IF HE LOOKS LIKE A LAWYER, AND
TALKS LIKE A LAWYER, HE MAY BE A
LIMITED LICENSE LEGAL TECHNICIAN
they consult and advise, complete and file
necessary court documents and assist pro se
litigants in navigating the legal system.
D A N T R AY N O R
ABA Delegate
The Mid-Year Meeting of the American
Bar Association in San Diego discussed
changes occurring in the delivery of legal
services. The ABA’s Commission on the
Future of Legal Services, dubbed “Futures
Commission,” was formed to examine
how legal services are provided in the U.S.
and other countries and to recommend
innovations that improve the delivery of, and
the public’s access to, those services.
Lawyers in North Dakota are already
competing with products from Rocket
Lawyer, Legal Zoom and Avvo.
Internationally, lawyers in Canada and the
United Kingdom may work in a law firm
owned by non-lawyers. Australia has three
publicly traded law firms.
The Futures Commission proposed the
House of Delegates consider Resolution 105
to create a framework to guide state court
systems in the changing landscape of legal
services delivery.
Changes are already occurring.
In Washington State, legal services may
be provided by non-lawyers registered as
Limited License Legal Technicians (LLLT).
LLLTs are trained and licensed to advise
and assist people going through divorce,
child custody and other family-law matters
in Washington State Courts. While LLLTs
are not yet allowed to appear in courts,
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THE GAVEL
LLLTs were created to address access-tojustice concerns by providing an affordable
alternative to a lawyer.
We may be seeing the first aspects of legal
services by non-lawyers in North Dakota.
Currently, the Family Law Mediation
Program uses some non-lawyers to act as
mediators, performing decidedly lawyerly
functions.
Resolution 105 and the proposed changes
are not without opposition in the House of
Delegates. At least one state bar association
and the Section of Litigation have expressed
strong opposition. A specialist in legal ethics
characterized the changes as an affront to
the fiduciary nature of our profession and an
open acceptance of the unauthorized practice
of law.
Resolutions from diverse
perspectives considered
As always, the ABA’s agenda was diverse,
consequential and focused on the dynamic
landscape of legal practice in America.
Some other resolutions may be of interest to
lawyers in North Dakota.
The National Conference of Commissioners
on Uniform State Laws asked support for six
different uniform law projects or revisions,
including a Uniform Residential Landlord
and Tenant Act, Uniform Commercial Real
Estate Receivership Act, and a Uniform
Recognition and Enforcement of Canadian
Domestic-Violence Protection Orders Act.
The Law Student Division urged each
state’s bar admission authorities to adopt the
Uniform Bar Examination (UBE), while the
South Dakota Bar and Native American Bar
Association warned jurisdictions adopting
the UBE to consider the impact on minority
applications.
For more information about the American
Bar Association or to join, please visit
www.americanbar.org.
Judge Sonna Anderson
is participating in the
ABA Judicial Division
The ABA’s Judicial Division is dedicated to
improving the American judicial system.
This ABA division has over 4,000 members,
including judges from federal, state, local and
tribal courts at the trial and appellate levels.
For many years, Grand Forks Judge Joel
Medd represented North Dakota judges in
the ABA. Judge Medd’s retirement left a
void that has been ably filled by Judge Sonna
Anderson from Bismarck.
Judge Anderson was kind enough to respond
to questions about her involvement in the
ABA.
Q: What (or who) got you involved in
the ABA and, specifically, in the National
Conference of State Trial Judges (NCSTJ)?
Judge Anderson: Judge Joel Medd has been
an enthusiastic mentor for the ABA Judicial
Division and the NCSTJ. He was active in