In a historic decision, the Utah Supreme Court approved a number of reforms in an effort to tackle the access-to-justice crisis that has persisted in America for decades.
On August 14, after a ninety-day comment period, the Utah Supreme Court released Standing Order No. 15, in which the court unanimously voted to authorize a pilot program, which will allow individuals and entities to explore ways for both lawyers and non-lawyers to practice law and help minimize constraints on the ways lawyers market and promote their services.
Nontraditional legal service entities will be required to operate in a regulatory sandbox, which will be overseen by the newly established Office of Legal Services Innovation. This office will operate under the supervision of the Utah Supreme Court. Its main purpose will be to assist the Utah Supreme Court in overseeing and regulating nontraditional legal services providers and the delivery of nontraditional legal services The pilot phase of this project will last two years and at the end of this period, those participants who are authorized, in good standing, and pose minimal risk of causing consumer harm will be permitted to continue operations.
Standing Order No. 15 also brought changes to Utah’s Rules of Professional Conduct. Most notable are Rule 5.4A, which permits attorney fee sharing with nonlawyers providing there is written notice to the client, and Rule 5.4B(b), which allows lawyers to practice law in an organization that is managed or owned, fully or partially, by nonlawyers. The Utah Supreme Court is hopeful the pilot program will increase Utahn’s access to legal help in an uncertain time.
For more information on the pilot program, read the full opinion here.
