THE POINT In February of this year the American Bar Association took action that illustrates how attorneys’ views of their “ethics” rules can have the effect of shutting down innovation in the delivery of legal services, thereby protecting their incomes from unwanted competition. DISCUSSION It’s impossible to prove what someone…
The Point The chief clinical officer of a 51-hospital system: “We are now leveraging telehealth technology in ways that will last long after this pandemic.” “The severity and suddenness of the Covid-19 emergency have hastened changes in how we deliver care.” “Things we’ve been trying to accomplish for years all…
THE POINT It’s been governors and other government executives who’ve responded to COVID-19 — over protests from physicians and their medical societies — by removing the red tape of doctors’ protectionist rules to speed healthcare to those who urgently need it. DISCUSSION In the midst of a pandemic, we need…
THE POINT Wall Street Journal, Saturday / Sunday, April 11-12, 2020, commenting on New York State’s response to COVID-19’s demands on its healthcare system: ” … New York’s biggest force multiplier has been regulatory relief.” DISCUSSION I invite your attention to my recent series: “‘Ethics’ Rules Shape the Legal Services…
THE POINT 1. Bar authorities and courts too often take extreme, over-literal views of the professional “ethics” rules that shape the legal services market. 2. Unsurprisingly, their interpretations frequently just protect attorneys from unwanted competition — not protecting clients from fraud or abuse. DISCUSSION As a lawyer, I take a…
THE POINT 1. LegalMatch.com is a legitimate, constructive solution to a legal need faced by the public that the legal profession seeks to shut down on “ethical” grounds”. 2. Legal “ethics” should be a shield to protect clients from fraud or abuse, not a sword for the legal profession to…
THE POINT 1. TIKD was a legitimate, constructive solution to a legal need faced by the public that the legal profession seeks to shut down on “ethical” grounds. 2. Legal “ethics” should be a shield to protect clients from fraud or abuse, not a sword for the legal profession to…
THE POINT 1. Unlike countries in Europe and Asia, Big 4 accounting firms are prohibited from offering corporate legal services in the U.S. 2. Through its rule-making state bar authorities (made up of lawyers), the U.S. legal profession is fighting tooth-and-nail to keep it this way. DISCUSSION U.S. law firms…
THE POINT 1. “Ethics” rules are the main determinant of how the legal market is structured: Who can do what? With whom? What is “practicing law”? 2. After decades of practicing business law, I believe that “ethics” rules structuring the market for legal services are largely about protecting lawyers from…