While lots of states endlessly debate what to do about A2J and contemplate their navels, Alaska has actually done something that might just move the needle.
On December 1, the Alaska Supreme Court adopted Bar Rule 43.5. This rule sets up a process for those who have not necessarily graduated from law school to provide certain limited legal services to those Alaskans in need. And they can do so without the worry of being accused of the unauthorized practice of law.
These individuals, who the order unfortunately refers to as “nonlawyers,” must be trained and supervised by the Alaska Legal Services Corporation (ALSC). (As one of the legal professionals who was not a lawyer in my old firm once told me, “I don’t like being referred to as a non-anything”. The Alaska Supreme Court could have used a better term). The ALSC is a nonprofit that provides free civil legal services to low-income Alaskans in need.
The new Rule didn’t get a lot of publicity, but it is a significant step forward. It shows how innovative outside-the-box thinking can improve access to justice for those in need and who might otherwise go without legal help.
By way of background, in 2019, the ALSC created the Community Justice Worker (CJW) Project. This Project was designed to address Alaska’s escalating access to justice issues. As in many states, the Alaska legal services lawyers were struggling to keep up with this escalation. The idea was to allow those who have not necessarily gone to law school to do more short of practicing law.
To make the Project even more effective, ALSC recently sought a mechanism for properly trained and supervised CJWs to provide legal assistance and limited legal advocacy and representation to ALSC clients.
Under the Rule,