ABA embraces principles for non-traditional legal services

The American Bar Association House of Delegates, which determines association policy, approved a group of model regulatory objectives for the delivery of non-traditional legal services on the final day of the ABA Midyear Meeting in San Diego.

The final vote on Resolution 105 was adopted through a voice vote after a rigorous debate of nearly 2 hours. The proposal sets out broad principles, such as protection of the public, transparency of services and delivery of affordable and accessible legal services.

The resolution, one of more than two dozen approved by the House of Delegates, acknowledges the changes in the legal marketplace, such as Rocket Lawyer and limited license legal technicians in Washington state. It sets out 10 regulatory principles that each state’s highest court be guided by as it assesses existing regulatory framework and any other regulations related to non-traditional legal service providers.

The model regulatory objectives, similar to ABA model rules, serve as recommendations to the legal licensing jurisdictions of each state and the District of Columbia.

In other action, the House approved:

• Resolution 110 urging the U.S. Supreme Court to record and make available video recordings of its oral argument.

• Resolution 10B re-affirming ABA support for constitutional equality for women through the ratification of the Equal Rights Amendment to the U.S. Constitution. The initial support for the proposed amendment came 44 years ago, and it died after only 35 of the 38 required states ratified it.

• Resolution 100 encouraging informed and voluntary use of alternative dispute resolution as a means to resolve health-care disputes. The hope is that ADR would help settle disputes and reduce the cost of health care, attributed to about 17 percent of the U.S. economy.

• Resolution 102 urging legislatures to repeal or amend all statutes criminalizing consensual noncommercial sexual conduct in private and between persons who have the legal capacity to consent. The resolution would not seek repeal of criminal statutes for behavior that is nonconsensual, commercial or public, or that involve individuals who lack the legal capacity to consent.

• Two resolutions related to diversity and inclusion. Resolution 107 asks state licensing and regulatory authorities that have mandatory or minimum continuing legal education requirements to include, as a separate credit, those programs regarding diversity and inclusion for the legal profession. Resolution 116 urges U.S. public companies to diversify their boards to more closely reflect the diversity of society and the U.S. workforce.

• Two resolutions dealing with the Uniform Bar Examination, administered by the National Conference of Bar Examiners. Resolution 109 urges bar admission authorities to adopt such an exam in their jurisdictions.
Resolution 117 asks these groups to consider the impact on minority applicants in deciding whether to adopt the Uniform Bar Examination.

• Resolution 115A embracing the Revised Uniform Athletes Agents Act, developed by the National Conference of Commissioners on Uniform State Laws as an appropriate path to follow for those states seeking to adopt laws governing sports agents who seek to represent student athletes.