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Why Are Lawyers So Expensive Even With The Excess Supply Of Lawyers?

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Re: Why Are Lawyers So Expensive Even With The Excess Supply Of Lawyers?

#151
post #34

Earlier quoted context omitted.

http://en.wikipedia.org/wiki/Free_market#Overview Adam Smith believed that an economy should be free of monopoly rents If I can keep you from switching lawyers, if I can keep you from interviewing other lawyers, if I know your choice is not "lawyer or no lawyer", but "which lawyer", then I can keep my prices artificially (not a free market) high.

Erm, how is that different than food? You can't choose not to buy food, so would you also consider that not to be a free market?

You can grow it or hunt it.

[edit] Not that I think that the global market for food to be a free market.

Re: Why Are Lawyers So Expensive Even With The Excess Supply Of Lawyers?

#152

There are all sorts of reasons, but first and foremost is the lack of transparency in all things legal. This is why I'm working on PlainSite ( http://www.plainsite.org ). The opacity creates the illusion of difficulty, the need for (arbitary) specialized knowledge, and uncertainty as to the real price because so many factors are hidden from view. For example: you're expected to follow the law even without knowing wha…

You're not paying a lawyer $X00/hour to do word processing; you're paying them to figure out what laws apply to your situation, how those laws apply, and the best course of action given the legal consequences.

If they're doing word processing, it is because the language matters. Consider that the City of Cleveland lost the Cleveland Browns to Baltimore over a comma which completely changed the meaning of the exit provisions in the contract. The owner of the Dodgers likewise lost a $500 million stake to his ex-wife based on the language in his prenuptial.

Finally: if you want easy access to documents in the court docket: go to the courthouse where they are kept. It costs a lot of money to implement and maintain a digitizing system, and most courts simply do not have the resources to maintain such systems.

Re: Why Are Lawyers So Expensive Even With The Excess Supply Of Lawyers?

#153
post #105

Earlier quoted context omitted.

And, just to be clear, lawyers' fees are reasonable because lawyers have a duty to report fraudulent billing practices. If they don't, they can be disbarred . That duty to report covers all of the rules (excluding Rule 1.6 and information gained by lawyers participating in approved lawyers' assistance programs), and the reasonableness of fees absolutely includes consideration for this duty.

What about law firms with a single lawyer and the rest associates. Nobody reports anything. Lawyers round billing, type 5 words per minute, templatize their documents but charge as if writing from scratch, and play the system in many ways, double bill for multitasking status hearings, and so on. I would be more than happy to pay the billing rate if they actually worked those hours.

Associates are lawyers. The difference between an associate and a partner is the same as the difference between an employee and a founder in a startup: the employee gets paid a salary, the founder might get a salary but primarily draws his income from the success of the business.

Paralegals and office staff are not lawyers. Paralegals are allowed, by law, to draft legal documents. However, they cannot offer legal advice, and any documents they draft must be reviewed by a practicing lawyer.

Re: Why Are Lawyers So Expensive Even With The Excess Supply Of Lawyers?

#154
I used to "hire" law firms regularly for my clients. What's not being mentioned here is that since in most cases the individuals _choosing_ the law firms for large financial and M&A transactions (which represent the real meat of the "big law" business) generally aren't directly paying the legal fees, there's relatively little incentive for them to push for lower prices. (And if I remember correctly, if those legal fees are part of a financing transaction, they don't count against the businesses "normalized/adjusted" income, either.)

If I'm the CFO of a company that's doing a $500M financing round, am I really going to choose a lesser law firm to save maybe $100K in bills? I'm already probably paying the bankers $5M or more to do the deal in fees (arguably, that's the real gouging, given that the work doesn't really scale with the deal size but the fees do.) If I choose a cheaper firm, and they mess up (and frankly, all the firms make mistakes, especially when you have junior associates drafting filing docs) it could cost me my job.

(The most cost-conscious clients I've seen were entrepreneurs or at least majority owners of businesses - they saw those fees as coming right of out their own pockets, so they tried to do whatever they could to keep them down)

In-house counsels are definitely trying to push down costs by doing more things internally or offshoring more mundane stuff like day-to-day contracts. But at the same time, most of your in-house counsels come from a big law firm, so they're unlikely to break away completely, either.

Re: Why Are Lawyers So Expensive Even With The Excess Supply Of Lawyers?

#155
The legal field isn't really amenable to simplistic economic analysis. With all due respect to thinkcomp, the idea that licensing requirements are what is driving the cost of legal services is totally wrong.

First, legal services generally aren't that expensive. If you need someone to help you draft a deed to some property, you can probably get that work done for cheaper than you would pay an engineer to design you a retaining wall on that property. When people say legal services are expensive, what they mean is that high-end corporate legal services are expensive.

Second, corporate legal services is not expensive because of limited supply. There are about 45,000 JD's graduated each year, and maybe 3,000-4,000 are hired at big firms that do corporate work. The rest work for far less money, in the $45-$60k range. If you wanted to start a firm doing corporate legal services at low cost, paying attorneys $80k a year (half the going rate of a first year at a large firm), you would literally drown in job applications. While in a platonic sense there is a supply constraint in the legal field, it has a practical effect more akin to crash safety regulations in cars than something that actually constrains supply to drive up prices.

If the state bars got rid of the requirement that lawyers attend an accredited law school, there would be almost no change in the cost of legal services at the top. Big firms hire the large majority of their associates from only 20 or so schools, out of the 200 that exist. Why would adding a category of potential hires below the huge group of people already not getting hired drive down salaries?

The price of high-end legal services is insensitive to the supply of lawyers for the same reason the price of Apple products is largely insensitive to the number of Korean competitors in the market: 1) brand is tremendously important; and 2) there are actual differences in the quality of the product.

Re: 1) Because it is difficult to tell whether your lawyer did a bad job or whether you just had a bad case, branding and signaling becomes tremendously important. It is that branding and signaling that makes companies keep going to firms that hire primarily from the top schools, even when there is nothing, legally, that prevents them from taking it to firms that have more diverse hiring standards.

Re: 2) The adversarial nature of law means that there is an arms race for the smartest people. While a lot of even high-end legal work can be very routine and boring, some of it can be very complex. That 10% of legal work that requires out-thinking the opposing counsel can have major repercussions for companies, and as such companies are willing to spend the money to ensure that their lawyers are smarter (at least on paper) than the opposing party's lawyers.

Re: Why Are Lawyers So Expensive Even With The Excess Supply Of Lawyers?

#156

Earlier quoted context omitted.

This is the #1 reason, and the common explanation, but lets examine it further. You risk your life getting into your car every day. You don't pick the most expensive car? Choosing air travel is commonly an exercise in finding the lowest price, despite the inherent risks/fear of traveling 4 miles up at 500mph. Why are these commodities while preparing a will is not? There are transactions/disputes that require highly…

> You risk your life getting into your car every day. You don't pick the most expensive car? Choosing air travel is commonly an exercise in finding the lowest price, despite the inherent risks/fear of traveling 4 miles up at 500mph. Why are these commodities while preparing a will is not? That's easy. The expense of a car or plane doesn't indicate it's safety, infact it's usually the opposite, the more expensive the…

> That's easy. The expense of a car or plane doesn't indicate it's safety, infact it's usually the opposite, the more expensive the car or plane the faster it goes and less safe it can make your trip.

> With a doctor or lawyer more often than not the more you pay the better the service/advice you get.

Do you know this, or do you just believe / hope this? I'd argue that the actual quality of service delivered (not just how nice their suits or offices are) is very difficult for customers to assess. At least with cars, there are independent ratings agencies that will tell you that your more expensive car is actually safer. (Doctors actually have stats like mortality and length of hospital stay.)

Re: Why Are Lawyers So Expensive Even With The Excess Supply Of Lawyers?

#157
post #109

Earlier quoted context omitted.

As much text as might exist around the subject, it looks like the "blanket prohibitions" aren't working and everyone knows it. There's a small loophole in the rule you describe--what happens if a non-attorney learns of an attorney's misconduct? Nothing, that's what! It's not ridiculous for me to want to represent my company without having taken the bar exam--you're using a legal fiction to argue that even though I pa…

I don't understand your first point. Nothing precludes a non-lawyer from reporting an attorney's misconduct. However, the fact that they cannot be compelled to by statute irrefutably proves my point: that the practice of law must be (self-)regulated. Regarding your second, the fact that you pay your company's taxes is irrelevant. "You" can be substituted by any other shareholder or partner; the shareholders/partners…

> Nothing precludes a non-lawyer from reporting an attorney's misconduct. However, the fact that they cannot be compelled to by statute irrefutably proves my point: that the practice of law must be (self-)regulated.

Failure to report a crime is a crime. For everybody.

Re: Why Are Lawyers So Expensive Even With The Excess Supply Of Lawyers?

#158
post #116

Earlier quoted context omitted.

Because it results in uncontrollable externalities. Take the electrician example: what happens if an unlicensed electrician kills himself when performing work? Does his family get to collect from your homeowner's insurance? Can they sue you? Are you criminally liable? What about when you sell the house? Should you have to disclose that someone unlicensed did the wiring? What if you don't and the house ignites in a fi…

>Are you criminally liable? There's nothing in the current law about granting you immunity from criminal liability as long as you hire a licensed electrician, so that's a completely moot point. >What if you don't and the house ignites in a fire one night caused by improper wiring, killing the future owners, are you responsible? Is the electrician? In most jurisdictions you can already preform electrical work on your…

Fun fact: in California and New York, you are legally required to inform the new owner that the fan was not installed by a licensed electrician if the installation involved any more electrical work than simply plugging it into an outlet.

You would not be entirely responsible for killing the future owner...but yes, under the doctrine of negligence, you would be at least partially responsible for killing the future owner. In fact, this is one of the first things you learn in your first year of law school.

The unlicensed kid: That depends on how he cuts off his foot. Was he distracted? Was your wife distracting him at the time sunbathing nude next to the pool? Was he using your mower? Was your mower broken?

Unlicensed painter: Also depends on the specific facts. Was it his ladder? Why did he fall off the ladder? What did he fall onto? Would such a fall normally have killed a person? What special facts in this situation resulted in the painter's death?

Protection from damage: You're spot on. In fact, in Ohio, you're required to hire only licensed and bonded (i.e., insured) contractors for renovations or construction work. Moreover, contractors are required to provide proof of license and bond before they begin work or try to collect payment.

Re: Why Are Lawyers So Expensive Even With The Excess Supply Of Lawyers?

#159
post #75

Earlier quoted context omitted.

You have the right to represent yourself, but not another person or entity, which is what you would be doing if you attempted to represent your limited liability entity in court. It doesn't matter if you're the sole shareholder or not, you and the company are not one and the same.

Except that such logic seems to vanish in small claims court (where I can represent my corporation), and before the USPTO Trademark Trial and Appeals Board (where I can represent my corporation)...which means that it's really not very logical at all.

Small claims courts are not much different from arbitration. There are no consequences to not showing up or participating, as losing simply means that you can move the matter to a new (i.e., independent) case in a real courtroom with a real judge.

I cannot defend the USPTO; much of what they do is indefensible.

Re: Why Are Lawyers So Expensive Even With The Excess Supply Of Lawyers?

#160
post #110

Earlier quoted context omitted.

Read the rules. They're taken very seriously. Your opinion that a Wachtell attorney isn't worth >$1,000/hour is immaterial. As a matter of law, what they're charging is not unreasonable, because you're paying for more than the amount of time an attorney spends typing on a word processor. You're paying for the firm 's experience and reputation. Moreover, many lawyers would have actual knowledge of the firm's fraud, we…

I'm not buying it. There are a lot of reasons that reporting could be just as devastating as not reporting, except it's more likely to happen. Imagine a James Lawyer at your prestigious $1000/hour partnership. He finds out Joe Partner is up to no good. What are his options? Blow the whistle, get Joe Partner in trouble, get black-balled (if not outright fired [but, of course, not for whistle blowing]) and eventually (…

Lawyers regularly get in very severe trouble for breaches of legal ethics. The Enron, etc, examples aren't availing. Lawyers are required, legally, to rat out other lawyers for violations of legal ethics. They are not required to rat out their clients (and indeed are ethically prohibited from doing so). I'm sure lots of lawyers knew about Bernie Madoff and Enron, etc. But they were legally obligated not to disclose their clients' crimes.

Moreover, in your hypothetical, it's not just James Lawyer who can report the business practice. A judge reviewing a claim of attorneys fees could find something suspicious. An in-house guy reviewing bills could find something suspicious. Somebody at another law firm working jointly on a case could find something suspicious. Those people have no disincentive to report that conduct, and indeed their ass is on the line if they do not.

Do lawyers charge you for time while thinking about your case in the shower? Probably. Like any contractor, there is some margin for estimation while remaining ethical. But is there some grand conspiracy to systematically over-bill clients? There are just too many people who would have access to that knowledge, and who could only get in trouble for not ratting it out for that to be likely.

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