Center on Law & Technology

In Spring and Summer 2025, we are partnering with IAALS on a collaborative webinar and workshop series, AI, Access to Justice & UPL: Shaping the Future of Legal Services.

Too many people remain unable to access the services they need to help solve their legal challenges. Emerging technologies like artificial intelligence (AI) offer transformative potential for improving access to legal services, yet their full promise remains hindered by Unauthorized Practice of Law (UPL) regulations that have long been amorphous, uncertain, and unevenly applied. 

It must be acknowledged that these rules, while perhaps maintained with noble intentions, now serve three overlapping functions that influence how legal services are delivered—and who can provide them:

• An Integrity Function: Protecting Consumers
• An Insulation Function: Shielding Lawyers from Competition
• An In Terrorem Function: Stifling Innovation & Investment through Uncertainty

While the integrity function may be vital to protecting consumers, the insulation and in terrorem functions have significant consequences that may stifle innovation and perpetuate the justice gap.

Allowing the insulation and in terrorem functions of UPL to persist has created a regulatory framework that may limit opportunities for enhanced access to justice.

If clarified and specified, the integrity function can remain the foundation for UPL rules, but the insulation and in terrorem effects must be curtailed to prioritize consumer needs over professional self-interest.

The thesis of this series of webinars and workshops is this: by clarifying and modernizing UPL enforcement, we can foster innovation that supports underserved populations without compromising ethical standards. Read more from Jeff Ward on LinkedIn. 

RAILS published an AirTable in April 2025 which includes 275+ articles related to access to justice, tech innovation, and regulation of the practice of law. These articles include peer-reviewed journals as well as news articles, blogs, and white papers / reports. 

Thank you to the multiple Duke Law research assistants who contributed to this document in 2024 and 2025, and to colleagues at IAALS who shared resources. 

Contact the RAILS Team with questions, additions, or concerns at rails@law.duke.edu.

We work in partnership with other organizations to support the AI & A2J ecosystem, including but not limited to these examples:

• We support Legal Aid of North Carolina's Innovation Lab by serving on their advisory board and subcommittees. 
• The Justice Tech Directory for Legal Services Organizations is hosted on the Legal Services National Technology Assistance Project (LSNTAP) website and produced in partnership with the Justice Tech Association (JTA). We've presented this directory at conferences (2024 SRLN Conference and the 2025 Equal Justice Conference) and published several articles about our findings.
   
  • How Legal Aid and Tech Collaboration Can Bridge the Justice Gap by Kelli Raker and Maya Markovich (December 02, 2024)
  • Scaling Justice: Collaborating for impact — 5 essential tips for justice tech providers by Kelli Raker and Maya Markovich (January 21, 2025)