Barriers to Entry Forum
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Barriers to Entry
A Senior Fellow at the Brookings Institution has a new journal article out arguing that the ABA should reduce the barriers to entry in the legal field, citing efficiency gains that would eventually reduce the price of legal services.
Quick synopsis of the article: http://www.brookings.edu/research/paper ... aw-winston
Full article: http://www.brookings.edu/~/media/resear ... -final.pdf
Any thoughts on this?
Quick synopsis of the article: http://www.brookings.edu/research/paper ... aw-winston
Full article: http://www.brookings.edu/~/media/resear ... -final.pdf
Any thoughts on this?
- First Offense
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Re: Barriers to Entry
Why the fuck is this anon?
- MKC
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Re: Barriers to Entry
The whole reason I signed up for this job was the advertised high barrier to entry. I should have realized that the barrier is an illusion.
Last edited by MKC on Sat Jan 27, 2018 5:39 pm, edited 1 time in total.
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Re: Barriers to Entry
OP here. Sorry, accidental anon.
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Re: Barriers to Entry
There is already an overabundance of lawyers, I don't see how lowering barriers to entry would do anything when 30-40% of those graduating law school are unemployed 9 months out. There is certainly not a supply problem.
Maybe if states only required high school diploma we could staff a law firm with inept lawyers who merely rubber stamp copyright registrations for minimum wage. The issue with the legal market at the higher levels is that there is not price competition between lawyers for the best cases. You don't see Supreme Court litigation firms cutting their fees (with the exception of pro bono) just so they can be on a certain case. Instead it's a bidding war for the most talented lawyers. If Paul Clement can only argue x amount of cases, but x+5 companies want him to represent them, they're going to have a bidding war where 5 companies lose.
Legal services are not a fungible commodity, prices are relative to quality of service provided. Decreasing barriers to entry would only increase the availability of low quality legal services. But I still do not think that's true because you have 30-40% of graduates unemployed and they're not all going out and starting their own firm to compete against incumbent firms. Practicing law is a difficult task that takes experience before you can even reach the level of competency.
The legal field is really weird in that price competition actually increases the cost of legal services. Goldfarb v. Virginia State Bar struck down price fixing by state and local bar associations, which one would assume creates decreasing prices, but it had the opposite effect and legal fees have skyrocketed since.Specifically, prices would fall as competition from incumbent firms and new entrants intensifies
Maybe if states only required high school diploma we could staff a law firm with inept lawyers who merely rubber stamp copyright registrations for minimum wage. The issue with the legal market at the higher levels is that there is not price competition between lawyers for the best cases. You don't see Supreme Court litigation firms cutting their fees (with the exception of pro bono) just so they can be on a certain case. Instead it's a bidding war for the most talented lawyers. If Paul Clement can only argue x amount of cases, but x+5 companies want him to represent them, they're going to have a bidding war where 5 companies lose.
Legal services are not a fungible commodity, prices are relative to quality of service provided. Decreasing barriers to entry would only increase the availability of low quality legal services. But I still do not think that's true because you have 30-40% of graduates unemployed and they're not all going out and starting their own firm to compete against incumbent firms. Practicing law is a difficult task that takes experience before you can even reach the level of competency.
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- pancakes3
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Re: Barriers to Entry
there are so many bad arguments that it really makes you wonder why this guy decided to write tihs. extra confusing when it's just a rehash of a book he published back in 2011.
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Re: Barriers to Entry
False. Barriers to entry should not be reduced. I am now an attorney. They should be raised.
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Re: Barriers to Entry
I'm a practicing attorney, and I do not think there should be any barrier to entry. Corporate, compliance, risk management, tax, etc. should not require law school and there should be more flexibility to try different careers to find what most suits one's own interests rather than forcing 3 years and tuition on people and pigeonholing the whole field.
On the flipside, I have zero idea how courts work despite having gone to law school. There probably should be some sort of vocational training or entry exams for judicial proceedings.
On the flipside, I have zero idea how courts work despite having gone to law school. There probably should be some sort of vocational training or entry exams for judicial proceedings.
- unlicensedpotato
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Re: Barriers to Entry
You should be able to work as a lawyer as soon as you (i) pass a state bar (which should be reformed into a nationwide bar) or (ii) graduate from an ABA-accredited law school.
It baffles me that a law school graduate who hasn't passed the bar yet isn't "qualified" to represent a person in a divorce, but that person is qualified to represent herself pro se (i.e., no counsel is provided) if she just "reads up on the law."
If you can pass a state bar, you could give literally life-changing representation to a lot of individuals who are pro se right now. If you can pass the bar right out of high school or UG, you could provide those services very affordably.
It baffles me that a law school graduate who hasn't passed the bar yet isn't "qualified" to represent a person in a divorce, but that person is qualified to represent herself pro se (i.e., no counsel is provided) if she just "reads up on the law."
If you can pass a state bar, you could give literally life-changing representation to a lot of individuals who are pro se right now. If you can pass the bar right out of high school or UG, you could provide those services very affordably.
Last edited by unlicensedpotato on Thu May 26, 2016 2:56 pm, edited 1 time in total.
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Re: Barriers to Entry
False. The justice gap is being filled by LegalZoom, Modria, and these other technology companies
- unlicensedpotato
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Re: Barriers to Entry
Works for corp, like forming an LLC. Those pre-printed forms don't work particularly well for lit where the opposing side has paid counsel. This isn't even because those litigators are filing things that deviate dramatically from the form. It's because they know what the legal standards are and how a claim will be evaluated by a judge. How can you negotiate against them when you're pro se?joeyc328 wrote:False. The justice gap is being filled by LegalZoom, Modria, and these other technology companies
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Re: Barriers to Entry
These two issues are unrelated. If one side of an issue has a financial incentive to hire counsel then it is valuable enough where these technologyu services are not needed. Also if you are the defendant pro se in say a torts issue and you cannot afford counsel there is no point in suing you because you can't pay the plaintiff anyway.
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Re: Barriers to Entry
I actually like this. One or the other, not both.unlicensedpotato wrote:You should be able to work as a lawyer as soon as you (i) pass a state bar (which should be reformed into a nationwide bar) or (ii) graduate from an ABA-accredited law school.
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