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The cost of law: Promoting access to justice through the (un)corporate practice of law

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  • Hadfield, Gillian K.

Abstract

The U.S. faces a mounting crisis in access to justice. Vast numbers of ordinary Americans represent themselves in routine legal matters daily in our over-burdened courts. Obtaining ex ante legal advice is effectively impossible for almost everyone except larger corporate entities, organizations and governments. In this paper, I explain why, as a matter of economic policy, it is essential that the legal profession abandon the prohibition on the corporate practice of law in order to remedy the access problem. The prohibitions on the corporate practice of law rule out the use of essential organizational and contracting tools widely used in most industries to control costs, improve quality and reduce errors. This keeps prices for legal assistance high by cutting the industry off from the ordinary economic benefits of scale, data analysis, product and process engineering and diversified sources of capital and innovation. Lawyers operating in law firms have not generated these benefits but they have appeared in countries, such as the U.K., where the corporate practice of law doctrine does not prevail. Eliminating restrictions on the corporate practice of law can significantly improve the access ordinary Americans have to legal help in a law-thick world.

Suggested Citation

  • Hadfield, Gillian K., 2014. "The cost of law: Promoting access to justice through the (un)corporate practice of law," International Review of Law and Economics, Elsevier, vol. 38(S), pages 43-63.
    • Handle: RePEc:eee:irlaec:v:38:y:2014:i:s:p:43-63
    DOI: 10.1016/j.irle.2013.09.003
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    1. Guinnane, Timothy & Harris, Ron & Lamoreaux, Naomi R. & Rosenthal, Jean-Laurent, 2007. "Putting the Corporation in its Place," Enterprise & Society, Cambridge University Press, vol. 8(3), pages 687-729, September.
    2. Pauline M. Ippolito & Alan D. Mathios, 1990. "Information, Advertising and Health Choices: A Study of the Cereal Market," RAND Journal of Economics, The RAND Corporation, vol. 21(3), pages 459-480, Autumn.
    3. Ippolito, Pauline M & Mathios, Alan D, 1995. "Information and Advertising: The Case of Fat Consumption in the United States," American Economic Review, American Economic Association, vol. 85(2), pages 91-95, May.
    4. Jonathan Levin & Steven Tadelis, 2005. "Profit Sharing and the Role of Professional Partnerships," The Quarterly Journal of Economics, President and Fellows of Harvard College, vol. 120(1), pages 131-171.
    5. Edward M. Iacobucci, 2012. "Reputational Economies of Scale, with Application to Law Firms," American Law and Economics Review, American Law and Economics Association, vol. 14(1), pages 302-329.
    6. Jensen, Michael C. & Meckling, William H., 1976. "Theory of the firm: Managerial behavior, agency costs and ownership structure," Journal of Financial Economics, Elsevier, vol. 3(4), pages 305-360, October.
    7. Garoupa, Nuno, 2014. "Globalization and deregulation of legal services," International Review of Law and Economics, Elsevier, vol. 38(S), pages 77-86.
    8. Fama, Eugene F & Jensen, Michael C, 1983. "Separation of Ownership and Control," Journal of Law and Economics, University of Chicago Press, vol. 26(2), pages 301-325, June.
    9. Herbert M. Kritzer, 2008. "To Lawyer or Not to Lawyer: Is that the Question?," Journal of Empirical Legal Studies, John Wiley & Sons, vol. 5(4), pages 875-906, December.
    Full references (including those not matched with items on IDEAS)

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