Task Force on Access Through Innovation of Legal Services (ATILS)
Notice and Agenda
Friday, June 28, 2019
10:00 a.m. - 5:00 p.m.
The State Bar of California
180 Howard Street
Board Room, 4th Floor
San Francisco, CA 94105

Questions regarding any agenda item should be directed to the Committee Coordinator(s), Randall Difuntorum at 415-538-2161 or Chair, Justice Lee Edmon at 415-538-2116. Committee members are requested to notify the Committee Coordinator as early as possible in advance of the meeting if they wish to remove any item/s from the consent agenda.

Committee Members: Andrew Arruda, Simon Boehme, Tara Burd, Hon. Wendy Chang, Abhijeet Chavan, Jean Clauson, Johann Drolshagen, Margie Estrada, Lori Gonzalez, Bridget Gramme, Andrew Kucera, Joanna Mendoza, Kevin Mohr, Heather Morse, Joyce Raby, Daniel Rice, Allen Rodriguez, Toby Rothschild, Daniel Rubins, Mark Tuft, Joshua Walker.
The order of business is approximate and subject to change.

The meeting of the Task Force will begin at 10:00 a.m. for approximately 30 minutes. Following the completion of the concurrent subcommittee meetings, the full Task Force meeting will resume at 12:30 p.m.

Additional Location
1 Terry Spinks Place, London E16 1YH, UK
421 West B Street, San Diego, CA 92101
4134 Del Rey Ave., Marina Del Rey, CA  90292
845 S. Figueroa St., Los Angeles, CA  90017

To Join by Conference Call
Toll-Free Dial-In Number: 1-855-520-7605
Conference Code: 253-541-0212#

Open Session

A. Chair's Report10:00 a.m.
1. Roll Call
2. Call for Public Comment
3. Chair's Report
4. Staff Report
5. Approval of Action summary from the May 13, 2019 Meeting
B. Approval of Unauthorized Practice of Law/Artificial Intelligence Subcommittee Reports and Recommendations for Public Comment Circulation12:30 p.m.
1. Recommendation: The Task Force does not recommend defining the practice of law.
2. Recommendation: Add an exception to the prohibition against the unauthorized practice of law permitting State-certified/registered/ approved entities to use technology-driven delivery systems to engage in authorized practice of law activities.
3. Recommendation: The Regulator of State-certified/registered/approved entities must establish adequate ethical standards that regulate both the provider and the technology itself.
4. Recommendation: Communications under an approved program should receive the same or equivalent protections afforded by the attorney-client privilege and a lawyer’s ethical duty of confidentiality.
5. Recommendation: Regulated entities should be required to provide enhanced privacy and data security protections, scalable to consumer risk. At a minimum, they should also be required to comply with the equivalent ethical standards required of lawyers.
6. Recommendation: The regulatory process contemplated by recommendation numbers X,X, and X, should be funded by application and renewal fees. The fee structure should be scaled based on factors such as non-profit status, revenues/profits, and/or how much the product addresses the access to justice gap. (Note: The “X” will be substituted with specific recommendation numbers once finalized.)
7. Recommendation: Regulated entities should not be limited or restrained by any concept or definition of “artificial intelligence.” Regulated entities should not be limited or restrained by any concept or definition of “artificial intelligence.” Instead, regulated entities should be limited by the concept of “legal technology,” which is defined as a technologically mediated solution (i.e., entailing substantial use of software-data platforms) that embodies the traditional analytic function, understanding, and/or insight of an expert attorney or member of the judiciary. This may include the technologically mediated application of law to a specific case.
C. Approval of Rules and Ethics Opinions Subcommittee Reports and Recommendations for Public Comment Circulation
1. Recommendation: Adoption of a new Comment [1] to Rule of Professional Conduct 1.1
2. Recommendation: Adoption of Proposed Rule 5.4 [Alternative 1]
3. Recommendation: Adoption of Proposed Rule 5.4 [Alternative 2]
4. Recommendation: Adoption of Proposed Rule 5.7
5. Recommendation: Adoption of amendments to California Rules 7.1-7.5 that conform to ABA Model Rule counterparts 7.1-7.3
D. Approval of Alternative Business Structures/Multi-Disciplinary Practice Subcommittee Reports and Recommendations for Public Comment Circulation
1. Recommendation: Confirm that the scope of the Task Force’s charter includes entities which may or may not have lawyer ownership or operational management and/or control.
2. Recommendation: Entities can be composed of lawyers, non-lawyers or a combination of the two, however, regulation would be required and may differ depending on the structure of the entity.
3. Recommendation: Non-lawyers will be authorized to provide legal advice and services as an exemption to UPL with appropriate regulation.
4. Recommendation: The models being proposed would include individuals and entities working for-profit and would not be limited to not for profits.
5. Recommendation: Lawyers in traditional practice and law firms perform legal and law related services under the current regulatory framework with the intention of expanding access to justice through innovation with the use of technology and modifications in relationships with non-lawyers.
E. Task Force Consideration and Action on General Recommendations Not Addressed by Subcommittees
1. Recommendation: That the implementation body be assigned to identify metrics designed to assess the impact of the ATILS reforms on the justice gap in California.
2. Other recommendations needed to clarify or enhance subcommittee proposals.
Closed Session

None*

In compliance with the Americans with Disabilities Act, those requiring accommodations at this meeting should notify Angela Marlaud at 415-538-2116. Please provide notification at least 72 hours prior to the meeting to allow sufficient time to make arrangements for accommodations at this meeting.

The notice and agenda is available at: http://board.calbar.ca.gov/Board.aspx