit of learning from the U.K.'s experience under the Legal Services Act of 2007, which allows the practice.
The reason that England and Wales
as well
as Australia adopted PMBR is because their systems were changed to allow for
nonlawyer ownership.
«We are opposed to the KDI's suggestion of allowing
nonlawyers to have a stake in a law firm because a legal service can not, and should not, be regarded
as a general business,» Korean Bar Association spokesperson Chang Jin - young told The Korea Herald.
In my personal opinion, the District's experience with Rule 5.4 has been disappointing in its ability to serve
as a «model» or «pilot» because it appears very few law firms have
nonlawyers partners or managers.
I can understand that in some states, simply hiring Doc
as a contractor or simply paying him a salary would be considered sufficient compensation, and that may be one reason why those states do not permit
nonlawyer ownership.
This helps to address the problem that, at least
as of today, the D.C. Bar does not have the power to regulate
nonlawyers.
On the other hand, if the
nonlawyer is happy to provide services to the firm only, such
as in the role of a Technology Officer or Executive Director, it is easier to see how Rule 5.4 can work.
Without trade - offs to our personal injury law practice,
as a result of a new company structure providing a larger capital base in Australia and the UK, we are now able to offer a wider range of other consumer services including services that critics of
nonlawyer ownership claim are the sort of «less profitable services;» that
nonlawyer owned firms would stay away from such
as: employment law, wills, conveyancing, family law and criminal law.
They are not able to see
nonlawyer ownership and management
as the fantastic advantage that it is.
In this context, the Commission called for comments on the «potential benefits and risks associated with ABS,»
as well
as «evidence or other input» on the relative advantages and disadvantages of different types of ABS (for example, with limits on the percentage of
nonlawyer ownership and / or multidisciplinary practices).
The chair
as well
as the majority of the members must be lay persons (
nonlawyers).
(4) the lawyer partners in the law firm are responsible for these
nonlawyers to the same extent
as if the
nonlawyers were lawyers under Rule 5.1;
In essence, the options were either (1) limited lawyer /
nonlawyer partnerships with a cap on
nonlawyer ownership and the
nonlawyers would be subject to a «fit to own» test, (2) lawyer /
nonlawyer partnerships with no cap on
nonlawyer ownership but the firm could provide legal services only (no multidisciplinary services) and the
nonlawyer partner (s) would be required to perform services for the firm (they could not be passive investors;
as discussed further below, this option was considered to be the «DC approach»), or (3) the same
as Option (2) except the firm could offer multidisciplinary services.
Does the choice of wording for this clause imply that it is fine for
nonlawyers (together or not with lawyers) to own legal service providers — regardless of how wide the range of services they provide —
as long
as those providers are operated
as companies or not - for profit organizations and instead of
as traditional «law firms?»
The D.C. approach does not place a cap on
nonlawyer ownership (although,
as seen below, regulators in D.C. esteem that a cap applies nonetheless), nor does it impose a «fit to own» test on
nonlawyers).
Does it — could it — also encompass structures, be they companies or other types of organizations, that are owned in whole or in part by
nonlawyers, and that provide legal services outside the limited contexts of existing companies like the ones listed above, but in «nontraditional» manner such that it could be difficult to describe the structure
as a traditional «law firm»?
In a study comparing outcomes for low - income clients in the United Kingdom on a variety of matters such
as welfare benefits, housing, and employment,
nonlawyers generally outperformed lawyers in terms of concrete results and client satisfaction....
Do you know what areas of law are front and centre to be sacrificed to the
nonlawyer, anti-competitive profit seekers who are hoping against hope that the legal profession will be so stupid
as to sell the profession to them?
For non-litigation, non-big firm services, the market of well over ten thousand lawyers (
as opposed to a market featuring a handful of corporate,
nonlawyer behemoths) ensures that the costs are affordable.
In the United States this complete bar to
nonlawyer ownership has been codified by the American Bar Association
as paragraph (d) of Rule 5.4 of the Model Rules of Professional Conduct and has been adopted in one form or another in all U.S. jurisdictions, [1][2] except the District of Columbia.
Richard also has been pressing for liberalization of the regulation of the legal profession, especially in unauthorized practice of law and
nonlawyer investment in law firms,
as means to better serve middle - class consumers of legal services.
John Stewart:
As it relates to the technology sub-committee, I expect that the Florida Bar has to make changes and I think that we have currently and appetite at the Board of Governors level to make some of those changes, and those have to be in the areas of advertising, possibly sharing fees with
nonlawyers.
As noted in the comments, even in this scenario where
nonlawyers are the primary beneficiaries of the changes,
nonlawyers will still need to hire some (how many will they hire is the real question) subject matter expert lawyers to save time, money, and mistakes in producing the new systems.
Lawyers in most places are not permitted to share fees with
nonlawyers, practice in firms owned by both lawyers and
nonlawyers, use
nonlawyers to feed business to lawyers, or list unlicensed
nonlawyers as legal practitioners on stationery or advertising.
But more alarming issues involve the potential for UPL,
as well
as cross-referral feeder arrangements between the lawyers and
nonlawyer practitioners with whom they consistently team up, and the erosion of lawyer independence and client loyalty.
While the guidelines do not prohibit
nonlawyers from conducting mediations, they do prohibit a
nonlawyer mediator from providing legal advice (although they do not prohibit the providing of «legal information,» such
as brochures).