The "Irreverent Lawyer" blog recently commented on the state bars' "underwhelmed" reaction to the antitrust decision of the U.S. Supreme Court that affects attorney regulation.
What the blog does not say though is that the so-called "underwhelmed" reaction of the states to the antitrust decision of the U.S. Supreme Court is in fact ongoing defiance of the states in asserting, under the guise of protecting the public, that regulation of the legal profession can be done only by the legal profession itself, which is what the U.S. Supreme Court said is in violation of the Sherman Act without immunity.
That means, attorney regulations in all states that did not change their regulatory schemes from the disciplinary boards/ committees run by market participants (attorneys) without active state supervision by a NEUTRAL state body (go find it for attorneys), are in violation of federal antitrust laws (laws that, by the way, have both civil provision with a right of a private cause of action with treble damages, and a criminal component).
Anyway, the blog is a piece worth reading, together with the interlinked documents.
Especially in New York, where Chief Judge Lippman, on the steps of retirement, announced "new" attorney disciplinary rules that, while rearranging the chairs on Titanic's deck some more, violate antitrust laws as much as the previous rules did.
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