Home

Clifford Winston to Turn Against the Small Law Firms
Download PDF
1 Star2 Stars3 Stars4 Stars5 Stars (No Ratings Yet)
Loading...

Winston & Strawn

Last week, a lot of controversy was stirred up when Clifford Winston suggested that we completely do away with law school and the bar exams, and just let anyone who wants to practice law. According to Clifford Winston, the barriers that the exams create ”simply…protect lawyers from competition with the non-lawyers and the firms that are not lawyer owned. This is a competition that could greatly reduce legal costs and give the public a greater access to legal assistance.”

Yet, no one is convinced. Carolyn Elefant ”pick[ed] apart Winston’s assertions piece by piece in an effort to diminish his credibility.” Elefant took some issue with Winston’s assertion that costs would go down if the non-lawyers were able to practice. Also, Elefant cited in an example that using Legal Zoom could cost three, maybe even four times what it would normally cost a lawyer to perform the same exact task.

  
What
Where


So who is right here? Winston or Elefant?

If we set aside all the problems with Winston’s factual support, his premise poses a significant threat to small-firm lawyers. If we do as Winston suggests and we no longer require law students and state licenses to practice law, then the law firms will be replaced by law businesses.

As Winston says:

Get JD Journal in Your Mail

Subscribe to our FREE daily news alerts and get the latest updates on the most happening events in the legal, business, and celebrity world. You also get your daily dose of humor and entertainment!!




”At the same time, if corporations, and not just law firms, now structured as partnerships, could provide legal representation, their technological sophistication and economies of scale could offer much more affordable services than established law firms do. These firms, in turn, would have to reduce prices to compete.”

If this change were to occur, law firms would start to resemble shopping malls. There would be the mom-and-pop stores (which would be the law firm hold-outs) and the huge departments stores, both higher-end (including a majority of actually trained and licensed attorneys) and discount shops (a warehouse full of untrained and unlicensed practitioners). There may even be a few solo people wandering around. They’re the ones that like to shove used bath salts in your face, ask to curl your hair for you, or want to give you a massage, when you’re just trying to peacefully shop in the mall.



If you were to look at a mall directory from 15 years ago, you would notice that something was missing. It would a complete lack of the independent stores that we took for granted. Its the same in the real world. In a tough economy the poor small stores can’t compete with the big superstores.

What would happen to us if we took away the law school and the license requirements? Would that mean a complete end to small law firms? Or would they try to stick through it? How could small firms try to take down the superstore that is the Winston variety of attorney? They wouldn’t even stand a chance.



 

Interesting Legal Sites You May Like


BCG FEATURED JOB

Locations:

Keyword:



Search Now

Complex Commercial Disputes Associate Attorney

USA-WI-Green Bay

Green Bay office of an AmLaw firm seeks Complex Commercial Disputes Associate Attorney with 1 year o...

Apply Now

Patent Agent with 1 year of chemistry experience

USA-CA-Palo Alto

Palo Alto office of our client seeks entry-level patent agent with 1 year of experience. The candida...

Apply Now

RELEVANT JOBS

Paralegal

USA-OH-Columbus

Law Office of Dmitriy Borshchak is actively seeking a qualified Paralegal to join their team in Colu...

Apply now

Paralegal

USA-TX-Houston

Established law firm seeking an experienced civil / plaintiff litigation paralegal capable of answer...

Apply now

Contract Attorney

USA-TX-San Antonio

Business litigation and transaction firm located in Downtown San Antonio is seeking a contract attor...

Apply now

Legal Assistant / Paralegal

USA-GA-Marietta

Come and join the team of Farmer Farmer & Brown Law Firm! We are looking for an experienced bilingua...

Apply now

SEARCH IN ARCHIVE

To Top