Washington Post Op-Ed: Texas and Florida Make a Smart Move on Legal Education, by Lael Weinberger (George Mason):

The Texas Supreme Court announced this month that the court itself, not the American Bar Association, which has held near monopoly control of American legal education, would decide which law schools qualify graduates for the Texas bar. On [January 15th], Florida followed suit.

The immediate announcement provided occasion for some to celebrate. But it also prompted many questions.

The ABA has exercised near-exclusive control over law school accreditation for decades, effectively controlling the pathway to becoming a lawyer. Every state relies on ABA accreditation as the default gatekeeper for bar eligibility. That arrangement has been justified as a quality-control mechanism, but it also has the function of a cartel, setting costly and rigid requirements to restrict entry into the legal profession.

In other words, the ABA has been able to engage in professional protectionism but with a virtuous front. The result has been a legal education system that is expensive to enter and slow to innovate, and, in turn, has not served ordinary Americans well.

The ABA’s increasingly partisan politics aren’t helping either. The organization recently attempted to push controversial diversity, equity, and inclusion policies as accreditation requirements, alienating conservatives. …

I have advocated states to cut back on the ABA’s role, and I am glad to see progress in this direction. The next step will take some work as states — and potentially new accrediting bodies — become involved in assessing law schools. Florida’s updated rules chart a path forward. What might not be obvious to the public is how these developments are not just about the politics of the ABA. When done right, they could also enhance access to justice. …

Texas and Florida has taken an important step in breaking ABA’s control. Other states will hopefully follow suit. And as they do, they have the chance to encourage innovation. If that leads to more flexible pathways, lower costs and a pool of lawyers able to meet ordinary Americans’ legal needs, the unraveling of the ABA’s exclusive control will only let the American legal profession serve the public better.

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