Arizona clears way for non-attorney law firm co-ownership in bid to boost access
8/28/20 REUTERS LEGAL 21:43:53
Copyright (c) 2020 Thomson Reuters
Sara Merken
REUTERS LEGAL
August 28, 2020
People walk along a corridor of a exhibition hall in Tokyo January 25, 2008. REUTERS/Toru Hanai (JAPAN)
(Reuters) - The Arizona Supreme Court has approved changes to the regulation of the practice of law, including scrapping a rule that bars non-lawyer ownership of law firms.
The modifications could "transform the public's access to legal services," the court said in a statement on Thursday. The changes, which become effective on Jan. 1, also will allow nonlawyers to provide "limited legal services" to clients.
"With these modifications, Arizona is set to implement the most far-reaching changes to the regulation of the practice of law of any state thus far," the court said in its release.
The move follows regulatory reforms in Utah made earlier this month, when the Utah Supreme Court justices authorized a "regulatory sandbox" program for lawyers and nonlawyers to experiment with new business models for a two-year period.
Other states, including California, also are exploring similar changes in efforts to address an "access-to-justice" gap in the country by making legal services more affordable and spurring innovation in the legal industry.
Regulatory reforms in the states also could open the door for the Big Four accounting firms to compete with law firms, which can't currently practice law in the United States.
One of the modifications approved in Arizona would allow for "legal paraprofessionals" who can provide legal services directly to clients and who will need to go through a licensure process. The court said those professionals would be similar to the medical field's nurse practitioners.
Candidates would have to fulfill education and experience requirements, pass a professional abilities test and a process assessing character and fitness, the court said, and those who pass would be affiliate members of the state bar.
Another change eliminates Arizona's ethics rule that restricts nonlawyers from fee sharing and from having an economic interest in a law firm. Such "alternative business structures" will also be required to get licensed, the court said.
The changes stem from a court task force focused on the delivery of legal services, which offered recommendations to the court last fall.
"The work of the task force adopted by the Court will make it possible for more people to access affordable legal services and for more individuals and families to get legal advice and help," Arizona Supreme Court Chief Justice Robert Brutinel said in a statement.
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