Center on Law & Technology

Too many people remain unable to access the services they need to help solve their legal challenges. Emerging technologies like 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.

This initiative follows directly upon IAALS’ November 2024 convening, Unlocking Legal Regulation: Regulating AI in the Delivery of Consumer-Facing Legal Services and post convening report.

We gathered virtually in September, October, and Novermber to take on a specific recommendation of the IAALS report–prosecutorial guidance and no-action letters that shield entrepreneurs, lawyers, and court staff from UPL.

• Prosecutorial guidance tells the public, legal tech companies, courts, and others which kinds of services the regulator is most concerned about and which ones are lower risk or generally acceptable.
• This "soft power" approach aims to preserve the integrity function of UPL while providing the clarity and safe harbors that real innovation and democratization in legal services delivery needs.
• During the workshops, IAALS and the Duke Center on Law & Tech will seek input from key stakeholder groups on the substance of such policies and strategies for igniting conversations around them in all 50 states.
• Based on this input, the outcome of the workshops will be to create a toolkit for regulators and leaders to use as they discuss if and how to regulate AI in consumer-facing legal services in their local jurisdictions. 

We hope for the outcome to be a better balance of smarter consumer protection and meaningful innovation that expands access to integral services for all.

If you were unable to attend our fall workshops or have additional ideas for the toolkit, please contact Kelli Raker at kelli.raker@law.duke.edu.