Analysis On “Clifford Winston and Robert Crandall: Time to Deregulate the Practice of Law”
January 24th, 2012 by admin
Peter, I understand your point about rent seeking. The cost of school inherently regulates output for many professions. There are way too many lawyers graduating and being certified for either the available steve jobs drugs or work demand. People are suing their schools over that (ridiculous).
Rent seeking is not the reason lawyers and doctors are regulated.
People can look out for themselves to the extent that they know what they need. I’m a contract attorney who represents people who start their own businesses. People in this class are bright and good with language and very motivated to know what they need in a contract. They do pretty well coming up with language to cover the basic sections they need. It’s the sections they don’t think of including (right to terminate half-way if they don’t get paid, no obligation to re-perform the work at no charge, etc) that really cost them. Most of my clients come in because they have botched a contract they did themselves and are hurting with a bad outcome.
Florist licenses are absurd. Legal and medical services are complex. The cost of bad outcomes in legal and medical services can be huge. The cost of an ugly flower arrangement ($0? You get your money back?) It’s obvious if you have a bad flower arrangement. It’s not obvious if you have the wrong pour-over trust for your estate and your heirs, or the wrong operation for your liver.
The costs for giving the wrong service for the legal or medical customer are latent and not patent and the cost of having people look out for themselves in complex service situations are probably not acceptable to society as a whole. They are never acceptable (after the fact) to the person whose life is ruined.
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