North Carolina Justice for All Project (www.ncjfap.org)转发了
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Under the subheading of External Challenges, President Todd Brown of the North Carolina State Bar (NCSB) recently shared his views on the litigation initiated by the North Carolina Justice for All Project (www.ncjfap.org), the Institute for Justice, and Cranfill Sumner LLP in the NCSB Journal. Read about that litigation here: https://lnkd.in/eHqiHngk What wasn't mentioned was the journey Executive Director S. M. Kernodle-Hodges, Rachel Royal, CP, NCCP, Plaintiffs Morag Black Polaski, ACP, NCCP, and Shawana W. Almendarez, and I took to address North Carolina’s access to justice crisis before the lawsuit was filed. We first petitioned the NC Supreme Court to implement reforms allowing trained legal paraprofessionals to assist low—and middle-income populations, much like nurse practitioners in healthcare. However, the NC Supreme Court informed us that the regulation of the Unauthorized Practice of Law rests with the General Assembly, not the NC Supreme Court. Later,?Kernodle-Hodges?and I were appointed to an NCSB Regulatory Reform Subcommittee, where we were assured there was goodwill to find a solution. Todd Brown served on this subcommittee, which met from June 2020 to December 2021. The January 2022 report recommended certain reforms: Limited licensing for nonlawyers/paraprofessionals A regulatory sandbox to test new legal service models A court navigator program Exploring alternative business structures and fee-sharing Liberalizing unauthorized practice of law statutes The report stated, “The subcommittee unanimously recommends the State Bar Council pursue the development and eventual implementation of a separate license for qualified nonlawyers to provide legal services.” However, the Access to Justice Committee, formed in July 2021, to study these initiatives further focused on “legal deserts,” seeking to place more lawyers in rural areas without addressing any of the reforms we had discussed in committee. Read the subcommittee report: https://lnkd.in/ejiqTrrb While needed, more lawyers alone is not a scalable solution. The ABA has cited an increase from 326,000 lawyers in the 1970s to 1,331,290 by 2023, a 76% increase. Yet, the situation regarding access to justice worsens every year. In 2022, Legal Services Corporation reported that 92% of low-income individuals’ civil legal needs are either unmet or inadequately met. As the lawyer population grows, access to justice does not improve. In 2023, we petitioned the General Assembly to allow limited licensing and community justice workers with the support of think tanks nationwide and the U.S. DOJ Antitrust Division. Read more here: https://lnkd.in/eCR-2W96 Several senators empathized with our position, but we were repeatedly referred to the Senate Judiciary Committee because they were the "experts" in those matters. The SJC, comprised primarily of lawyers, ignored our contact requests. Having exhausted all avenues, we filed a lawsuit. More in the comments.