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69 Mo. L. Rev. 299 (2004)
Lawyers as Lawmakers: A Theory of Lawyer Licensing

handle is hein.journals/molr69 and id is 309 raw text is: MISSOURI LAW REVIEW VOLUME 69 SPRING 2004 NUMBER 2 Lawyers As Lawmakers: A Theory of Lawyer Licensing Larry E. Ribstein ABSTRACT Existing explanations of lawyer licensing focusing on the need to ensure lawyer quality are unconvincing. A license to practice is a dubious signal of quality, the licensing requirement restricts the availability of legal services, and state licensing is subject to political capture by lawyers. These criticisms of lawyer licensing laws are increasingly important as the current system is threatened by changes in the legal services market and increased federal regulation of the legal profession. It is, therefore, time to reexamine the theory underlying the state licensing system. This Article provides an alternative rationale for state licensing requirements. Lawyer licensing encourages lawyers to participate in lawmaking by capitalizing the benefits of their law-improvement efforts in the value of the law license. In other words, the license gives lawyers a kind of property right in state law. State competition gives lawyers an incentive to favor welfare- maximizing state laws that make the state attractive as a location for businesses and as a forum for litigation. This theory has important implications for both federalism and the scope and nature of lawyer licensing requirements. * Richard W. and Marie L. Corman Professor of Law, University of Illinois College of Law. I owe a particular debt to Bruce Kobayashi. Thanks for comments by Tom Ginsburg, Klaus Heine, Bruce Johnsen, Dean Lueck, Geoffrey Miller, Erin O'Hara, Richard Painter, Eric Rasmussen, Roberta Romano and participants at workshops at the American Law & Economics Association Annual Meeting, George Mason University Law School, University of Illinois College of Law and Kelley School of Business, Indiana University. Valuable research assistance was provided by Sheila Hathi and Brett Pyrdek.

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