Nonmembers often complain about state-granted professional licensure, only to shift to defend it should they succeed in acquiring its protection. Like many of my friends, I received the good news today that I’ve passed the California Bar Exam. I’d like to celebrate by sharing some words that Lysander Spooner wrote in 1835 while advocating the disestablishment of weighty restrictions on admission to the Bar.
[T]he ability [or] learning… of an individual, for the practice of law, cannot, with justice, be made a matter of inquire by the Courts or the Legislature… [those matters] concern solely the lawyer himself and his clients. Any man…has the right to decide for himself whom he will employ as counsel…[I]t is the right of the person so employed to have the same facilities afforded to him for discharging his service as counsel, that are afforded to others, whom the public may think much better or abler lawyers….[T]he professional man, who, from want of intellect or capacity for his profession, is unable to sustain himself against the free competition of his neighbors without the aid of a protective system, has mistaken his calling…
[Moreover,] the present rules operate as a protective system in favor of the rich… against the competition of the poor….Take [the] case…of a poor young man,… fortunate enough to obtain credit and assistance, while getting his education, on the condition that he shall repay after he shall have engaged in his profession—so long is the term of study required, and such is the prohibition upon his attempts to earn any thing in the mean time for his support, that he must then come into practice with such an accumulation of debt upon him as the professional prospects of few or none can justify…. [Yet] no one has ever yet dared to advocate, in direct terms, so monstrous a principle as that the rich ought to be protected by law from the competition of the poor.
I’ve slightly edited this except for the sake of brevity. If you enjoy Spooner’s language or his argument, you should read the whole letter, simply titled To the Members of the Legislature of Massachusetts.
Would that my classmates and I are among the last to be required to do what we had to do in order to do what we wanted to do.