Defying the Laws of Common Sense

Why Lawyers Cost So Much

by Sean Carter
02/01/03

Today, scientists all over the world are looking for black holes in outer space. According to theory, a “black hole” is an object of such density that the laws of physics do not apply to it. However, scientists need not look into outer space for black holes because we have one right here in America. It’s called the legal system.

In the “black hole” of our legal system, the laws of logic and common sense are more often ignored than the advice from Rosie O’Donnell’s nutritionist. In fact, even the basic laws of economics do not apply to our legal system.

Take, for instance, the law of supply and demand. Now, according to the paper of the person sitting next to me during my Economics 101 exam in college, the law of supply and demand dictates that the price of a service should fall as the supply of that service increases.

During the last 20 years, the number of lawyers has increased dramatically. In fact, the American Bar Association estimates that there are now almost one million lawyers in America. With this massive “supply” of lawyers, economic theory would dictate that the price of legal services would have decreased. However, as we all know, the quickest way to kill a good theory is to put it into practice – the practice of law.

The reality is that most people are priced out of the market for legal services. In many cities, lawyers charge anywhere from $200 to $800 per hour for their services. For many people, an hour of legal services is equal to a month’s rent or a car payment. As a result, people tend to avoid lawyers as if they were … well, lawyers.

However, the truth of the matter is that individual lawyers are not blame for this problem. The blame lies with state bar associations that artificially increase the costs of legal services by imposing ridiculous restrictions on those who may practice law.

For instance, most states require lawyers to complete four years of college, three years of law school and pass a rigorous bar examination. A college education and a law school degree can cost as much as $200,000 today. Therefore, by the time the average person becomes licensed to practice law, he is more in debt than a former prize fighter, only far more articulate.The only way that a lawyer can repay up to $2,000 per month in school loan payments is to charge higher rates to his clients.

This does not present a problem for corporations because they simply pass those costs right along to the consumer (i.e., you). However, what about the poor couple who needs help buying a home or drafting a will? Should they be required to sell crack from their front porch to pay their legal fees?

This is particularly silly in light of the fact that people without law degrees could competently perform many common legal functions. Take, for instance, a standard Chapter 7 bankruptcy filing. It does not require seven years of school and $200,000 of debt to complete this form. In fact, paralegals can (and often do) fill out these forms for a fraction of the cost. The same is true for most wills, trusts and uncontested divorce filings.

However, many state bar associations will have no part in such a reasonable alternative. Several states have brought criminal actions against paralegals and other non-lawyers for the “unauthorized practice of law.” In some cases, people have actually gone to jail for this “crime.”

Now, perhaps it’s just me, but isn’t this a little harsh? After all, we don’t even jail people who attempt to shoplift $6,000 worth of merchandise from a department store by stuffing the merchandise underneath their hats, just to use a “hypothetical” example. Besides, what is a paralegal supposed to say to fend off a cellmate convicted of murder, arson and rape --“Don’t make me unlawfully practice law on you”?

Sadly, a recent ABA proposal would make the situation even worse. This proposal would extend the definition of “the practice of law” to possibly prevent real estate agents, accountants, and others from doing their jobs without the aid of a lawyer. Some suspect that the ABA’s initiative could even outlaw will preparation software and other legal computer products marketed to individuals.

In my view, this proposal is the equivalent of proscribing Viagra to Bill Clinton – it’s not only unnecessary but it makes the situation worse. The ABA needs to explore ways to make legal services more affordable not less so.

Now, out of fairness (and a desire to preserve my bar status in my home state of California), I understand that the state bar associations are just trying to protect the consumer from unqualified practitioners. But I think this could be done without forcing the average American into poverty.

Of course, this is just a “theory.”

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Sean is a practicing attorney who writes a weekly humor column on current legal events called "Lawpsided." Lawpsided pieces appear in a growing number of general circulation papers across the country, including The Los Angeles Times. Moreover, his musings on the law appear on nationally recognized websites, such as jewishworldreview.com, findlaw.com, newsmax.com and etherzone.com, and legal publications, such as The National Law Journal and The Los Angeles Daily Journal. Lastly, he is a regular contributor to national magazines like Razor and Tirade. If you would be interested in publishing this piece or seeing other samples of his work, please feel free to contact him by e-mail, by phone at (626) 786-2095, or through his website at:

www.lawpsided.com