1) A common moral and professional code
2) Credential portability through standards
3) A "minimum threshold" of competence
I suspect that it is the first thing that Texas objects to. There's probably a specific flavor of *-ism they want to allow their lawyers to practice. That said, you can already get into law via apprenticeship or reading in CA, VA, VT, WA. It's not the end of the world.
Perhaps, but the piece they are actually acting directly against is the 2nd (perhaps the 3rd, but that is itself really part of the 2nd, rather than an independent thing.)
And the ABA Model Rules of Professional Conduct and Model Code of Judicial Conduct—which presumably are largely what you are referring to by the first—are just what the names say: models; each jurisdiction adopts its own actual rules for these things.
> That said, you can already get into law via apprenticeship or reading in CA, VA, VT, WA.
And in at least some states, also through non-ABA law schools, though there may be additional state requirements in that case (which may also apply to the apprenticeship/reading—two different names for the same thing, not two different options—option where that is available in the same jurisdiction; e.g., in California the First Year Law Students exam is required for both those reading for the law and those attending non-ABA law schools.)
Sure, but because the schools must be ABA approved that means the ABA gets to decide that schools omitting those codes don't get approved... doesn't it? That was my assumption anyhow.
> which may also apply to the apprenticeship/reading—two different names for the same thing, not two different options
I never realized that. Thanks!
I spoke with a VP of a state bar association who described chronic, widespread lawyer shortages, constant attrition in the pool of eligible judicial appointees, a growing backlog of cases (compounded by the effects of COVID) with trial dates many years in the future, declining law school graduations, and declining projected law school enrollment. These conditions may not hold across every county and metro, but in a lot of places the system is buckling (citizens already waiting 5-6 years for a ruling on open-shut civil matters) because there’s so much more work than workers.
Exactly. Law isn't medicine, and there are so many law graduates that many of them can't even find work in the legal industry, and the earnings of many graduates are surprisingly low (the distribution is bimodal: https://www.nalp.org/salarydistrib).
Unfortunately too many here will reflexively believe some libertarian narrative of "professional organization limiting supply to drive salaries up," even when it doesn't apply.
I don’t think that this has has had the effect of driving up salaries, however.