Wisconsin Supreme Court Confirms Consumer Right to Nonlawyer Assistance

The Wisconsin Supreme Court voted unanimously to adopt a new definition of the practice of law that will go into effect January 1, 2011. The vote rejected a sweeping power grab by the Wisconsin Bar and included many reforms urged by HALT and other consumer advocates.

"We're pleased that Wisconsin is making real progress in reforming its unauthorized practice rules," stated HALT Executive Director Theresa Meehan Rudy. "While not perfect, Wisconsin's new rule only applies where 'there is a client relationship of trust or reliance.' This crucial language, which HALT urged, means that legal consumers are free to choose less expensive nonlawyer services in situations where they do not need or want to establish an attorney-client relationship."

The new rule also recognizes the legitimate role of document preparers, legal self-help products, certified public accountants and financial advisors. In addition, it specifically allows pro-bono legal services, labor negotiations, mediations and nonlawyer representation in administrative proceedings.

Finally, the court heeded HALT's advice and rejected the Wisconsin Bar's effort to create a new bureaucracy to enforce its unauthorized practice rules.

The Wisconsin effort to impose restrictions on who can provide law-related services began with a 2007 petition from the state bar that largely echoed a proposed model that was rejected by the American Bar Association in 2003 after HALT and other consumer advocates objected. Like the rejected ABA model rule, the original Wisconsin proposal would have made virtually every service that touched on any legal right the exclusive domain of lawyers.

On two occasions, HALT submitted testimony opposing the Wisconsin Bar's proposal, noting that it would inhibit innovation in legal services by prohibiting the development of the legal document assistant profession and by putting into doubt the legality of online service providers. HALT stressed the economic benefits to consumers and nontraditional legal services providers, as well as the practical necessity for innovation to address the growing problem of access to the civil justice system.

The final rule approved by the Wisconsin Supreme Court is a vast improvement over the bar's original proposal, and requires a court review after five years, so there will be an opportunity to improve it further.

Click here to read the Court's decision.