Toward a Unified Theory of Professional Regulation

Abstract

The Bar has addressed several issues in recent years that impact the legal profession's structure, including rules relating to multidisciplinary practice, multijurisdictional practice, and client solicitations. Unfortunately, theories of legal ethics have not focused on these rules, but have instead concentrated on regulations that govern how lawyers represent their clients, such as the duty of confidentiality or rules against the presentation of perjured testimony. This article contends that, by applying ethics theories to the structural rules, an additional justification emerges for more progressive regulations. Specifically, the article concludes that traditional theories can supplement existing calls for multidisciplinary practices, more liberal unauthorized practice rules, and more permissive regulations of client solicitation.

JEL Classification: K19, K29, K39, K49