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to offer an affordable alternative to the lower end and middle of the market for legal services . But the services they offer are limited in nature . The LegalZoom interface is using what some might call a “one-size-fits-all” approach with much of the services it provides, and when one looks at the types of issues LegalZoom handles, it is hard to find assistance—let alone representation—in the types of cases that are most pressing for low- and moderate-income individuals and families, like evictions and foreclosures or veterans’ benefits .12 While there are certainly low- and moderate- income individuals who need a provisional patent, one of the services offered through LegalZoom, such a need is not high on many low-income individuals’ hierarchy of legal needs . If providers of disruptive legal services do not focus on the legal needs of low- and moderate-income individuals and families, such disruption will have little effect on closing the justice gap and improving access to justice in the fields where it is most needed .
Are disruptive services truly competent and effective legal services?
While the advent of technology-enabled services seems to serve as a harbinger of radical change in the provision of legal services, a question remains: are such services truly competent and effective? Indeed, are they legal services at all? A quick review of the LegalZoom website offers a disclaimer (one that has been litigated over in many states), that says quite clearly that the information provided over the LegalZoom website, which offers a range of services, from brief advice and information to model forms one can fill out, are not, in fact, legal services .13 Closing the justice gap can only come about by the provision of legal services . And it is only the provision of legal services that is subject to the types of quality control that comes about through adherence to the ethical rules that govern attorney behavior and the ethics machinery—from bar associations to judicial panels on ethics and the courts—that oversees it . While some may argue that the availability of technology-enabled services, where the alternative is no services whatsoever because of a lack of access to justice, could be better than nothing, that is not the case when the services rendered are so bad that a client-customer is worse off than she would have been without the assistance .
The first thing to ensure that the services rendered meet the standards of competence and zeal required of lawyers under their ethical obligations to their clients is to monitor the provision of these new, technology-enabled services for their compliance with such ethical obligations . And for that to start these technology-enabled services will have to make it clear to their customers whether they are holding themselves out as lawyers or not . If they are, they must comply with their ethical obligations as attorneys . If they are not, they should make it clear to their customers the role they are filling, and what, if any, consumer protections are available to the customer . Again, a customer of such services could be made worse off by misguided, uninformed and incompetent advice that places his or her legal rights in jeopardy . If one wins the trust of a customer and that customer places that trust in the service provider, that provider should be trustworthy and competent in the services he or she is rendering .
12 www.legalzoom.com (website offers a wide array of legal services for consumers to utilize).
13 The LegalZoom disclaimer provides as follows:
Disclaimer: Communications between you and LegalZoom are protected by our Privacy Policy but not by the attorney-client privilege or as work product. LegalZoom provides access to independent attorneys and self-help services at your specific direction. We are not a law firm or a substitute for an attorney or law firm. We cannot provide any kind of advice, explanation, opinion, or recommendation about possible legal rights, remedies, defenses, options, selection of forms or strategies. Your access to the website is subject to our Terms of use.
Disclaimer, legalzoom, http://www.legalzoom.com (last visited May 15, 2016). For an overview of the litigation regarding LegalZoom with respect to whether the business is engaged in the unauthorized practice of law, see Embracing Disruption, supra note 2, at 583-585.
Impact: Collected Essays on Expanding Access to Justice