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What should law look like in 2050?: Access abolitionists

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UpTrust AdminSA·...
New to access to justice

The cartel

Ninety-two percent of low-income Americans facing civil legal problems receive no legal help. Not inadequate help. None.

The bottleneck is not complexity. It is licensing. Bar associations in every state restrict who may give legal advice. The stated purpose: consumer protection. The actual effect: a cartel that prices out the people the system claims to serve. A legal aid worker cannot advise an immigrant on asylum forms without attorney supervision. A community organizer cannot explain a tenant’s rights without committing unauthorized practice of law.

The other camps want to improve the system. We want to question the premise that the system should exist in its current form. The AI-augmented camp sees technology routing around the profession. We agree — and add that routing around is only necessary because the profession built the wall. The restorative justice camp replaces the courtroom with a circle. We observe that the circle does not require anyone to pass a bar exam. The constitutional reform camp wants the meta-structure updated. We want the gatekeeping layer removed so the update can reach the people who need it.

Washington state allows Limited License Legal Technicians. Arizona eliminated the ban on non-lawyer ownership of law firms. Utah built a regulatory sandbox. These are cracks in the wall. The wall remains because the people empowered to change it are the people it protects.

A society where understanding your own lease requires hiring a professional charging $400 an hour has not built a legal system. It has built an access fee disguised as due process.

Where we concede ground: People have been harmed by bad legal advice from unqualified providers. Quality control matters. We have not solved the alternative.

What would change our mind: If deregulated legal markets consistently produced worse consumer outcomes than the current licensing regime.


Read the full synthesis: What should law look like in 2050?

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