FTC Claims the ABA Is a Monopoly

"The Federal Trade Commission accused the American Bar Association of having a "monopoly on the accreditation of American law schools" in a letter to the Texas Supreme Court at a time when the state is considering minimizing the ABA's oversight of legal education. In April, the Texas Supreme Court announced it was looking intoeliminating ABA requirements for licensure. Justices wrote in a tentative opinion in the fall that the ABA "should no longer have the final say on whether a law school's graduates are eligible to sit for the Texas bar exam and become licensed to practice law." It also invited the public to comment on a proposal to potentially undercut the ABA as an accreditor for Texas law schools."

"FTC officials Clarke Edwards and Daniel Guarnera signaled support for potentially moving away from ABA accreditation in a nine-page letter submitted to the Texas Supreme Court on Monday. In addition toclaiming the ABA was a monopoly, they argued it had "rigid and costly requirements" and that it mandates "every law school follow an expensive, elitist model of legal education.""

""The ABA's standards for accreditation appear to go far beyond what is reasonably necessary to assure adequate preparation for the practice of law in Texas, increasing the cost of a legal education. The current rule therefore likely causes Texas to forgo admitting many potentially qualified lawyers who could provide needed legal services to the Texas public," they wrote."

The Federal Trade Commission asserted that the American Bar Association holds a monopoly on law school accreditation and urged reconsideration of ABA oversight in Texas. The Texas Supreme Court has explored eliminating ABA licensure requirements and invited public comment on proposals to undercut ABA accreditation. FTC officials Clarke Edwards and Daniel Guarnera supported moving away from ABA accreditation, arguing the association enforces rigid, costly standards and an elitist model of legal education. The officials argued those standards increase the cost of legal education and likely prevent qualified candidates from joining the Texas bar, limiting access to legal services.

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