from Part V - Barriers and Risks
Published online by Cambridge University Press: 29 July 2026
Unauthorized practice of law (“UPL”) restrictions are a primary barrier preventing AI and other technologies from expanding access to justice. While 92% of low-income people in the United States cannot access adequate legal help, the very innovations that could bridge this gap face regulatory uncertainty. This uncertainty stems from century-old professional boundaries that lack clear definitions of what constitutes “practicing law.”
The analysis reveals a fundamental paradox: general-purpose AI systems like ChatGPT routinely provide legal advice with regulatory immunity, while specialized tools designed specifically for unrepresented litigants face UPL scrutiny. Through case studies of Upsolve, LegalZoom, and DoNotPay, the chapter examines their respective strategies for navigating UPL restrictions: a First Amendment challenge, antitrust litigation, and boundary testing.
Regulatory sandboxes pioneered in Utah and Arizona offer promising frameworks for reform, but the legal profession must choose between preserving professional monopolies and embracing innovations that harness AI’s potential to democratize legal assistance for unrepresented litigants.
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