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ALTERNATIVE DISPUTE RESOLUTION FEBRUARY 24, 2020 ¦ S-31

law firms, the unauthorized practice of law, or any
other subjects.
The vote in favor was near unanimous. Henry
Greenberg, president of the New York State Bar
Association, which had a few weeks ago raised con-
cerns about elements of a report accompanying
Resolution 115, spoke in support of the resolution at
the meeting Monday.
“115 is not just the right thing to do, the moral
thing to do for our clients, but for the profession it’s
the right thing to do. We know pro bono alone is not
getting it done,” Greenberg told the delegates when
urging them to support the resolution. He noted
that it does not dictate any changes state bar associa-
tions should make. American Bar Association in Chicago.

Two weeks ago, leaders of several state bar as- Courtesy photo.

sociations expressed opposition to 115, saying it standing committees dealing with ethics and profes-
would lead to outside investment in law firms or sional responsibility.
nonlawyers practicing law. New York bar leaders When the New York bar sent its opposition letter,
sent a letter to the ABA House of Delegates, the Greenberg said, it pointed to sections of the report
national group’s main policymaking body, outlin- accompanying the drafted resolution that would vi-
ing their concerns. olate New York rules prohibiting the unauthorized
State bar associations in Ohio, practice of law and outside invest-
New Jersey, Illinois, Pennsylvania ment in law firms. But the revised
and Delaware also opposed the resolution and report eliminated
resolution in its previous form. By a near-unanimous vote, the bar’s concerns, he said.
the ABA House of Delegates
In an interview following No one spoke in opposition to
Monday’s vote, Greenberg said approved the resolution the resolution during the House

discussions over the last 10 days after revising it to address of Delegates meeting.
with sponsors of Resolution 115 concerns raised by the New Some ideas intended to increase
led to revisions that allayed the York State Bar Association access to legal representation are
New York bar’s concerns. already forming in states. Bar
The favorable vote at the ABA’s and others. groups and courts in California,

midyear meeting in Austin is a Utah and Arizona are pursuing
“great day for lawyers [and] their proposals for fee-sharing with
clients,” said Greenberg, a shareholder at Greenberg nonlawyers and permitting outside investment in
Traurig in Albany. law firms. The Chicago Bar Association also formed
Lora Livingston, a state district judge in Austin a task force to consider changes in Illinois.
who introduced the resolution at the meeting, urged The revised report does not recommend amend-
delegates to support it because it seeks “real creative ments to existing ABA model rules because more
solutions” to the access-to-justice crisis the U.S. fac- data is needed to determine which, if any, regulatory
es. It encourages people to think outside the box, she changes would encourage new models for “compe-
said, adding that it does not advocate any specific tent and cost-effective” legal services delivery. ¦
innovation or program.
Livingston is a member of the advisory counsel of Senior reporter Brenda Sapino Jeffreys covers the
the ABA Center for Innovation, which helped pre- business of law in Texas. Contact her at bjeffreys@
pare the resolution in partnership with four ABA alm.com On Twitter: @BrendaSJeffreys

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