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Social and Behavioral Sciences

Selected Works

Gillian K Hadfield

Selected Works

2014

Contracting and Commercial Law

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Full-Text Articles in Law

The Cost Of Law: Promoting Access To Justice Through The (Un)Corporate Practice Of Law, Gillian K. Hadfield Dec 2013

The Cost Of Law: Promoting Access To Justice Through The (Un)Corporate Practice Of Law, Gillian K. Hadfield

Gillian K Hadfield

The U.S. faces a mounting crisis in access to justice. Vast numbers of ordinary Americans represent themselves in routine legal matters daily in our over-burdened courts. Obtaining ex ante legal advice is effectively impossible for almost everyone except larger corporate entities, organizations and governments. In this paper, I explain why, as a matter of economic policy, it is essential that the legal profession abandon the prohibition on the corporate practice of law in order to remedy the access problem. The prohibitions on the corporate practice of law rule out the use of essential organizational and contracting tools widely used in …