Swaying the Balance of Justice The Ethics of Mitigating Low-Income Legal Inequality through Electronic Resources by Ean Kryska

What is Unbundling? According to Hornsby According to Hornsby Menu driven Menu driven Clients pick representation options Clients pick representation options

Comprehensive Legal Needs Study Results Results Half of all households faced a situation that raised a legal issue Half of all households faced a situation that raised a legal issue If a household faced one legal issue, it was just as likely that it faced more than one If a household faced one legal issue, it was just as likely that it faced more than one 38% of low-income households took no legal action to alleviate their need 38% of low-income households took no legal action to alleviate their need

Why? Some households were slightly above or below the eligibility line and they believed they were ineligible Some households were slightly above or below the eligibility line and they believed they were ineligible Some households believed that legal help would not solve their problems Some households believed that legal help would not solve their problems Some were slightly above the eligibility line, yet could not afford private help Some were slightly above the eligibility line, yet could not afford private help

Usefulness of Online Resources Online Resources Online Resources Lawyer or individual firm websites Lawyer or individual firm websites Completecase.com, Legalzoom.com, Mylawyer.com Completecase.com, Legalzoom.com, Mylawyer.com Document assembly Document assembly General information General information Lawguru.com Lawguru.com Can freely ask questions once every 30 days Can freely ask questions once every 30 days Randomly distributes your questions to attorneys in your area Randomly distributes your questions to attorneys in your area No information can replace a meeting with a real attorney No information can replace a meeting with a real attorney Online directories Online directories Cross referencing of legal matters w/jurisdiction Cross referencing of legal matters w/jurisdiction Online lawyer referral services Online lawyer referral services Some may require lawyers to meet objective standards Some may require lawyers to meet objective standards Multifunctional information and advice sites Multifunctional information and advice sites Findlaw.com Findlaw.com Case-bidding services Case-bidding services Legalmatch.com Legalmatch.com

Ethical Dilemmas Ghost-writing and Document Assembly Ghost-writing and Document Assembly Usually, pro se litigants’ submissions are treated liberally Usually, pro se litigants’ submissions are treated liberally Litigants may be defrauding the court and attorneys have a duty of candor Litigants may be defrauding the court and attorneys have a duty of candor States should force attorneys to put their names on the pleadings, but not force them to file appearances States should force attorneys to put their names on the pleadings, but not force them to file appearances

Counter-argument in favor of ghost-writing Counter-argument in favor of ghost-writing Courts can almost be guaranteed of a competently written pleading Courts can almost be guaranteed of a competently written pleading Court can still treat litigant’s appearance in court liberally, while knowing that, at least, the litigant’s pleadings are accurate Court can still treat litigant’s appearance in court liberally, while knowing that, at least, the litigant’s pleadings are accurate Lawyers should not be afraid to put their names on ghost-written pleadings because their level of responsibility for submitting an accurate pleading is no different than normal Lawyers should not be afraid to put their names on ghost-written pleadings because their level of responsibility for submitting an accurate pleading is no different than normal Courts know who is responsible for the pleadings Courts know who is responsible for the pleadings

Advice-giving / Document Assembly Software Advice-giving / Document Assembly Software Programs like Quicken Family Lawyer Programs like Quicken Family Lawyer Adds and removes entire clauses in order to customize documents Adds and removes entire clauses in order to customize documents Interviews user Interviews user Texas changed its UPL statute to allow for programs like QFL Texas changed its UPL statute to allow for programs like QFL As long as there is a clear advisory on the product stating that the consumer should not rely on the product as it would an attorney, product should be allowed As long as there is a clear advisory on the product stating that the consumer should not rely on the product as it would an attorney, product should be allowed

Reynoso Reynoso BPPs who sold licenses to access internet software that would prepare bankruptcy petition forms BPPs who sold licenses to access internet software that would prepare bankruptcy petition forms BPPs were not identified in petition forms that users would print out BPPs were not identified in petition forms that users would print out Transformed raw data into completed forms Transformed raw data into completed forms

Online Advice is the Same as Advice in the Real World Online Advice is the Same as Advice in the Real World The more specific the advice given, the greater the likelihood that an attorney-client relationship has formed The more specific the advice given, the greater the likelihood that an attorney-client relationship has formed Non-lawyers and UPL Non-lawyers and UPL Palmer, case of an owner of a website alleged to have given out free legal advice (amoralethics.com) Palmer, case of an owner of a website alleged to have given out free legal advice (amoralethics.com) Court had no concrete evidence that Palmer had responded to questions with advice to specific inquiries Court had no concrete evidence that Palmer had responded to questions with advice to specific inquiries Key element is tailoring of advice to the needs of a specific person Key element is tailoring of advice to the needs of a specific person