What Are the Dangers of Treating Legal Practice as a Commodity?

Heidi Rai Stewart, an attorney who concentrates her practice in “estate planning, estate and trust administration, special needs planning, elder law and Orphan’s Court matters,” has an interesting article in the March-April issue of The Pennsylvania Lawyer.  

In “A Hit Between the Eyes – The Danger of Treating Legal Practice as a Commodity,” Ms. Stewart takes on the hot topic of nontraditional providers of legal documents or legal advice, including lower-cost sources such as LegalZoom‘s partnership with Sam’s Club or Avvo Advisor, an “on-demand service providing legal advice at fixed rates.” 

Ms. Stewart makes several points, including:

• “A fill-in-the-blank document program simply cannot address the possible eventualities that a skilled attorney will bring to a client’s attention.  Although attorneys use forms, a skilled lawyer does not simply fill in blanks.”
• “Commoditization of legal services and documents induces the mindset of the cheaper the better.”
• “There has long been a perception, reflected oftentimes in negative humor, that attorneys are solely concerned with making money…. That perception must change…. [A]ttorneys must better communicate the value of the breadth of their knowledge and wisdom if they want to remain competitive in the marketplace….”

Ms. Stewart asks “Are companies that provide DIY legal documents engaging in the unauthorized practice of law in Pennsylvania?” She observes that such a claim has not yet been heard in Pennsylvania.

Ms. Stewart outlines several recent cases from other states.  She concludes by encouraging lawyers to engage in introspection and to think deeply: 

“Do we distinguish ourselves by rising to the occasion with our integrity, skills, knowledge and wisdom?  Or do we just continue on the path already trod while the public continues to search for the cheapest way to deal with life’s most important issues?” 

The issue containing the article is currently available only to members of the Pennsylvania Bar Association. Worth tracking down the full article!