Rent-Seeking Dentists, and “the Practice of Law”

Really interesting article in the Seattle Times this morning about how our state’s dentists have successfully (so far) blocked Washington residents from having access to dental therapists. These therapists (who are licensed in the states that allow them) are akin to physician assistants; they can perform a wide range of basic dental care procedures. And as… Continue reading Rent-Seeking Dentists, and “the Practice of Law”

$5 Consults and the Unauthorized Practice of Law

Keith Lee has an excellent post breaking down the “legal consultations” offered through Fiverr, a  website that offers all sorts of services, provided by marketplace sellers, for a flat five dollars apiece. Anyway, Keith identifies a number of problematics with Fiverr’s “legal consultations,” for both lawyers, potential clients, and Fiverr itself. You should read Keith’s… Continue reading $5 Consults and the Unauthorized Practice of Law

More Thoughts on “The Practice of Law” (Part 1)

A recent federal case out of New York provides an interesting look at a subject I’ve written about a number of times: what, exactly, IS “the practice of law?” It’s a deceptively simple question. For many lawyers, the answer is “anything I work on that’s related to the law.” And even some federal judges: to… Continue reading More Thoughts on “The Practice of Law” (Part 1)

Advice, and “the Practice of Law”

After posting about occupational licensing and the first amendment, and the Texas court decision regarding the dispensing of veterinary advice online, I’ve distilled a few thoughts on where I see the (uneasy) line between lawyer licensing and free speech rights: Providing advice is a form of expression, protected by the First Amendment. The fact that… Continue reading Advice, and “the Practice of Law”

3 Ways to Tweak the Lawyer Regulatory Rules Now

I’ve previously written about my “wish list” for structural change to the rules regulating the practice of law. I’ve also gone more granular on how the ABA’s proposal to modify the attorney advertising rules could be greatly improved. There are also several other areas of the Rules of Professional Conduct that could be changed to make… Continue reading 3 Ways to Tweak the Lawyer Regulatory Rules Now