Regulating the Legal Profession

Approximately 1.33 million lawyers hold active licenses in the United States. The U.S. Bureau of Labor Statistics projects that employment in the legal profession will continue to grow at a steady pace in the years leading up to 2030. Also, recent market data show that the number of open attorney positions at law firms has increased by 150 percent since the onset of the pandemic. Because of the ever-changing and ever-growing nature of the legal profession, many legal experts question the continuing efficacy of the entrenched regulatory model. The United States lacks a nationwide structure for regulating lawyers. Rather, in conjunction with state bar associations, state supreme courts regulate attorneys who are licensed to practice. Typically, individuals must possess a law degree and consequently pass a state-level bar exam to obtain a license to practice law. Ethical principles play a key part in the construction of lawyer regulations. The American Bar Association (ABA), a voluntary bar association that represents lawyers and law students across the United States, adopted the Model Rules of Professional Conduct in 1983. Since then, many states have incorporated these rules into their own legal codes to govern lawyer ethics within their respective jurisdictions. Critics of the self-regulatory model for lawyers argue that the scheme contributes to problems with individuals’ access to legal services because it conflates the practice of law with the delivery of legal work. According to advocates of access to justice initiatives, the wide swath of people who are not served by the legal system indicates a systemic issue in the regulation of the profession. Due to the unmet need for legal professionals in underserved communities, access to justice champions support loosening regulations to serve more individuals. On the other side of the argument, advocates of restricting the practice of law to authorized individuals fear that the involvement of unauthorized persons will “interfere with the proper administration of justice.” Many states, however, permit nonlawyers with a license to dole out legal advice. In this week’s Saturday Seminar, experts identify and address potential areas of improvement in the regulation of individuals in the legal profession