But, this one is truly unique.
The California State Bar, faced with the reality of existence and use of Artificial Intelligence (AI) in provision of legal services, and with the resulting reality that legal services may be provided by AI-based platforms through the Internet, from beyond the U.S. borders, and from beyond the reach of enforcement of the so-called "unauthorized practice of law", drummed up a "task force" on the use of AI.
And, this task force fell flat on its face in making some interesting, and public admissions.
Here is the agenda and recommendations of the "AI Task Force" of the California State Bar:
Note the very first point that the AI Task Force is making:
"Recommendation: The Task Force does not recommend defining the practice of law."
Huh?
Unauthorized practice of law in California is a crime.
All government regulations - as the U.S. Supreme Court has said LONG time ago, must be CLEARLY defined by STATUTE (not by court "rules").
You know why?
The U.S. Supreme Court provided several reasons for it.
1. If a law is not clear, it does not give clear notice, prior to conduct, to an average citizen how to lead a law-abiding life, what the citizen may or may not do. Ex post facto laws are prohibited in this country by the federal Constitution. A person may not be charged and punished if the government publishes an explanation, on a case by case basis, of why it was wrong to engage in a certain conduct, only after that conduct occurred.
In this case, when "the practice of law", the CORE element of the crime of unauthorized practice of law, is not clearly defined, NOBODY can be charged with that crime, because nobody, including the regulators of the practice of law, know what the heck it is.
Thus, the California State Bar has acknowledged to the public that nearly for 100 years it engaged in an unconstitutional regulation of the practice of law, violating rights of the public to freely choose their consultants, document drafters and court representatives, and the rights of those providers to freely earn their living in their professions.
2. If a law is not clear, it does not give a clear directive to the executive and judicial branch as to how to enforce and apply it, allowing them to put into that law what they think it is - which is exactly what is happening with how the regulation of the "practice of law" is occurring - across the country.
3. And, third, since people normally prefer to stay out of prison, and when they know that the executive and judicial branch is applying a certain vague law in an ex post facto manner, on a case by case basis, so there is no way to predict whether doing a certain thing will or will not land you in prison, people try to censure themselves and restrict their lawful and even constitutionally protected activities, in order not to upset authorities and not to cross invisible lines drawn by authorities at a whim and backwards, in every case.
Acknowledging it is like shooting yourself in the foot - voila, dear public, we have been robbing you and putting you in jail for nothing for 100 years, rejoice.
That this revelation is also made by a professional monopolistic organization that embedded itself into the government (California State Bar is a "branch" of the top state court) and blocks people's choice of any other court representative, or document drafter, or law consultant, than members of that organization - because they are the best, the most competent - is, in fact, proof that the claims of super-competence by this organization, as a basis of its monopoly, is false advertising.
Moreover, the idiots not only acknowledge that what they have been doing for 100 years is unconstitutional - but that they ARE prosecuting people criminally based on something they cannot define, and that they will now magnanimously give exception from prosecution - to an iron man, the AI, while it is not possible to jail software anyway.
Big of them, isn't it?
Also, consider that the idiots actually publicly acknowledged that they deem themselves LEGISLATORS as to what does or does not constitute a crime in the state of California. All other crimes are defined by legislature, and only crimes against attorney monopoly are defined by the monopoly itself - constitutional rules of separation of powers and clarity of statutory laws be damned.
By the way, to institute a monopoly of any kind in the United States is also a crime - a federal crime.
But, attorney monopoly exists for 100 years, while its regulators are never prosecuted for this federal crime because - TADA! - FEDERAL prosecutors and judges, through their STATE law licenses, are all under control of that same monopoly. Moreover, the majority of state and federal legislators are, too. That is the "separation of powers" to you, the monopoly way.
But, but, but, but.
History is a sardonic bitch. It allows travesties to continue, often for a long time, but then it nixes them - often in a very laughable way.
That laughable way history is nixing attorney monopoly is the whole reason why the AI Task Force was even created by the California State Bar.
Guess what - with the current level of technology the Iron Man does not need the magnanimous permission of the California State Bar to do what California State Bar cannot define, and to do it under the strict control of the California State Bar.
The Iron Man can advise the California State Bar a variety of activities to entertain themselves with and do what the California State Bar fears it will do:
Putting such venture capital-funded AI startups outside of jurisdictions having attorney monopolies of their own, or agreeing with the U.S. to enforce or extradite those who are accused of violating the U.S. attorney monopoly - on a private island, for example - will topple attorney monopoly in the U.S. once and for always, without any need for legislative reform that is not possible, given that the majority of legislators are lawyers, and are thus, under control of that monopoly.
An island in the ocean and an AI startup fed by venture capital.
Very doable.
California State Bar standing in the way of a hurricane and pretending it allows the force of nature to hit just a little bit, here and there, but not everywhere - is a joke.
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