Saturday, September 2, 2017

Texas Supreme Court's "generous" permission for out-of-state lawyers - and an interesting revelation regarding the true reason for attorney regulation in the U.S.

The Texas Supreme Court magnanimously allowed out-of-state lawyers to provide services to Harvey victims - but only on a pro bono basis, and 



The Texas Supreme Court did not make a ruling for the in-state attorneys though restricting their ability to provide their services to the same Harvey victims to only pro bono.

Why is it so?

A prominent legal blog "Above the Law" explains it this way:



So, "I get the economics of out-of-state restrictions"?

"This State's bar can't have That State's lawyers flying in and scooping up all the legal work"?

So, the legal profession, in the face of a HUGE NATURAL DISASTER, that affected millions of people, is still insisting on their right to keep out outsiders who will simply charge less and provide better services - only allowing those who can afford the personal expense (travel, accommodation, being away from work and paying clients) of coming in and offering their services for free?

But, isn't occupational regulation of any profession in general, and attorney regulation in particular, imposed upon the American public (including in the State of Texas) as a way to PROTECT THE PUBLIC, not in order to protect in-state lawyers from out-of-state competition?

Yet, the disaster of Harvey and the spectacularly protective decision of the Texas Supreme Court, even in the face of this disaster, where ANYBODY will legal knowledge, with or without a license, willing to provide legal services, would be welcome, especially taking into account the amount of illiterate and poor people who would need legal help in the aftermath of the hurricane - reveals the true nature of attorney regulation.

Texas lawyers should be ashamed of its State Supreme Court, and should request to allow not only out-of-state lawyers, but non-lawyers, too, law students, people with law degrees, but without licenses, to be able to help in the aftermath of Harvey - for a minimal pay or without pay. 

And, if Harvey victims should be helped pro bono (which I am totally ok with), the Texas Supreme Court should allow help through the Internet to such people from anywhere in the world, from people with knowledge of the English language and legal knowledge, and should impose the pro bono requirement on such help universally, to every person serving such victims - without regard whether the person is a licensed attorney or not, an in-state attorney or not.

That would serve the purpose of serving the victims of the hurricane, and protecting the public from those who would want to gouge on people's misfortune - wouldn't it?




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