Comments on: Thoughts on the Economics of Lawyer Licensing http://www.truthonthemarket.com/2006/05/10/thoughts-on-the-economics-of-lawyer-licensing/ Academic commentary on law, business, economics and more Fri, 19 Mar 2010 20:08:11 -0700 http://wordpress.org/?v=2.8.5 hourly 1 By: eesti http://www.truthonthemarket.com/2006/05/10/thoughts-on-the-economics-of-lawyer-licensing/comment-page-1/#comment-144797 eesti Wed, 22 Jul 2009 17:49:05 +0000 http://www.truthonthemarket.com/2006/05/10/thoughts-on-the-economics-of-lawyer-licensing/#comment-144797 I wonder why I didn't see it in my post! I wonder why I didn’t see it in my post!

]]> By: Peter http://www.truthonthemarket.com/2006/05/10/thoughts-on-the-economics-of-lawyer-licensing/comment-page-1/#comment-2101 Peter Thu, 11 May 2006 22:20:37 +0000 http://www.truthonthemarket.com/2006/05/10/thoughts-on-the-economics-of-lawyer-licensing/#comment-2101 I would argue that licensing (for virually any profession proves next to nothing). Would you trust a freshly minted doctor with your heart bypass surgery? Perhaps some recent law school graduate can handle your complex commercial lawsuit? Or, perhaps, people are smarter than that and look to other factors (like board certification, lots of practice in a given specialty, etc.). A license provides none of this information. For pete's sake, Louisiana requires licensing for florists. What are we protecting the public from? Don't most licensing laws get their initial push from those to be licensed, as a way to restrict competition? Peter I would argue that licensing (for virually any profession proves next to nothing). Would you trust a freshly minted doctor with your heart bypass surgery? Perhaps some recent law school graduate can handle your complex commercial lawsuit?

Or, perhaps, people are smarter than that and look to other factors (like board certification, lots of practice in a given specialty, etc.). A license provides none of this information.

For pete’s sake, Louisiana requires licensing for florists. What are we protecting the public from? Don’t most licensing laws get their initial push from those to be licensed, as a way to restrict competition?

Peter

]]> By: Josh http://www.truthonthemarket.com/2006/05/10/thoughts-on-the-economics-of-lawyer-licensing/comment-page-1/#comment-2100 Josh Thu, 11 May 2006 21:10:05 +0000 http://www.truthonthemarket.com/2006/05/10/thoughts-on-the-economics-of-lawyer-licensing/#comment-2100 Taavi, I agree whole heartedly that empirical data should take center stage in this debate. As I refer to in the post, there are some empirical studies exploiting state variation in UPL laws and licensing requirements. I will try to track down some cites and take a look at these. I would not be surprised if, as you allude to, there were interesting international data as well. Taavi, I agree whole heartedly that empirical data should take center stage in this debate. As I refer to in the post, there are some empirical studies exploiting state variation in UPL laws and licensing requirements. I will try to track down some cites and take a look at these. I would not be surprised if, as you allude to, there were interesting international data as well.

]]> By: Taavi http://www.truthonthemarket.com/2006/05/10/thoughts-on-the-economics-of-lawyer-licensing/comment-page-1/#comment-2097 Taavi Thu, 11 May 2006 15:28:35 +0000 http://www.truthonthemarket.com/2006/05/10/thoughts-on-the-economics-of-lawyer-licensing/#comment-2097 I wonder why those discussions rarely (if ever) refer to empirical studies on what the consequences of having no lawyer licensing actually are (as opposed to what the consequences might be). There must be both historical and comparative information out there. Lawyer licensing has not been out there forever in the U.S.? Comparatively, Estonia, for example, had a very relaxed lawyer licensing system for a very long time after getting independence in 1990s: you could call yourself an "advokaat" only if you had passed an exam administered by the body of other "advokaats"; but you could still practice law (including offer legal advice, appear in court) without this exam, or actually without any legal background such as law school whatsoever. You just had to call yourself a "legal consultant" or similar. The theoretical arguments are interesting, but they would be much more interesting if empirical information was attached to it. I wonder why those discussions rarely (if ever) refer to empirical studies on what the consequences of having no lawyer licensing actually are (as opposed to what the consequences might be). There must be both historical and comparative information out there. Lawyer licensing has not been out there forever in the U.S.? Comparatively, Estonia, for example, had a very relaxed lawyer licensing system for a very long time after getting independence in 1990s: you could call yourself an “advokaat” only if you had passed an exam administered by the body of other “advokaats”; but you could still practice law (including offer legal advice, appear in court) without this exam, or actually without any legal background such as law school whatsoever. You just had to call yourself a “legal consultant” or similar. The theoretical arguments are interesting, but they would be much more interesting if empirical information was attached to it.

]]> By: Josh http://www.truthonthemarket.com/2006/05/10/thoughts-on-the-economics-of-lawyer-licensing/comment-page-1/#comment-2089 Josh Thu, 11 May 2006 02:04:15 +0000 http://www.truthonthemarket.com/2006/05/10/thoughts-on-the-economics-of-lawyer-licensing/#comment-2089 Congrats John! Congrats John!

]]> By: John Jenkins http://www.truthonthemarket.com/2006/05/10/thoughts-on-the-economics-of-lawyer-licensing/comment-page-1/#comment-2087 John Jenkins Wed, 10 May 2006 23:41:47 +0000 http://www.truthonthemarket.com/2006/05/10/thoughts-on-the-economics-of-lawyer-licensing/#comment-2087 As someone who just completed his last law school final, I would like to say, "Yay barriers to entry!" As someone who just completed his last law school final, I would like to say, “Yay barriers to entry!”

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