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Last summer, the Utah State Bar Commission formed a small task force to explore the Bar's role in addressing the perception of state legislators and others that a significant unmet need
for legal services exists among middle class Utahns. The Commission received an update on the work of the Supreme Court's Committee on Delivery of Legal Services and met with Committee
member and state representative Steve Urquhart. The task force wanted to be well-prepared for any recommendations that the Committee might make to the Bar. The task force consisted of Bar
President-Elect Debra Moore as Chair, Bar Executive Director John Baldwin, and Commissioners D'Arcy Dixon Pignanelli (one of two public members), David R. Bird, Nanci Bockelie, and George
Daines.
Early on, the task force decided that it was important to hear directly from the sector of Utahns at issue. Although we could make educated assumptions about the existence,
extent, and nature of the need, we felt it important to set those assumptions aside and simply listen. With the Commission's approval, we hired an independent research firm that conducted
five focus group sessions around the state in early September. Two sessions were conducted in Salt Lake City and one each in Ogden, Provo, and St. George.
The sessions were
powerful in communicating how Utahns perceive their access to legal services. Strong, consistent themes emerged about the perceived barriers to obtaining legal services. Those themes
include:
- Difficulty estimating the total out-of-pocket costs for a legal matter;
- Generalized distrust of lawyers;
- Reluctance to litigate;
- Lack of awareness of the preventive value of legal services;
- Not knowing how to select a lawyer despite a sense that plenty of lawyers are available;
- Lack of awareness of ADR and other alternatives;
- Uncertainty about the outcome of availing legal services; and
- Questionable value for the dollar as a result of few perceived tangible benefits
While pursuing the focus group research, the task force also explored the concept of developing a web-based clearinghouse of information about legal services. We envisioned a
consumer-friendly site that would provide:
- Utah-specific information;
- General information on how to select and evaluate an attorney, what to expect from an attorney, and how to address problems should they arise;
- Modules providing topic-specific information, including forms, in commonly needed areas such as family law, wills and estate planning, landlord-tenant law, consumer law, and so on;
- Information about ADR, small claims court, pro se assistance, unbundled legal services, and other alternatives to the traditional, full-service model;
- Links to other helpful resources, such as the On-Line Court Assistance Program;
- Lawyer referral services, including referrals to attorneys on reduced-fee panels and unbundled services panels; and
- Attorney listing service providing useful and credible information, including some information that is seldom found in advertising, such as specific information about areas and types
of practice experience, disclosure of malpractice insurance, and disciplinary record, with links to attorneys' own websites (preceded by a conspicuous disclaimer).
The task force identified many concerns about the envisioned site, such as the costs and logistical difficulties of keeping the site current, the possibility that some information could
mislead potential clients about their particular situation, and controversial elements of the attorney listing service. Nevertheless, the results of the focus group research have
encouraged us to pursue the concept. We believe that the critical issues are: (1) whether the site is economically feasible, which will require creating low-cost methods of making the
site well-known to the public (including those who do not normally use the internet), and (2) whether the site will provide enough useful and credible information to reduce distrust of
the legal profession and facilitate access to legal services.
Although the task force has initially concentrated on the website concept, we are also exploring other approaches to
the access issue. The website would include elements such as the creation of forms and panels of attorneys willing to provide unbundled legal services or services at a reduced fee.
Similarly, other methods of community outreach, such as speaking at libraries, PTA meetings and the like, or holding pro se divorce clinics, are promising. Laws, regulations, and
procedures that increase the cost of providing legal services bear examination. The Bar concurs with members of the Supreme Court Committee that meaningful study and change will bear a
significant cost. That cost does not fairly rest at the feet of the Bar and its members.
The task force met with Bar section and committee leaders about these issues in October and
expects to report to the Commission around the end of the year. We would appreciate any comments you may have. You may direct them by email to jbaldwin@utahbar.org, or by letter or phone
to any of the task force members.
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