Connecticut law prohibits the use of attorneys who are not licensed by the state, forcing anyone hiring a lawyer in Connecticut to choose a member of the Connecticut Bar. However, on March 10, the General Assembly unanimously passed an emergency bill that made an exception allowing out-of-state lawyers to work for the legislature and the governor in the impeachment trial.

"It's ironic that the legislature would use an 'emergency' bill to grant itself an exception to the law," said HALT Senior Counsel Thomas M. Gordon. "The real emergency is that the average person in Connecticut doesn't have access to legal help. HALT supports reducing restrictions on who can provide legal services, but the legislature needs to increase legal access for everyone, not just for itself."

The legislature's action comes amidst a growing debate over the definition of the practice of law, triggered by an American Bar Association report on the topic last year. An initial report by an ABA committee suggested a broad definition of the practice of law that would have included the work of many non-lawyers. After strong opposition from a wide range of groups, including HALT, the United States Department of Justice and the Federal Trade Commission, the ABA relaxed its stance, suggesting that states create their own definitions of the practice of law. Several states, most notably California, Washington and Arizona, specifically provide for the use of non-lawyers for certain tasks, such as preparing simple legal forms and documents.

"The average person shouldn't be required to use a lawyer at all to draft a will or to complete an uncontested divorce. By requiring that people use a Connecticut lawyer, the state is unfairly blocking access to qualified attorneys from neighboring states," Gordon said. "It seems that the legislature is only willing to bust up the Connecticut lawyer monopoly when it suits its own interests."

According to the American Bar Association, each year 38 million low and moderate income Americans are closed out of the civil justice system simply because they cannot afford to hire a lawyer. HALT maintains that until legal consumers can access a diverse spectrum of -legal service providers—including nonlawyer alternatives and lawyers from another state—the crisis of denied justice will continue.

Founded in 1978, HALT—An Organization of Americans for Legal Reform is a nonpartisan, nonprofit public interest organization. HALT pursues an ambitious education and advocacy program that challenges the legal establishment to improve access and accountability and reduce costs in the civil justice system. Please visit www.halt.org for more information.