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First Thing We Do, Let's Deregulate All the Lawyers, by Clifford Winston, Robert W. Crandall, Vikram Maheshri
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Not many Americans think of the legal profession as a monopoly, but it is. Abraham Lincoln, who practiced law for nearly twenty-five years, would likely not have been allowed to practice today. Without a law degree from an American Bar Association–sanctioned institution, a would-be lawyer is allowed to practice law in only a few states. ABA regulations also prevent even licensed lawyers who work for firms that are not owned and managed by lawyers from providing legal services. At the same time, a slate of government policies has increased the demand for lawyers' services. Basic economics suggests that those entry barriers and restrictions combined with government-induced demand for lawyers will continue to drive the price of legal services even higher.
Clifford Winston, Robert Crandall, and Vikram Maheshri argue that these increased costs cannot be economically justified. They create significant social costs, hamper innovation, misallocate the nation's labor resources, and create socially perverse incentives. In the end, attorneys support inefficient policies that preserve and enhance their own wealth, to the detriment of the general population.
To fix this situation, the authors propose a novel solution: deregulation of the legal profession. Lowering the barriers to entry will force lawyers to compete more intensely with each other and to face competition from nonlawyers and firms that are not owned and managed by lawyers. The book provides a much-needed analysis of why legal costs are so high and how they can be reduced without sacrificing the quality of legal services.
- Sales Rank: #2384925 in Books
- Brand: Brand: Brookings Institution Press
- Published on: 2011-08-11
- Original language: English
- Number of items: 1
- Dimensions: 8.90" h x .50" w x 6.00" l, .40 pounds
- Binding: Paperback
- 110 pages
- Used Book in Good Condition
Review
"This is a sobering, intelligent, controversial examination of the role lawyers play in the national economy. Although I disagree with some of the authors' assumptions and conclusions, the brilliance of their analyses cannot be disputed."—Thomas A. Mesereau Jr., Partner, Mesereau & Yu, LLP, Los Angeles; the lawyer who won the Michael Jackson criminal case
About the Author
Clifford Winston is a senior fellow in the Brookings Institution Economic Studies program. Robert W. Crandall is a nonresident senior fellow in Economic Studies at Brookings. Vikram Maheshri is an assistant professor at the University of Houston.
Most helpful customer reviews
0 of 0 people found the following review helpful.
I am grateful that the authors put this topic on ...
By Tatiana Neroni
I am grateful that the authors put this topic on the table. It is overdue to deregulate the legal profession and eliminate monopoly for court representation. Not only regulation by the judiciary stifles attorneys from being able to independently and zealously challenge misconduct of that same judiciary, which is proliferant, egregious and unaccountable, but regulation of attorneys by attorneys is not protecting consumers, it only protect the monopoly in the market, with respective high prices, for the legal establishment. Attorney misconduct by high-ranking attorneys, politically connected attorneys, prosecutors, judges, attorneys working in other branches of the government, attorneys who are friends, relatives or members of personnel of judges are beyond the reach of the attorney disciplinary systems. Consumers are not represented nearly at all on the disciplinary boards, and those consumers who are on the disciplinary boards are wealthy, well educated and do not represent the 80% of consumers of legal services who cannot afford an attorney and who would be really hurting if yet another independent criminal defense attorney, or an independent attorney working in a family court, in a surrogate's court, in civil rights cases will be eliminated by the old boys club behind closed doors. On February 25, 2015, the U.S. Supreme Court has made a decision stripping of immunity North Carolina dentists who are regulating dentists without statutory authority or state oversight of their anti-competitive activities. I hope that application of that case to the legal profession in the U.S. will spell the death of it, the way it exists today.
Thank you for the book, and thank you for the insight expressed in that book. It is well appreciated.
0 of 1 people found the following review helpful.
Right but repetitive
By J. Davis
I agree completely with Winston's thesis: the supply of lawyers is kept artificially low by ABA licensing requirements. Having said that, I have some reservations about recommending the book. It is brief,very repetitive and it is written is a stiff, formal academic tone. It could have been condensed into a long magazine article without losing the main argument.
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