Opinion | Eliminate the Bar Exam for Lawyers

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From WSJopinion: The poor and dispossessed pay the price for America’s elitist legal system, writes Clifford Winston

Potomac Watch: Democrats cast aside concerns over mail-in and absentee ballots this week to vote for H.R.1, surrendering the right of their own states to set election rules. Image: Lenin Nolly/Zuma WireThe legal profession regulates itself—which explains how lawyers get away with practices that pad their own earnings and block nonlawyers from selling competing services at lower prices.

Congress may soon strengthen the antitrust enforcement powers of the Biden administration’s Justice Department. The department should use those powers to eliminate the American Bar Association’s monopoly in determining what constitutes an acceptable legal education and state licensing requirements, which restrict the supply of lawyers.

Prospective lawyers generally graduate from an ABA-accredited three-year law school before taking a state bar examination to obtain a license to practice law. However, many people who are interested in and capable of providing legal services cannot afford the high tuition and opportunity cost of not working for three years and paying to obtain a law degree.

Limits on the supply of lawyers are reflected in prices. A simple contract can run $1,500, which most people cannot afford. One study by the National Center for State Courts found that 75% of civil matters in major urban areas had at least one self-represented party, and these parties are less likely to prevail in court without proper legal help. Others who can’t afford legal assistance end up stuck in horrific circumstances that ought to be criminal matters, such as domestic violence.

Eliminating both the ABA’s monopoly control of legal education and states’ licensing requirement would allow alternative legal education programs to flourish, including vocational and online courses that could be completed in less than a year and college programs that offer a bachelor’s degree in law. Graduates of those programs could expand the availability of effective, low-cost civil legal services.

 

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opinion What are Clifford’s thoughts on Med schools and boards, and residency and fellowships or is BrookingsInst think that healthcare system works great. How about using antitrust to eliminate the AMA or AAMC?

opinion “Limits on the supply of lawyers are reflected in prices” 🤨🧐 OR, prices indicate significant demand for good lawyers...smdh

opinion I like the word elite. I asked God for elite behavioral and mental/physical health care and protection. I also asked God for a positive financially secure future. Tucson, Arizona is nasty when thinking about Tucson Unified School District, child care, illegal drug trafficking.

opinion My issue is lawyers regulating themselves. It’s a racket. At least in my recent and ongoing experience with the family law wing in Alberta. It’s a disgrace.

opinion What President Trump had to do with this topic, existed only in the mind of the writer. beyond all that, lawyers that can't pass the bar exam is just what this country needs. FTR- the poorest of the poor people will be hurt,worse much,worse. drivel.

opinion Let's eliminate tests for Medical students and see how it goes. Perhaps we should expect less from airline pilots or ships captains. Hey...here's an idea. In order to not disenfranchise the poor, let's put an end to drivers tests!

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