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Access to justice 6 min read By Marlow

Access to justice, serving the American people

Low-income Americans go without real help for most of their civil legal problems. Software can now prepare much of that help. What it may do, and what stays with a licensed human.

In short

The Legal Services Corporation found that low-income Americans got no help, or not enough, for 92% of their civil legal problems. Software can now prepare much of that help. The non-profit Org.AI Foundation maps the line: five acts stay with a licensed lawyer, and the rest is work a lawyer may supervise a machine in doing.

A renter gets a notice for unpaid rent with fourteen days to respond. Most of the help that renter needs is words: what the notice means, which defenses might apply, what to file and by when. Software can already prepare much of it. What the renter usually can’t do is pay for a licensed lawyer’s time.

That gap is measured. In its 2022 study, The Justice Gap, the Legal Services Corporation found that low-income Americans got no legal help, or not enough, for 92% of their civil legal problems.

The justice gap

92%

of the civil legal problems low-income Americans faced got no legal help, or not enough.

53%

of low-income Americans doubted they could find an affordable lawyer if they needed one.

Source: Legal Services Corporation, The Justice Gap (2022)

Where the machine helps, and where it stops

The question is no longer whether AI can help. It is which parts of legal help a machine may do, and which stay with a licensed human. The Org.AI Foundation, a non-profit, has written that line down at law.org.ai, and published it before filing any petition, so that regulators can read it first.

Its catalog names five reserved acts, and beside each, the work a lawyer may supervise a machine in doing:

Reserved to a licensed lawyerWhat a supervised machine may do
Appearing before a tribunalResearch, argument outlines, organizing the record, transcript summaries, deadline tracking
Giving final legal adviceResearch memos, issue-spotting, plain-English explanations, each adopted by the lawyer before it reaches the client
Signing and filing pleadings and court documentsDrafting, cite-checking, formatting to court rules, assembling exhibits, behind a human check before anything is signed
Setting and taking legal feesGenerating the agreement for the lawyer to adopt, invoicing, payment processing that takes no title to the fee
Binding the client on consequential decisionsPreparing the decision memo, delivering it, and recording the client’s own decision

Everything not on the list (the research, the drafting, the forms, the timelines, the translation of legalese) is preparatory work. The machine carries a decision. It never makes one.

The lawyer stays

The design rule at law.org.ai is short: a licensed lawyer is engaged first, then the machine, never the reverse. The machine works as the lawyer’s supervised instrument, the lawyer reviews its work before a client relies on it, and every direction is logged while the client’s own words stay in the lawyer’s file.

The order law.org.ai requires
  1. 01

    A lawyer is engaged

    A licensed lawyer takes the matter before any machine works on it.

  2. 02

    The machine prepares

    Research and drafts, as the lawyer’s supervised instrument.

  3. 03

    The lawyer adopts it

    The lawyer reviews the work and adopts only what they stand behind.

  4. 04

    The client relies on it

    Only then does the help reach the person who needs it.

Never the reverse.

The order matters because of privilege. In February 2026, in United States v. Heppner, Judge Rakoff of the Southern District of New York held that a defendant’s chats with a consumer AI tool were not privileged. He had used it on his own, not at his lawyer’s direction. The court left open whether use directed by counsel could come out differently.

That opening points back to United States v. Kovel, the 1961 Second Circuit decision that an accountant working at a lawyer’s direction can fall inside the attorney-client privilege. Supervision is the condition that does the work.

Why Minnesota first

The Foundation starts with Minnesota, and makes the case at law.org.ai/mn: its supreme court regulates its own bar, and has already extended privilege to supervised help twice, to certified law students in 2013 and to legal paraprofessionals in 2020, a pilot the court made permanent in 2024. Both came with the same conditions:

  • certification by the Board of Law Examiners;
  • a named supervising lawyer who carries personal responsibility;
  • the client told, and accepting;
  • a duty of confidentiality.
Minnesota’s path
  1. 2013

    Supervised law students

    Privilege extends to certified students working under a named lawyer.

  2. 2020

    Legal paraprofessionals

    The court approves a pilot for supervised paraprofessionals in family and landlord-tenant law.

  3. 2024

    The pilot made permanent

    The court makes the Legal Paraprofessional Program permanent, and widens it.

  4. 2025

    The bar looks at AI

    The state bar’s AI committee approves a report on a path for AI tools that serve access to justice.

  5. Next

    A supervised machine

    The Foundation’s proposal: an authorized-agent rule, tried first in a free law-school clinic.

Source: law.org.ai, The Minnesota case

The Foundation’s proposal asks for the same shape for a supervised machine, to be tried first in a free, supervised law-school clinic. That clinic is the next step. The design also learns from Utah, whose regulatory sandbox reported about one complaint for every 5,869 services through April 2025, and then ran into problems the Minnesota design is written to avoid.

Where Marlow comes in

Marlow is working with lawyers on this initiative, to bring supervised legal help to the people who need it most and can least afford to ask.

The fit is the line itself. On Marlow, the reserved act stays with the lawyer: a licensed professional performs it under their own license, in their own judgment. Software prepares the work, and the lawyer decides what is theirs to decide.

That unbundling is also how legal help gets cheaper. When AI prepares and lawyers judge, a lawyer’s time concentrates where it always mattered, and someone who could never pay for hours of drafting may be able to pay for minutes of judgment.

The renter with fourteen days doesn’t need a machine that pretends to be a lawyer. They need the machine to do the preparatory work, and a licensed human to do the rest. Read the reserved acts and the Minnesota case in full.

Questions

How big is the justice gap?

In its 2022 study, The Justice Gap, the Legal Services Corporation found that low-income Americans got no legal help, or not enough, for 92% of their civil legal problems. And 53% doubted they could find an affordable lawyer if they needed one.

The Org.AI Foundation’s catalog names five: appearing before a tribunal, giving final legal advice, signing and filing pleadings and court documents, setting and taking legal fees, and binding the client on consequential decisions. Everything else is preparatory work a lawyer may supervise a machine in doing.

Is a conversation with an AI tool privileged?

Not on its own. In United States v. Heppner, decided in the Southern District of New York in February 2026, a defendant’s chats with a consumer AI tool, used without his lawyer’s direction, were held not privileged. The court left open whether use directed by counsel could come out differently.

Why start with Minnesota?

Its supreme court regulates its own bar, and it has already extended privilege to supervised legal help twice: to certified law students and to legal paraprofessionals, each with a named supervising lawyer, the client told and accepting, and a duty of confidentiality. The Foundation’s proposal asks for the same conditions for a supervised machine.

How is Marlow involved?

Marlow is working with lawyers on this access-to-justice initiative, to bring supervised legal help to people who could not otherwise afford it. Software prepares the work, and a licensed lawyer does what only a lawyer may do.

Sources

  1. The Justice Gap: The Unmet Civil Legal Needs of Low-income Americans (2022), Legal Services Corporation
  2. Access to justice, with the lawyer kept in, Org.AI Foundation
  3. The reserved acts, Org.AI Foundation
  4. The Minnesota case, Org.AI Foundation
  5. SDNY addresses privilege and work product implications of using unsecured public AI tools, Proskauer
  6. United States v. Kovel, 296 F.2d 918 (2d Cir. 1961), Public.Resource.Org
  7. Allied legal professionals: Minnesota, IAALS, University of Denver
  8. Minnesota Supervised Practice Rules, Rule 2, Minnesota Office of the Revisor of Statutes

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