Legal Issues

Cato Study: Unauthorized Practice Of Law

Prior to the 1920s, many lawyers attended law school for only a year or two, and the majority did not go to law school at all. They learned law as apprentices in law offices. But then the American Bar Association embarked on a crusade to restrict the practice of law to those who had received their degrees at a law school and been accredited at the bar.

  • The result is that in every state except Arizona, there is a legal prohibition against practicing law without a license from the government.

  • Since Arizona rescinded its "unauthorized practice of the law" statute in 1986, consumers can take their problems to lawyers or clinics staffed by paralegals.

  • Arizona's paralegals specialize in routine work they understand well and perform for fees most people can afford.

  • Advocates of freer legal markets point out that much of what lawyers learn at school or pick up cramming for the bar exam is forgotten once they actually settle into a particular area of practice -- leaving clients to pay for training which is never used.

Lawyer groups also take a dim view of legal self-help books, even though they are factually correct.

The New York Bar Association sued to prevent the sale of Norman Dacey's book, "How to Avoid Probate" when it appeared more than 30 years ago. The lawyers lost.

More recently, the state bar of Texas is taking Nolo Press, a publisher of self-help law books, before the Texas Supreme Court in a suit scheduled to be heard October 21. The lawyers contend the sale of Nolo's books and computer programs violate the state's unauthorized practice statute.

Observers say the lawyers are probably in for a tough lesson on First Amendment rights.

Source: George C. Leef (Cato Institute), "Legal Profession Defends Its Turf," Washington Times, October 16, 1998.

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