Category Archives: Anti-Trust

The Corporate Response to Trump

I have been suggesting that the “public trust and confidence” analogy between public commitment to court processes and fairness and public politics process and fairness might be useful.  The idea is that we need to find the way to talk … Continue reading

Posted in Access to Justice Generally, Anti-Trust, Federal Agencies, Federal Courts, International Cooperation, Judicial Supremacy, Political Support, Supreme Court, White House

Nothing Ever Changes – Queen Elizabeth I Had To Intervene to Protect Against Professional Monopoly Over-Protection By Physicians

I am reading a wonderful book called The Gardens of the British Working Class.  It is one of those books that seems to be about what some would call a “little thing,” but is really about all of life.  The … Continue reading

Posted in Anti-Trust, Bar Associations, De-Regulation, History, Medical System Comparision, Non-Lawyer Practice, Systematic Change | 3 Comments

DOJ and FTC Weigh In on Exempting Websites from the Practice of Law

On June 16 of this year, North Carolina passed a law creating a limited carve-out from the definition of the practice of law for websites that met certain requirements.  The bill is here.  There has been robust critique of the … Continue reading

Posted in Alternative Business Structures, Anti-Trust, Bar Associations, De-Regulation, Dept. of Justice, Document Assembly, Federal Agencies, Forms, Non-Lawyer Practice, Plain Language, Rules Reform, Technology

Article on Incentives in Access to Justice

My paper on incentives in access to justice has now been published in the Georgetown Journal of Legal Ethics.  Here it is. Here is the full text of the abstract: Most of the current deregulation discussion focuses on permitting both … Continue reading

Posted in ABA, Access to Counsel, Alternative Business Structures, Anti-Trust, Bar Associations, Medical System Comparision, Middle Income, Mixed Model, Non-Lawyer Practice, Outcome Measures, Planning, Political Support, Poverty, Pro Bono, Referral Systems, Research and Evalation, Rules Reform, Self-Help Services, Simplification, Systematic Change, Tax Policy, Technology

The Risks Bars Face Unless They Approach Strategic Planning From a Public Interest Perspective

After recently being part of a focus group for a Bar, part of a strategic planning process, I have some thoughts that might be helpful for bars entering into this process. Since the US Supreme Court case of North Carolina … Continue reading

Posted in Anti-Trust, Bar Associations, Non-Lawyer Practice | 1 Comment

Supreme Court Decision on Teeth Whitening Regulation Has Interesting Implications for Bar Monopoly

Yesterday the US Supreme Court ruled in North Carolina Board of Dental Examiners v. Federal Trade Commission.  SCOTUS Analysis here.  Opinion here.  NYT here. The Times story: The Supreme Court on Wednesday ruled that a state dental board controlled by … Continue reading

Posted in Anti-Trust, Non-Lawyer Practice, Supreme Court | 1 Comment

Interesting Juxtaposition: ABA President Supports NonLawyer Practice While Supreme Court Explores Potential Anti-Trust Violation by Dentist Self-Regulation

Its news on its own that ABA President William Hubbard appears to have endorsed nonlawyer practive: As reported, at an ABA Young Lawyers Division meeting. . . Hubbard saluted the state of Washington, which was the first in the … Continue reading

Posted in Anti-Trust, Non-Lawyer Practice, Supreme Court

Pending Supreme Court Case Could Put Limits on Integrated Bar’s Ability to Limit NonLawyer Activities

David Udell points out this fascinating pending Supreme Court case, that had passed me by. On October 14, 2014, the Supreme Court is scheduled to hear North Carolina Board of Dental Examiners v. Federal Trade Commission, which raises the issue whether a … Continue reading

Posted in Anti-Trust, Legal Ethics, Non-Lawyer Practice