CBA Record Nov-Dec 2019

than ever before. For a variety of reasons, it is more challenging than ever to run a sus- tainable law practice, particularly for lawyers serving the consumer market, and lawyers in all practice settings are struggling to adapt. In short, we are experiencing a failure in the market for consumer legal services. And this is a grave situation, not only for lawyers and legal consumers, but for our court system as well. Is There Hope? Yes, but maintenance of the status quo is not an option. Our profession is unique in that we regulate ourselves. That means that it is within our power to propose changes to these rules to the Illinois Supreme Court that can serve as a first step to ensuring a sustainable legal profession for future generations of law- yers. To start that process, we need to take a fresh look at the rules governing the business of law and the larger legal market. The CBA/CBFTask Force is premised on

most of us could have imagined even a few years ago. Yet the current Rules make it difficult for lawyers to compete with the new online and technology entities that are offering increasingly robust legal resources to the public.The task force will explore how the Rules might be updated to enable lawyers both to partner with and compete on a level playing field with these new entities. 4. Plain Language Ethics Rules. As we look at the Rules of Professional Con- duct governing the business of law, the significant potential for simplification is apparent. One obvious example is the confusing provisions of Rule 7 relating to marketing and advertising. The task force will explore ways to make the rel- evant Rules governing the legal market more understandable for lawyers and the broader public alike. 5. Expanding the Limited Scope Repre- sentation. Illinois already has been at the forefront of creating Rules that enable Illi- nois lawyers to offer “unbundled,” limited scope representationwhere appropriate to provide clients with options for varying levels of service. The task force will look at ways we can build on those Rules to enable and encourage lawyers to make greater use of limited scope, allowing for more affordable and accessible services. We Want to Hear from You Although logistics limit the number of members who can formally serve on the Task Force, we would like to give the entire CBA membership and other stakeholders a chance to provide feedback and input.We are developing plans to create opportunities for members to do so over the coming months. In the meantime, please contact us if you have questions or suggestions or would like more information. E. Lynn Grayson is the CBA’s Second Vice President and a Partner at Nijman & Franzetti. Lynn is co-chairing the newCBA/ CBF Task Force with Justice Mary Anne Mason, who is the CBF Board Secretary. Justice Mason recently retired from the Illinois Appellate Court and is now with JAMS Inc. Jessica Bednarz is the CBF Director of Innovation & Training and is the lead staff for the Task Force.

the recognition that a healthy legal profes- sion and improved access to justice for the public are not opposing concepts ‒ they are inextricably linked. To achieve those twin goals, we need to promote innovation in our profession. The Task Force will evaluate technolo- gies, rule modifications, and other changes, including the possible expansion of legal referral platforms, to promote a more viable and sustainable law practice for Illinois attor- neys that better serves the public. The New CBA/CBF Task Force On October 7, the CBA and CBF officially kicked off the new task force. Its goals are twofold. First, the task force aims to submit recommendations regarding potential changes to the Rules of Professional Conduct to the Illinois Supreme Court by the fall of 2020. The task force will then continue to identify, track, and assess ongoing legal inno- vations and initiatives in other jurisdictions (several other states are looking at these issues as well) to ensure that Illinois remains at the forefront on these issues. The task force will focus on the following five areas; we plan to feature each area inmore detail in upcoming issues of the Record: 1. Modernizing Lawyer Referral and Law Firm Models. The way we currently regulate the business of how lawyers can market and connect to potential clients ‒ and how the public can find good legal help ‒ was literally written for another era. The task force will explore ways to update these Rules to give lawyers new and better options to connect to potential clients while still adhering to the under- lying purposes of protecting clients and protecting the independence of lawyers. 2. Optimizing the Use of Other Legal Professionals. The task force will explore potential updates to the Rules to recognize the roles of other legal professionals to both help better connect potential clients with lawyers and supplement our services as lawyers so that legal help is more afford- able and accessible for the public.We will look at promising models already being used in law as well as successful models used in other professions. 3. Partnering with Online Legal Service Providers andOtherBusiness andTech- nology Entities. Technology innovation in law is growing at a pace beyond what

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