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Outside the Box: How States Are Increasing Access to Justice Through Evidence-Based Regulation of the Practice of Law

January 1, 2024

‍Showcases TLC’s Certified Advocate Partner Program as a transformative access-to-justice innovation, under Utah’s regulatory sandbox framework.

Utah’s Legal Regulatory Sandbox

In 2019, the Utah Supreme Court embarked on a “profound[] reimagining”21 of the regulation of legal services, shifting the rules away from restrictive prescription and toward an approach that can more effectively respond to the rapidly changing nature of the legal-services market and the unaddressed needs of consumers. The Sandbox has three key components:22

  1. Evidence-based regulation: Regulations governing practice in the Sandbox are grounded in evidence collected from the regulated market. Becoming authorized to practice law in the Sandbox requires surmounting relatively low barriers — primarily that applicants regularly (e.g., monthly) provide detailed data on their legal services. Regulatory action is triggered by empirical evidence that consumer harm is occurring at an unacceptable level.
  2. Entity regulation: Instead of regulating individuals in licensed roles, the Sandbox authorizes and regulates entities, both for profit and nonprofit, to practice law.
  3. Relaxation of the rules banning UPL and fee-sharing with nonlawyers: Both the broad ban on UPL by people who are not lawyers and the ban on fee sharing between lawyers and others can undermine the ability of the legal-services market to serve consumers. Entities in the Sandbox can be authorized to provide legal services by means other than attorneys — including people, software, or both — and/or for investment and ownership by people who are not attorneys and entities that are not lawyer-controlled.

The Sandbox launched in August 2020.23 The Legal Services Innovation Committee of the Utah Supreme Court administers the Sandbox, while ultimate regulatory authority remains with the court.24 The court itself reviews and votes on each entity that applies for admission.25

Regular submission of detailed data about legal services provided by Sandbox participants gives a clear sense of what is happening with consumers and reveals emerging trends. The Innovation Office, which hosts the innovation committee, publishes a monthly report on Sandbox activity, making these insights publicly available.26 The data show that Sandbox entities are providing an increasing number of services across a range of legal areas, with very low incidence of measured consumer harm.

As of January 2024, 51 entities had been authorized27 and over 75,000 services provided to approximately 24,000 unique consumers.28 Just under 14,000 of those services were delivered by people who were not licensed attorneys or by software.29 Key areas of service include business law services (45.6 percent),30 likely primarily to small businesses, as few entities in the Sandbox serve large corporate clients.31 Other key areas include immigration, veterans’ benefits, end-of-life planning, accident/injury, and marriage and family issues.32

Consumer complaints are part of the required data reporting.33 As of January 2024, the office had received a total of 14 complaints, approximately one per 4,011 services delivered.34 The office determined that nine of those complaints raised potential consumer harms caused by the legal services provided, a ratio of one complaint per 8,468 services. Comparison to consumer complaints about lawyers is difficult, in part because the Sandbox counts discrete (unbundled) legal services rather than cases and in part because there are limited data on harms caused by lawyers. Social scientific studies grounded in expert peer review of lawyers’ work product find that lawyers typically commit impactful errors in one-fifth to one-quarter of cases.35 As of January 2024, entities operating in the Sandbox have responded to all reported consumer complaints “adequate[ly] and acceptabl[y], according to the Utah Office of Legal Services Innovation.36

Underneath these high-level statistics are a variety of companies and nonprofits offering legal services to consumers in new ways. Examples include:

  • ZAF Legal is an accident/injury legal tech company owned by lawyers with venture capital investment.37 Using the influx of capital, ZAF Legal has developed a sophisticated software platform to help injured consumers advance their own personal-injury claim. ZAF’s model addresses a lack of legal aid for injured consumers whose likely damages claims are too low for traditional personal-injury attorneys to risk representation.38
  • Rasa Legal is a public benefit corporation using both advocates who are not attorneys and a software system to help people determine their eligibility for criminal expungement and navigate the process to get their records expunged.39 Rasa charges flat fees for various expungement-related services. These fees are about one-eighth of the average cost for such services charged by a lawyer.40
  • Holy Cross Ministries is a nonprofit, community-based organization partnering with Innovation 4 Justice to train and deploy lay medical-debt legal advocates to help people negotiate and resolve their medical debt.41
  • Rocket Lawyer is one of the largest legal-technology companies providing automated legal-document services in the country. It hires and partners with lawyers to supplement its existing services with comprehensive legal assistance and advice.42
  • In Timpanogos Legal Center’s Certified Advocate Partner Program, trained lay domestic violence advocates offer legal advice to victims seeking protective orders and stalking injunctions. Advocates do not charge for their services.43
  • Estate Guru is a legal-services company offering estate planning services through software, lay assistants, and lawyers. Consumers can access services at a variety of price points.44

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This project was supported in part by the Utah Office for Victims of Crime, awarded by the Office for Victims of Crime, U.S. Department of Justice. The opinions, findings, conclusions, and recommendations expressed in this publication are those of Timpanogos Legal Center and do not necessarily reflect the views of the U.S. Department of Justice or the Utah Office for Victims of Crime.

This project was supported in part by the Utah Office for Victims of Crime, awarded by the State of Utah. The opinions, findings, conclusions, and recommendations expressed in this publication are those of Timpanogos Legal Center and do not necessarily reflect the views of the Utah Office for Victims of Crime or the Utah Commission on Criminal and Juvenile Justice.

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