Tuesday, October 17, 2023

The world needs more lawyers

You may have heard the famous Shakespearean quote that goes something like "the first thing you do, kill all the lawyers" or something like that.  It is often used as an insult to the profession, suggesting that lawyers are scum and we should get rid of them.  

But a little research will teach you that in its proper context, the quote was used to suggest the opposite.  The suggestion to kill the lawyers was used by a character looking to cause chaos that would allow him to topple the government.  In other, words, we need lawyers to assure the proper functioning of society.

And, as a matter of fact, we could actually use more lawyers since anyone paying attention knows that the legal needs of huge numbers of people are not met.

So, it is interesting to note that a division (or "project") of the Federalist Society recently published a paper calling for regulatory reform in the legal profession.  The paper, called "The World Needs More Lawyers" is available here.

Its executive summary reads as follows:

The American legal profession, as well as those it serves, would benefit from lowering the barriers to entry to the practice of law. Several licensing barriers unnecessarily contribute to the high cost of legal services, which inhibit access to justice for ordinary Americans. In some respects, legal licensure is categorically distinct from the licensure of other highly regulated professions. This suggests that a particular focus on legal licensure may be appropriate. We therefore explore the implications of modest reforms that would advance the public interest, with an eye to the encouragement of competitive markets in legal services, and the protection and preservation of the fiduciary nature of legal services.

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