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Licensing Lawyers: Failure in the Provision of Legal Services

In: The Pursuit of Justice

Author

Listed:
  • Adam B. Summers

Abstract

The legal profession, like so many others these days, is heavily regulated. Not just anyone can call him/herself a lawyer and offer legal services to the public. In every state in the nation, one must first obtain a license from the state. Requirements may include passing the state bar examination, membership in the state bar association, completing an approved formal legal education, paying various fees, satisfying a “moral character” determination, passing the Multistate Professional Responsibility Exam, and earning a certain minimum number of Continuing Legal Education credits after initial admission to the bar. In many states, to qualify as a lawyer, one must incur the costs of attending a law school accredited by the American Bar Association (ABA) just to be eligible to sit for the bar exam. Other regulations include restrictions on the advertisement of legal services and a general lack of reciprocity, or allowing an individual who has satisfied the licensing laws of another state to practice without retaking the bar exam and satisfying other regulations in the new state. Past regulations included total bans on advertising and mandatory minimum fee schedules for legal services.

Suggested Citation

  • Adam B. Summers, 2010. "Licensing Lawyers: Failure in the Provision of Legal Services," Palgrave Macmillan Books, in: Edward J. López (ed.), The Pursuit of Justice, chapter 0, pages 235-254, Palgrave Macmillan.
    • Handle: RePEc:pal:palchp:978-0-230-10949-0_12
    DOI: 10.1057/9780230109490_12
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