Author: Josh King
-
UpSolve Delivers, and the Legal Monopoly Shrinks
Well, THAT was fast. It was only the end of January when UpSolve filed its lawsuit against New York and its overly-broad unlicensed practice of law — or “UPL” — law. I shouldn’t be…
-
The 11th Circuit Splits With Itself
So we know what a Circuit split is, right? Like where one circuit decides an important legal issue one way, and another circuit decides it in a contrary way? But what do you call…
-
Death Knell for UPL?
It’s FINALLY happening – a credible lawsuit taking on the lawyers’ monopoly on providing legal advice. I’ve long railed on the fundamental disconnect between the First Amendment’s expansive free speech guarantees and the fact…
-
Professional Speech Regulation, or a Story about a Man and a Horse
Back in 2015, I wrote about Ronald Hines, a Texas veterinarian who was sanctioned for providing veterinary advice without a license. Hines’ punishment was upheld largely because the Fifth Circuit determined that the a…
-
Streamlining “Admission on Motion”
So I was just admitted to the Arizona Bar. Before you break out the celebratory mezcal and tacos, let me note the decidedly low-key meaning of this milestone: I’m already licensed in California and…
-
11th Circuit: Strict Scrutiny for Professional Speech Ban
Counseling services designed to get people to change their sexual orientation or gender identity have a deservedly gross reputation. Grosser still is their predominant orientation toward children, who frequently aren’t the ones choosing to…
-
Attorney Speech Restriction Violates First Amendment
The tide is coming in on professional speech regulation. While we still don’t have an official “professional speech doctrine,” since the 2018 decision in NIFLA v. Becerra, the pace of cases considering – and…
-
Photography, Discrimination, and the Limits of Speech Regulation
Chelsey Nelson Photography v. Louisville, a federal District Court case decided in August, is our latest entrant in the slowly-expanding string of cases recognizing that strong First Amendment interests are at play when professional…
-
Gorsuch Weighs in on Legal Deregulation
There was a terrific access-to-justice piece in US Today last week, authored by former Colorado Supreme Court Justice Rebecca Love Kourlis and her fellow Coloradan, U.S. Supreme Court Justice Neil Gorsuch. Kourlis and Gorsuch…
-
Arizona Cuts Attorney Regulation
Following on the heels of Utah, Arizona has approved sweeping changes to its rules regulating the practice of law. Once again, I’m pleasantly surprised that a state bar has gone for what I’ve long…