Category Archives: De-Regulation

Algorithms and Checklists May Help Deal With Implicit Bias

While I am an advocate of algorithm driven processes in law, I still have a slightly queasy feeling about the whole idea.  It comes from the fear that outcomes are not going to be “far,” but are going to be … Continue reading

Posted in Court Management, Criminal Law, De-Regulation, Domestic Violence, Evictions, Legal Aid, Medical System Comparision, Non-Lawyer Practice, Outcome Measures, Science, Simplification, Systematic Change, Tools, Triage

Nothing Ever Changes – Queen Elizabeth I Had To Intervene to Protect Against Professional Monopoly Over-Protection By Physicians

I am reading a wonderful book called The Gardens of the British Working Class.  It is one of those books that seems to be about what some would call a “little thing,” but is really about all of life.  The … Continue reading

Posted in Anti-Trust, Bar Associations, De-Regulation, History, Medical System Comparision, Non-Lawyer Practice, Systematic Change | 3 Comments

DOJ and FTC Weigh In on Exempting Websites from the Practice of Law

On June 16 of this year, North Carolina passed a law creating a limited carve-out from the definition of the practice of law for websites that met certain requirements.  The bill is here.  There has been robust critique of the … Continue reading

Posted in Alternative Business Structures, Anti-Trust, Bar Associations, De-Regulation, Dept. of Justice, Document Assembly, Federal Agencies, Forms, Non-Lawyer Practice, Plain Language, Rules Reform, Technology

My Video on Five Ways to Incentivize Bar, Courts, Legal Tech and Nonprofits to Get Us to Access for All

Here is my second short video, made initially for the SRLN day at the Equal Justice Conference.  This one lays out five ways to use the power and threat of regulation/deregulation, and other incentives such as the tax code, to … Continue reading

Posted in 100% Access Strategy and Campaign, ABA, Access to Justice Boards, Bar Associations, Budget Issues, De-Regulation, Funding, Incnetives, Legal Aid, LSC, Middle Income, Mixed Model, Non-Lawyer Practice, Planning, Self-Help Services, Simplification, Software Developers, SRLN, Systematic Change, Tax Policy, Technology, video | 1 Comment

Does the Concept of “Entity Regulation” Provide an Entry Point for Access Contribution Requrements

The ABA Commission on the Future of Legal Services has just released for comment an Issues Paper Concerning Unregulated LSP Entities.  The basic idea is that currently unregulated legal services provider entities, such as online document assembly services, might be … Continue reading

Posted in 100% Access Strategy and Campaign, ABA, De-Regulation, Document Assembly, Incnetives, Metrics | 2 Comments

ABA Commission Paper on Legal Check-Ups Could Offer Opportunity to Integrate Private Providers Into ATJ Triage Movement

A few days ago, the ABA Commission on the Future of Legal Services, fresh from a major step forward in getting House of Delegates approval for their Model Regulatory Objectives, issued for comment a draft Issues Paper Concerning Legal Checkups. … Continue reading

Posted in ABA, Access to Counsel, Attorney-Client, Bar Associations, De-Regulation, Incnetives, Non-Lawyer Practice, Technology, Triage | 2 Comments