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Thom Lambert on Alternatives to Lawyer Licensing
Let’s start at the very beginning. When analyzing the merits of any regulation — i.e., any rule that disrupts private ordering by threat of force — one should first ask what problem the regulation aims to avert. When it comes to the rules banning sales (and thereby preventing purchases) of legal services by unlicensed individuals, ... Thom Lambert on Alternatives to Lawyer Licensing
Hans Bader on Abolish Law School Requirement, Keep the Bar Exam?
Lawyer licensing should not be completely abolished, but it should be made radically easier and cheaper by abolishing the requirement that lawyers attend law school to sit for the bar exam, and by only requiring passage of the bar exam for those who handle court cases. Legal redress should also be made easier by allowing ... Hans Bader on Abolish Law School Requirement, Keep the Bar Exam?
Unlocking the Law: Day 1 Wrap Up
Its been a busy first day of posts. I’ve collected links here for readers who want to catch up for tomorrow’s action when we will feature another full slate of posts. I’ve also created a tab to archive all of the Unlocking the Law posts here. Day 1 featured posts from: Larry Ribstein on After ... Unlocking the Law: Day 1 Wrap Up
Larry Ribstein on After the Fall (Of Regulation)
My previous post in this symposium argued that deregulation is upon us. Here I’ll discuss what that could entail. The legal information expert: I summoned up the specter of computers practicing law. There is in fact no doubt that computers can practice law as that term is defined by some courts and regulators: giving personalized ... Larry Ribstein on After the Fall (Of Regulation)
Eric Rasmusen on Everyday Versus Fancy Law
Let me start with a couple of stories. Story 1. I’m an economist, but I got a chance to be like a real lawyer in filing an amicus brief recently (Barnes v. Indiana– here’s our brief). We had only two weeks to organize, write, and file because of an oddity of the case (a petitition ... Eric Rasmusen on Everyday Versus Fancy Law
Walter Olson on Careful What You Unleash
As a libertarian, I mostly concur in the critique of occupational licensure made famous by (among others) Milton Friedman. For the most part, licensure is a consumer-unfriendly affair that protects incumbent practitioners from competition, locks out promising new methods of service provision, and interferes with voluntary dealings between professional and client. It is dubious enough ... Walter Olson on Careful What You Unleash
Richard Painter on Litigation Financing and Insurance
Fifteen years ago I published an article urging that non-lawyers be allowed to finance the cost of legal representation in return for a percentage of a judgment or settlement if the plaintiff is successful. Common law prohibitions on champerty were widely believed at the time to prohibit third parties from buying an interest in litigation. ... Richard Painter on Litigation Financing and Insurance
Renee Newman Knake on Corporations, the Delivery of Legal Services, and the First Amendment Part I
Last month the New York Times ran an editorial with the headline “Addressing the Justice Gap,” observing that “the poor need representation and thousands of law graduates need work.” The piece proposed several solutions, but notably absent was the reform most likely to deliver legal services to those in need and to create jobs for ... Renee Newman Knake on Corporations, the Delivery of Legal Services, and the First Amendment Part I
Bruce Kobayashi on Creative Destruction and the Market for Legal Services
Innovation and entry by entrepreneurs is a powerful force for change. Joseph Schumpeter saw these forces as the primary engine for long-term growth, even as the process of creative destruction destroyed existing wealth, including monopoly rents associated with established regulatory regimes. The forces of creative destruction seemingly have their sights squarely on the legal profession, ... Bruce Kobayashi on Creative Destruction and the Market for Legal Services
Eric Talley on Deregulating Lawyers: Comments From a Knee-jerk Skeptic
I have spent the last few days reading the recent study by Clifford Winston, Robert W. Crandall, and Vikram Maheshri, entitled “First Thing We Do: Let’s Deregulate All the Lawyers” (Brookings Institution, 2011, $19.95). In it, the authors marshal a variety of empirical methods to argue that the current practice of state bar admission and ... Eric Talley on Deregulating Lawyers: Comments From a Knee-jerk Skeptic
Thomas Morgan on Realistic Questions About Modern Lawyer Regulation
If this symposium is asking the single question whether U.S. jurisdictions should deregulate the practice of law, my answer has to be no. My problem is that the question itself conflates at least three questions, and the answers to each should be different. The first question is whether people other than licensed lawyers should be ... Thomas Morgan on Realistic Questions About Modern Lawyer Regulation
Gillian Hadfield on Right-Regulating Legal Markets
Although it has the zing of a slogan that I myself have often used, the call to ‘deregulate’ the legal profession is misleading. Yes, most of us who argue that the legal profession is excessively closed to competition—in a way that hampers both access and innovation, as I have argued in recent papers—think that the ... Gillian Hadfield on Right-Regulating Legal Markets
