Lawyers should NOT do pro bono work.
The American Bar Association, a far-left organization for lawyers, encourages lawyers
to donate fifty hours of “service” to the “community” (including religious groups, poor
folks, civil rights organizations, etc). Many Americans think that this is a kind gesture of
the ABA, a sign that it cares about ensuring that legal services can be made available to as
many individuals as possible. Just the opposite is true. The American Bar Association is
committed to very high legal fees from now to eternity.
The American Bar Association provides accreditation for 200-member law schools in
America. This accreditation process reduces the flexibility of law schools because they are
required to spend money on things that they otherwise would choose not to spend money on
simply to please a committee of elite lawyers who are committed to high legal fees. Yes—
that is the secret of the American Bar Association: the main reason for its existence is to
make law school as expensive as possible, which reduces the supply of new lawyers, and
also ensures that lawyers must charge very high billable hours simply to recoup the cost of
The American Bar Association has been successful in its efforts to raise the wages of
attorneys. According to the Department of Labor, the median annual wage of all attorneys
was $110,590—and that’s in 2008! The results have not been so great for the consumers of
legal services, however. There is no free-market for legal services. Attorneys must go to law
schools, which are restricted and regulated by the state, and pass a bar exam that is regulated
by elite attorneys who are committed to restricting the supply of new attorneys. As a result,
attorneys can charge these inflated rates knowing that some organizations and individuals
will pay for it. However, a lot of individuals don’t get legal representation at all because they
can’t pay for the artificially high wages that attorneys charge.
1 in 9 Americans filing for bankruptcy do so without an attorney. Bankruptcy is
complicated and confusing, but Americans can’t afford an attorney because attorneys have
created a highly regulated monopoly. In California, 4.3 million individuals are self-represented!
67% of petitioners are self-represented. For individuals being evicted from a leased property,
90% are self-represented. In general, 80% of poor Americans who need civil legal aid receive
none at all. The American Bar Association believes that the only way to fix the problem that
they created (imposing high costs on those training to be lawyers and thus reducing the supply)
is to ask lawyers to work for free! This is immoral for several reasons.
For one thing, by asking lawyers to provide their services for free, it creates the artificial
image that the legal profession “cares” (is altruistic) towards the public and actually places the
needs of “the public” over the needs of the legal profession. This is false and evil. Why would
law students accept $100,000 or more in debt in order to provide free legal services to the public?
Like any other valuable product or service, you get what you pay for. The public should
not expect any “free” legal services from attorneys. In other industries, people don’t expect
freebies. Accountants don’t work for free. Neither do engineers. The only way to ensure that
individuals can afford legal services is to liberate the profession such that it has a real market for
its services, rather than the artificial supply dislocation that has transpired for decades. Instead,
we only need to look to why the high prices exist in the legal profession rather than try to create
a “band aid” by ignoring where the genuine problems arise.
Legal services are highly regulated at every possible level. Law schools seek the
prestigious “American Bar Association” approval, but in doing so, the schools lose the flexibility
to run their school in a manner that reflect the best judgment of the management of that law
school. For instance, the American Bar Association regulates how many minutes of instruction
time a student must endure prior to graduation; the amount of time spent in school (two years is
the minimum number of years) required to get a JD; a ban on outside employment for more than
20 hours per week; regulation of distant learning courses; etc, etc. Further, the state bar
association of every state in the union requires that law graduates pass a bar exam which asks
questions that are completely unrelated to the type of questions that attorneys are likely to
encounter in the legal profession. There is no evidence whatsoever that such tests ban
incompetent individuals from the practice of law. All of these factors discourage individuals
from applying to law school, force out students who are discouraged by the process, and bans
perfectly capable individuals from the practice of law who are unable, for one reason or another,
from passing a bar exam. A better answer would be to allow any individual to practice law,
especially civil law, but to inform clients of their level of education and experience in handling
the matter in question. Not every part of the law is complicated or impossible for a novice to
figure out. A lot of legal matters are routine and should not require a law degree. Deregulation
worked for the airline industry, and it will work wonders for the legal profession. Let’s try it.