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The Difference Between Filing Lawsuits And Selling Widgets: The Lost Understanding That Some Attorneys’ Exercise Of State Power Is Subject To Appropriate Regulation, Paul Taylor

The University of New Hampshire Law Review

[Excerpt] "It is often argued that all attorneys practicing in the United States – regardless of the function they perform in the American justice system – are purely private actors working in a free market system. This article examines whether it is true that all attorneys in every instance should be equated, as a matter of public policy, with other private actors.

This article explores why not all attorneys function in a free market, and consequently their remuneration should not always remain unregulated. Attorneys who file lawsuits can, by simply filing a complaint at their unfettered discretion, immediately subject defendants …