IJ has long fought harmful, protectionist occupational licensing laws and regulations of speech that block Americans from earning a living and serving their communities. We’ve taken on licensing cartels for occupations including tour guides, engineers, health coaches, veterinarians, and more. And with cases on behalf of Upsolve in New York and the North Carolina Justice for All Project, we are taking on the biggest cartel of all: lawyer licensure. 

Our newest initiative, Counsel Unbound, takes that fight beyond litigation to restore the freedom to give and receive basic legal help nationwide. IJ’s litigation and activism are grounded in the same core principle: When people are barred from speaking—including nonlawyers offering legal advice—speech is being censored. And when it comes to the law, the cost of that censorship is paid every day by people who cannot get help when they need it most.

This is no accident. Courts have given lawyers the exclusive right to define the practice of law and enforce who can and cannot engage in those activities, making them the self-regulated gatekeepers of justice. “Unauthorized practice of law” (UPL) rules make it a crime for anyone to offer even basic legal help without a license to practice law—no matter how knowledgeable, experienced, or trained they may be. 

America has an access-to-justice problem. Every year, millions face routine civil legal issues: family disputes, property issues, debt collection lawsuits, and more. For most, hiring a lawyer is simply out of reach financially. As a result, millions are forced to face the legal system alone. Those who don’t give up entirely are trapped in avoidable legal messes. Courts are clogged with self-represented litigants. And legal help remains artificially scarce and expensive.

This problem has long been studied. For low-income families, 86% of legal needs go unmet because civil legal aid providers lack the resources to help everyone—and only a fraction of Americans qualify for aid to begin with. Many current reform efforts focus on funding, encouraging pro bono work by lawyers, and court reforms. But more funding won’t make a dent; providing one hour of help per household with unmet needs would cost over $50 billion annually—13 times the current combined public and charitable spending on legal aid. Instead of subsidizing a broken system, we want to help radically transform an industry that has previously taken many steps to protect its monopoly status.

That’s why Counsel Unbound will tackle the root cause. Alongside continued strategic litigation, we will confront UPL rules directly by pressing state supreme courts—where most lawyer-licensing regulations are made—to reform their rules and allow more legal helpers. We will launch targeted state-based campaigns that engage the public; elevate the voices of nonlawyers who want to offer real-world solutions; and promote clear, principled models that expand the scope of legal help that does not require a license.

Allowing nonlawyers to help with basic legal issues—including for pay—is not radical or new; for example, it is how things work in England. Anyone there can provide legal advice, and a license is only required for six more complex legal activities, such as representing someone in court.

At its core, Counsel Unbound is about restoring a simple freedom: the freedom to help. Americans should not need seven years of education and a license to share knowledge and serve their communities in safe, responsible ways. The window for meaningful change is open, and IJ is uniquely positioned to offer our decades of experience, focused energy, and strategic advocacy to confront the legal rules that have long stood in the way of real, lasting access to justice.

Christina Walsh is IJ’s senior director of activism and coalitions. Kate Harty is IJ’s activism policy assistant.