Task Force on Access Through Innovation of Legal Services (ATILS)
Notice and Agenda
Monday, February 24, 2020
10:00 a.m. - 4:00 p.m.
The State Bar of California
180 Howard Street
Boardroom, 4th Floor
San Francisco, CA 94105

Questions regarding any agenda item should be directed to the Committee Coordinator(s), Randall Difuntorum at 415-538-2161 or Chair, Justice Lee Edmon at 415-538-2116. Committee members are requested to notify the Committee Coordinator as early as possible in advance of the meeting if they wish to remove any item/s from the consent agenda.

Committee Members: Andrew Arruda, Simon Boehme, Tara Burd, Hon. Wendy Chang, Abhijeet Chavan, Jean Clauson, Johann Drolshagen, Margie Estrada, Lori Gonzalez, Bridget Gramme, Andrew Kucera, Joanna Mendoza, Kevin Mohr, Heather Morse, Joyce Raby, Allen Rodriguez, Toby Rothschild, Daniel Rubins, Mark Tuft, Angelina Valverde, Joshua Walker.
The order of business is approximate and subject to change.

To Join by Conference Call
Toll-Free Dial-In Number: 1-855-520-7605
Conference Code: 253-541-0212#

Additional Locations
1328 West College Street, Murfreesboro, TN 37129
4136 Del Rey Avenue, Marina del Rey, CA 90292
300 S. Raymond Ave., Ste. 8, Pasadena, CA 91140
2612 Othello Ave., San Jose, CA 95122
845 So. Figueroa Street, Los Angeles, CA 90017
12700 Montecito, Seal Beach, CA 90740
1 Banting, Irvine, CA 92618

Open Session

A. Chair's Report
1. Roll Call
2. Call for Public Comment [The Chair reserves the right to limit the duration of the public comment period.]
3. Chair’s Report
A. Chair's Report
3. Justice Gap Study Executive Report
4. Staff Report
A. Chair's Report
4. Board Planning Meeting (Jan 2020)4. Materials for the LLLT Presentation
Attachments:
4. ABA HOD Midyear Mtg 2020-Resolution 115
5. Approval of Action Summary from the February 4, 2020 Meeting
A. Chair's Report
5. February 4, 2020 Meeting Action Summary
B. Discussion and Possible Action
1. Report and recommendation that the Board of Trustees consider the adoption of a proposed amended Rule of Professional Conduct 5.4 to expand the existing exception for fee sharing arrangements with a nonprofit organization.
B. Discussion and Possible Action
1. Proposed Rule 5.4(a)(5)
2. Approval of a clarifying statement that further amendments to Rule of Professional Conduct 5.4 should be considered in addition to ATILS’ recommendation to amend the rule to expand the existing exception for fee sharing arrangements with a nonprofit organization.
B. Discussion and Possible Action
2. Further Study of Rule 5.4 Language
3. Report and recommendation that the Board of Trustees consider possible changes to existing laws that would permit innovative legal services delivery systems, including technology driven legal advice and services, within the constraints of a regulatory sandbox, pilot program or other similar time-limited approach that will provide data on any potential benefits to access to legal services and any possible consumer harm when prohibitions on the unauthorized practice of law, fee sharing, nonlawyer ownership, and other legal restrictions are relaxed or completely suspended for the sandbox or pilot program participants.
B. Discussion and Possible Action
3. Regulatory Sandbox Recommendation
4. Report and recommendation that the Board of Trustees commend to the anticipated State Bar paraprofessional working group the key principles identified by ATILS in studying the concept of a licensing program that authorizes eligible nonlawyers to provide limited legal services.
B. Discussion and Possible Action
4. UPL Exception
5. Report and recommendation that the Board of Trustees consider the adoption of a new Rule of Professional Conduct similar in concept to the American Bar Association Model Rule 5.7, including careful consideration of potential access to justice benefits to the PeopleLaw sector from innovative delivery of law related services provided by: (i) lawyers and law firms; and (ii) businesses owned or affiliated with lawyers and law firms.
B. Discussion and Possible Action
5. Rule 5.7
6. Report and recommendation that the Board of Trustees consider a study of the Certified Lawyer Referral Service rules and statutes together with relevant Rules of Professional Conduct to assure that they properly balance public protection and innovation in light of access to justice concerns and with a particular emphasis on ascertaining if existing laws impose unnecessary barriers to referral activities (including online matching services) that are in the public interest.
B. Discussion and Possible Action
6. Lawyer Referral Services
7. Report and recommendation that the Board of Trustees consider the adoption of amendments to the Rules of Professional Conduct on advertising and solicitation informed by the current American Bar Association Model Rules and the proposed advertising and solicitation rules developed by the Association of Professional Responsibility Lawyers, in particular a reconsideration of the existing designation of “real-time electronic contact” as prohibited solicitation.
B. Discussion and Possible Action
7. Advertising Rules
8. Report and recommendation that the Board of Trustees consider the adoption of an amendment to Rule of Professional Conduct 1.1 that would add a new comment providing that a lawyer’s duty of competence encompasses a duty to keep abreast of the changes in the law and law practice, including the benefits and risks associated with relevant technology.
B. Discussion and Possible Action
8. Revised Rule 1.1
C. Discussion of Final Report to the Board of Trustees
1. Final report preparation and presentation planning.
D. Discussion of ATILS Survey Conducted by the National Opinion Research Center - NORC at the University of Chicago
1. Consideration of initial survey data.
Closed Session

None*

In compliance with the Americans with Disabilities Act, those requiring accommodations at this meeting should notify Angela Marlaud at 415-538-2116. Please provide notification at least 72 hours prior to the meeting to allow sufficient time to make arrangements for accommodations at this meeting.

The notice and agenda is available at: Meetings: Board of Trustees