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14 Docket Call 1 (1979-1980)

handle is hein.journals/dcktcll14 and id is 1 raw text is: SECTION OF GENERAL..PRACTICE AMERICAN BRASSOCIATION *VOL XIV * NO. 1* SPRING 1979 are we heading toward federal regulation of the legal profession? Marc A. Comras* I suspect the title of my presentation is a shocker to most segments of the bar. To traditionalists it represents an unthinkable threat to the professional autonomy and self-discipline of the bar. To state bar officials it may sound like federal arrogance to be defended against under the inherent and benign right of the state to regulate its own bar. To activists and radicals in the bar it represents a likely prospect of overreaction that will only stall movements for need- ed reform in red tape and the ponderous bureaucratic machinery. Federal regulation of anything is an awesome thing, suggesting the creation of yet another mon- umental building in Washington adorned by impres- sive shields and symbols. This one would probably be called the Federal Bar Regulatory Commission, or for short, FEBARECOM-thousands of 9-to-5 federal employees moving in and out digesting reports of lawyers' advertising, and issuing detailed regulations as to clients' rights and lawyers' obligations. That, of course, is a grotesque exaggeration. I in no way propose that the practice of law should or can be regulated in a fashion similar to the securities in- dustry or banking, or other regulated segments of the economy. I must state that I speak only as a staff member of the Federal Trade Commission. My views * Marc A. Comras served until mid-January as managing attorney of the Federal Trade Commission's Alternative Legal Delivery Systems Investigation in Boston. At that time, the probe was moved to the FTC's Cleveland office. The remarks here, based on an address to the ABA Commis- sion on Advertising, are reprinted with permission from Bar Leader, March-April 1979 issue. Copyright @ 1979 American Bar Association are my own and do not necessarily reflect FTC policy nor the views of any of its members or other officials. What I am suggesting is that there are winds of change in the legal profession. Indeed there are in- dications of change that may go to the very roots of our legal system and have profound implications for the traditional dispute settlement process. The federal government, in one way or another, is likely to have a role in these changes. ftc activities Let me proceed a little more narrowly by telling you what my agency-the Federal Trade Commission-is doing and how our immediate activities may relate to the interests of the bar. Several years ago the FTC began looking at the ways by which state regulation might be inhibiting competition in various occupational areas. One of the early results of this activity was a report condemning activities by state-sanctioned licensing boards that prevented price advertising of prescription drugs by pharmacists. More recently the commission issued a Trade Regulation Rule against state prohibitions on price advertising for prescription eyeglasses. A number of similar investigations have been opened, involving the occupational licensing of vari- ous professional activities by the states. This work is being done largely through the commission's region- al offices, resulting in major investigations being conducted from FTC regional offices throughout the country. These include dentists-San Francisco; vet- eri narians- Denver; real estate brokers-Los Ange- les; accountants-Chicago; and lawyers- Boston. continued on page 17 Produced by the ABA Press

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