Showing posts with label access to justice. Show all posts
Showing posts with label access to justice. Show all posts

Friday, March 27, 2026

The Rules of Law: How librarians can help patrons with legal questions; American Libraries, March 2, 2026

Elyse H. Fox, American Libraries; The Rules of Law: How librarians can help patrons with legal questions

"Librarians are used to being generalists, able to research all kinds of questions. But when someone seeks help filling out a form or understanding their rights, those same staffers may be wary of crossing the line from legal reference to unauthorized practice of law. Moreover, public library collections often have few legal resources for patrons.

Within these limitations, though, library workers can develop their legal reference skills and provide appropriate referrals. The American Association of Law Libraries’ (AALL) 2014 report Law Libraries and Access to Justice offers tips for how to do this. In the decade since this report was released, demand for services has remained high, with many low-income Americans unable to get adequate help for their civil legal problems. Here are some takeaways from the report—and my 40 years in law librarianship—that are still relevant in bridging the justice gap."

Sunday, May 22, 2022

One Bar Admission To Rule Them All?; Above The Law, May 6, 2022

 , Above The Law; One Bar Admission To Rule Them All?

"After several years of research, discussion, and drafting, the Association of Professional Responsibility Lawyers (APRL) published an open letter to the ABA late last month proposing significant changes to Model Rule 5.5, governing the unauthorized practice of law. If adopted, the new Rule 5.5 would permit a lawyer admitted anywhere in the United States to provide legal services in any jurisdiction that has adopted the new rule, without regard to physical presence, state licensure, or any other geographic factor. One of the longest-lived protective guardrails in the history of American law would be largely dismantled...

The original rules against UPL had two practical purposes: protecting the public from bad lawyering and protecting lawyers from out-of-state competition...

Let’s face it, this collapsing of borders is already happening. Consider the Uniform Bar Examination, which is currently adopted in 37 states. The law we have to study to actually get admitted to any individual jurisdiction is increasingly the same. What’s more, many states have, for years, allowed established attorneys the ability to waive into other state bars on motion alone, without taking the bar exam again. And this model isn’t without precedent. CPAs take a single national exam for their certification that’s been administered for over 100 years, and APRL specifically cited the national driver’s license model in their arguments supporting the new proposed Rule 5.5.

If protecting the public from bad lawyering is no longer a strong rationale for our existing UPL framework, the only justification we’re left with is protecting attorneys from competition. Given the access to justice problems we’re already trying to deal with, this seems to be prioritizing lawyers’ interests ahead of those of the public. Wealthy clients want the best counsel for their needs, no matter where that counsel happens to live and practice. Working-class clients just want an attorney they can afford to see them through the biggest challenges in their life. In both instances, expanding the pool of attorneys is a positive.

Every step our industry takes toward the modern world is a step in the right direction. The proposal makes sense conceptually and from a business standpoint. Reducing artificial barriers to practicing law may invite competition to come into our home states, but it also allows each of us to go out and offer our services to compete on a national scale. For the sake of our clients, and the sake of ourselves, let’s move forward and stop pretending the world ends at the state line."