Task Force on Access Through Innovation of Legal Services (ATILS) - Subcommittee on Unauthorized Practice of Law/Artificial Intelligence
Notice and Agenda
Monday, May 13, 2019
11:30 a.m. - 2:00 p.m.
The State Bar of California
845 South Figueroa Street
Board Room, 2nd Floor
Los Angeles, CA 90017

Questions regarding any agenda item should be directed to the Committee Coordinator(s), Randall Difuntorum at 415-538-2161 or Chair, Abhijeet Chavan at 415-538-2116. Committee members are requested to notify the Committee Coordinator as early as possible in advance of the meeting if they wish to remove any item/s from the consent agenda.

Committee Members: Simon Boehme, Hon. Wendy Chang, Margie Estrada, Heather Morse, Daniel Rubins, Joshua Walker.
The order of business is approximate and subject to change.

Additional Location
180 Howard Street, Room 8A, San Francisco, CA 94105

To Join by Teleconference
Dial-in Telephone Number:1-855-520-7605
Passcode: 800-238-4427#

Open Session

A. Chair's Report
1. Roll Call
2. Call of Public Comment
3. Chair's Report
4. Staff Report
5. Approval of Action Summary from the April 8, 2019 Meeting
B. Action / Report and Recommendation
1. Recommendation: Retain California's case law definition of the practice of law and do not seek to “codify” it in a rule or statute
2. Recommendation: Add an exception to the prohibitions against the unauthorized practice of law providing “safe harbor” that permits a (certified/registered/approved) entity to engage in practice of law activities using technology as the primary delivery system
3. Recommendation: Regulation of an entity permitted to practice law using technology must include the establishment of adequate standards that regulate both the provider and the technology itself
4. Recommendation: If an entity is permitted to practice law using technology, then the nature of the technology used should not be limited or restrained by any concept or definition of “artificial intelligence”
5. Recommendation: If an entity is permitted to practice law using technology, then that entity should be required to provide adequate privacy protections similar to the protection afforded by the attorney-client privilege and a lawyer’s ethical duty of confidentiality
6. Recommendation: If an entity is permitted to practice law using technology, then that entity should be required to provide adequate data security
7. Consideration of report and rationale for recommendations
  • Overview of Regulation of Practicing Law in California
  • Definition of the Practice of Law in California
  • Restrictions on the Practice of Law in California by Persons or Entities Not Licensed by the State Bar of California
  • Task Force Recommendations regarding Regulation of Practicing Law in California
  • Regulation of Artificial Intelligence
  • Federal Law regarding Regulation of Artificial Intelligence
  • State Law regarding Regulation of Artificial Intelligence
  • Purposes Served by the Regulation of Artificial Intelligence
8. Additional open questions with respect to artificial intelligence and unauthorized practice of law or suggestions for additional recommendations
Closed Session

None*

In compliance with the Americans with Disabilities Act, those requiring accommodations at this meeting should notify Angela Marlaud at (415) 538-2116. Please provide notification at least 72 hours prior to the meeting to allow sufficient time to make arrangements for accommodations at this meeting.

The notice and agenda is available at: http://board.calbar.ca.gov/Board.aspx