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1 results

  • 15 - Rethinking “Our Bar Federalism”

  • from Part IV - New Frontiers
  • Edited by David Freeman Engstrom, Stanford University, California, Nora Freeman Engstrom, Stanford University, California
  • Book:
    Rethinking the Lawyers' Monopoly
    Published online:
    04 September 2025
    Print publication:
    18 September 2025, pp 348-369
    • Chapter
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  • Summary

    David Freeman Engstrom (Stanford) and Daniel B. Rodriguez (Northwestern) argue that current structure of American legal services regulation, known as “Our Bar Federalism,” is outdated. Fifty states maintain their own rules and regulatory apparatus for a legal profession and industry that are now national and multinational. This fragmented system is a key factor in the American civil justice system’s access-to-justice crisis, where restrictive state rules support the lawyers’ monopoly. With new legal services delivery models and AI, this scheme will seem increasingly provincial and retrograde. This chapter argues it’s time to rethink "Our Bar Federalism," and explore hybrid state-federal regulatory system.