Task Force on Access Through Innovation of Legal Services (ATILS)
Notice and Agenda
Monday, May 13, 2019
10:00 a.m. - 4:30 p.m.
The State Bar of California
845 South Figueroa Street
Board Room, 2nd Floor
Los Angeles, CA 90017

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, Daniel Rice, Allen Rodriguez, Toby Rothschild, Daniel Rubins, Mark Tuft, Joshua Walker.
The order of business is approximate and subject to change.

The meeting of the Task Force will begin at 10:00 a.m. for approximately 1.5 hours. Following the completion of the concurrent subcommittee meetings, the full Task Force meeting will resume at 2:00 p.m.

Additional Location
180 Howard Street, Room 8A, San Francisco, CA 94105

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

 

Open Session

A. Chair's Report10:00 a.m.
1. Roll Call
2. Call for Public Comment
3. Chair's Report
4. Staff Report
5. Approval of Action Summary from the April 8, 2019 Meeting
B. Guest Speakers10:45 a.m.
1. Alison Paul, Montana Legal Services Association
C. Subcommittee Reports and Recommendations / Task Force Action2:00 p.m.
1. Discussion and Potential Action on Unauthorized Practice of Law/Artificial Intelligence Subcommittee Recommendations
a. Recommendation: Retain California’s case law definition of the practice of law and do not seek to “codify” it in a rule or statute
b. Recommendation: Add an exception to the prohibitions against the unauthorized practice of law providing “safe harbor” that permits a (certified/registered/approved) entity to engage in practice of law activities using technology as the primary delivery system
c. Recommendation: Regulation of an entity permitted to practice law using technology must include the establishment of adequate standards that regulate both the provider and the technology itself
d. Recommendation: If an entity is permitted to practice law using technology, then the nature of the technology used should not be limited or restrained by any concept or definition of “artificial intelligence”
e. Recommendation: If an entity is permitted to practice law using technology, then that entity should be required to provide adequate privacy protections similar to the protection afforded by the attorney-client privilege and a lawyer’s ethical duty of confidentiality
f. Recommendation: If an entity is permitted to practice law using technology, then that entity should be required to provide adequate data security
2. Discussion and Potential Action on Rules and Ethics Opinions Subcommittee Recommendations
a. Recommendation: Proposed changes to Rules of Professional Conduct, specifically rules 5.4 and 5.5
b. Recommendation: Proposed regulatory reforms, including changes to the Rules of Professional Conduct, regarding a new system of paraprofessionals authorized to provide legal services
c. Recommendation: Proposed changes to Rules of Professional Conduct pertaining to multi-disciplinary practice delivery models
d. Consideration of report and rationale for recommendation
3. Discussion and Potential Action on Alternative Business Structures/Multi-Disciplinary Practice Subcommittee Recommendations
a. Recommendation: Lawyers in traditional practice and firms stay under the current regulatory framework with a mind towards expanding access to justice through innovation
b. Recommendation: Widen the scope of our charter to include entities which may or may not have lawyer ownership or operational management and/or control
c. Recommendation: Entities can be composed of lawyers, non-lawyers or a combination of the two however, regulation would be required and may differ depending on the structure of the entity

  • Parameters under which these entities will be permitted to operate
  • Regulatory schema
  • Organization which will be responsible for regulating these individuals or entities

d. Recommendation: Non-lawyers will be authorized to offer limited legal services as an exemption to UPL with appropriate regulation
e. Recommendation: New models being proposed would include individuals and entities working for-profit and would not be limited to not for profits.

D. Consideration of Staff Recommendations
1. Discussion of ATILS Survey by NORC
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: http://board.calbar.ca.gov/Board.aspx