- Attorneys in the United States and in every state of the United States are licensed to protect consumers of legal services from bad providers of legal services;
- Attorney regulation is, thus, help by the government to the consumers in pre-checking providers of legal services for their knowledge, skills and integrity;
- An attorney's license is proof of their minimally acceptable knowledge, skills and integrity necessary to provide legal services for the public;
- A license can only be given if the attorney passed the bar exam;
- An attorney will only be allowed to sit for a bar exam if he graduated from an ABA-accredited law school;
- since there is an overproduction of attorneys in the United States for paying jobs, and not enough paying clients, less capable law students want to pay for law school;
- since less capable students want to pay for law schools, law schools lower their standards and accept anybody who can line up the money to pay for law school - without any care what kind of providers of legal services law schools will be producing;
- as a result, since standards for admission were lowered by law schools, bar passage plummeted;
- since bar passage plummeted - ABA started to pluck accreditation, and the government started to stop giving loans for tuition of law schools for which ABA plucked accreditation;
- as a result of ABA's threat to pluck accreditation, and of the government to withdraw the lifeline of student loans upon which law schools, and law professors, exist, two law professors, both interested in preserving their livelihood, published an article where they claim that the main goal of law schools is now - gasp! - prepare law students for passing the bar exam.
"If the judges interpret the laws themselves, and suffer none else to interpret, they may easily make, of the laws, [a shredded] shipman's hose!" - King James I of England, around 1616.
“No class of the community ought to be allowed freer scope in the expression or publication of opinions as to the capacity, impartiality or integrity of judges than members of the bar. They have the best opportunities of observing and forming a correct judgment. They are in constant attendance on the courts. Hundreds of those who are called on to vote never enter a court-house, or if they do, it is only at intervals as jurors, witnesses or parties. To say that an attorney can only act or speak on this subject under liability to be called to account and to be deprived of his profession and livelihood by the very judge or judges whom he may consider it his duty to attack and expose, is a position too monstrous to be entertained for a moment under our present system,” Justice Sharwood in Ex Parte Steinman and Hensel, 95 Pa 220, 238-39 (1880).
case illustrates to me the serious consequences to the Bar itself of not
affording the full protections of the First Amendment to its applicants for admission.
For this record shows that [the rejected attorney candidate] has many of the
qualities that are needed in the American Bar. It shows not only that [the
rejected attorney candidate] has followed a high moral, ethical and patriotic
course in all of the activities of his life, but also that he combines
these more common virtues with the uncommon virtue of courage to stand by his
principles at any cost.
It is such men as these who have most greatly honored the profession of the
law. The legal profession will lose much of its nobility and its glory if it is
not constantly replenished with lawyers like these. To force the Bar to become a
group of thoroughly orthodox, time-serving, government-fearing individuals is to
humiliate and degrade it.” In
Re Anastaplo, 18 Ill. 2d 182, 163 N.E.2d 429
(1959), cert. granted, 362 U.S. 968 (1960), affirmed over strong
dissent, 366 U.S. 82 (1961), Justice Black, Chief Justice Douglas and Justice Brennan,
“Because the law requires that judges no matter how corrupt, who do not act in the clear absence of jurisdiction while performing a judicial act, are immune from suit, former Judge Ciavarella will escape liability for the vast majority of his conduct in this action. This is, to be sure, against the popular will, but it is the very oath which he is alleged to have so indecently, cavalierly, baselessly and willfully violated for personal gain that requires this Court to find him immune from suit”, District Judge A. Richard Caputo in H.T., et al, v. Ciavarella, Jr, et al, Case No. 3:09-cv-00286-ARC in the U.S. District Court for the Middle District of Pennsylvania, Document 336, page 18, November 20, 2009. This is about judges who were sentencing kids to juvenile detention for kickbacks.
"The legal profession must take great care not to emulate the many occupational groups that have managed to convert licensure from a sharp weapon of public defense into blunt instrument of self-enrichment". Walter Gellhorn, "The Abuse of Occupational Licensing", University of Chicago Law Review, Volume 44 Issue 1, September of 1976.