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The Texas State Bar has ad-mitted in one of their own sur-veys that 2/3rds of the people ofTexas cant afford to hire an at-torney That means 2/3rds of allTexans are effectively denied ac-cess to even the pretense of jus-tice in the best legal system inthe world

What are these poor (middleclass and below) people to do?Live without even a chance of

finding a civil resolution to theirproblems? Accept their problemsas insoluble (live on their knees)?Or resort to violence to solve theproblems lawyers and courtscant afford to hear?

Note that the political major-ity of Texas (and probably theUSA) are being denied virtuallyany legal services in the most li-tigious society on Earth Notealso that this lack of services rep-resents an incredible unserved

market for legal services; ie,theres a lot of money to be madeserving the majority of Americanswho dont happen to live in theupper-third of the economicstrata

The potentially huge politicaland economic power of this un-served market may be the forcethat finally topples the Bar mo-nopolies Despite any contrary

rhetoric, virtually all monopoliesexist for the sole purpose ofcharging exorbitant fees for ser-vices that would be provided ataffordable rates by the free mar-ket Just so, the Bars monopolyon providing legal services hasraised its rates to levels mostAmericans cant afford But moresubtly, the monopoly has alsoaddicted lawyers to legal feesfar greater than those a free mar-

ket might provide As a result,although theres an enormousuntapped market among the poorand middle class, the lawyers aretoo spoiled to work it MostAmericans cant afford $100-$400 per hour legal fees, andmost licensed lawyers generallyrefuse to work for less

Enter the independent para-legals These are folks who havesufficient knowledge or trainingto perform some relatively simple

legal services like name changes,uncontested divorces, or writingsimple wills These are boilerplate services that involve littlemore than the proper selectionof existing forms and accuratedata entry

Although paralegals can workfor lawyers for $15 an hour (thelawyer charges the customer$50/ hour for the paralegals

time), paralegals can not competewith lawyers in the free marketat rates the public can afford TheBar argues that paralegals are notqualified to determine the real le-gal needs of their customers --which may be true However, ifthe customer determines what le-gal service he wants, whatswrong with having a paralegal sat-isfy that customers determina-tion?

Allowing paralegals to offerlegal services to the public at af-fordable, free market priceswould shatter the financial foun-dation of the Bars monopolyOnce the public found out it couldget a name change applicationfilled out for $20 from a paralegalinstead of $200 to $500 from alawyer, the lawyers would notonly start losing business, theydbe forced to compete in the freemarket Once that starts, the av-

erage lawyer will soon receivewhat hes really worth: about$20-$50 an hour (unless hes alitigator which is a valuable talentworth several hundred dollars anhour while in court) Result: theaverage lawyers income wouldbe cut by half or more

Obviously, the Bar is notabout to allow free market com-petition to enter into the Ameri-

The Practice of Law --Authorized & Otherwise

by Lynn Hardy

UPL

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can legal services marketplace,even among poor people thelawyers refuse to serve

Even the Bar recognizes theconflict between the public whocant afford lawyers and the law-yers who refuse to work for freemarket wages According to the

Dec 5, 1996 Dallas MorningNews, Lawyers Battle Order onDeath Row Appeals, the TexasCourt of Criminal Appeals is or-dering individual lawyers to rep-resent death row inmates andpaying $100/hour for justifiablework Lawyers want none of it.irst, $100 is chicken feed to law-yers Second, the cases will betried on appeal which means thelawyers will actually have to work(not settle) the case Third, theCourts wont overpay the waythe average ignorant laymen dofor extended billing hours Thatmeans lawyers are suffering thesacrilege of being drafted into

jobs characterized by low pay andreal work

Worse, lawyers are beingforced to take these appellatecases even if theyve neverhandled a previous criminal ap-peal Why? Not because any-

one cares if these poor folks die,but because executing poorpeople without legal representa-tion is a Public Relations no-noMoreover, if the system ex-ecutes poor people (who com-mit most of the murders that aresolved) without lawyers, the pub-lic might start to see one reasonpoor people kill each other mightbe because legal fees are so highthe poor folks cant afford ac-cess to a civilized resolution of

their problems in court and there-fore resort to violence

So the Bar is caught in a tragi-comic Catch-22 If they serve thepoor, their incomes must declineprecipitously; if they ignore thepoor, the political consequencesmight end the Bars monopolyand cause their incomes to de-cline precipitously On the otherhand, if they allow paralegals to

serve the middle class and poorat affordable rates, the free mar-ket pressures will also indirectlycause the lawyers incomes toprecipitously decline

Amusing, hmm? The lawyershave taken so much for so long,they cant afford to work for us

and we cant afford to hire emAsk any economist if this relation-ship can be allowed to continueIt cant Lawyers are heading to-ward an huge financial reorgani-zation

Of course, lawyers will not goquietly They will shuck, jive,scream, shout, promise, beguile,and do whatever they can topostpone the inevitable .or themoment, the principal threat tothe Bars income is the growthof paralegal services Hence,should any unlicensed lawyer gointo business, the Bar will dedi-cate itself to removing the inter-loper

This article reflects some ofthe thoughts of a paralegal (anon-union lawyer) whos beenbattling by the Texas Bar

l

Have you ever pledged al-legiance to the flag of the UnitedStates of America and reallythought about what it meant?

l Have you ever been a par-ent and had the arduous task ofcorrecting your child in order toteach him or her the differencebetween right and wrong, es-pecially during the terrible twos?

l Have you ever attendedchurch and listened to the minis-ter preach that the highest social

law is the Golden Rule (Do untoothers as you would have themdo unto you Matthew7:12,22:36-40, Luke 6:31 and Equity,Blacks Law Dictionary)?

l Have you ever enlisted orbeen inducted into the armedforces and raised your right handand sworn the OATH that youpromised to uphold, protect anddefend the Constitution of the

United States from all enemies,both foreign and domestic?

l Have you ever exercisedyour right to freedom of speechor considered yourself a law-abid-ing citizen?

If you answered yes to one

or more of the preceding ques-tions, then believe it or not you are practicing law

As an American Citizen, I be-lieve it is my duty and responsibil-ity to practice law. In fact, I havebeen practicing law ever since Iknew what the Constitution for theUnited States of America meant!

As a result, on October 13,1994, 1 was indicted by a JeffersonCounty, Texas, Grand Jury forfalsely holding myself out as a law-yer The charge was an allegedviolation of Texas Penal Code Sec-tion 38122 in the 3rd Degree, afelony That means I could befined and incarcerated if convictedof this alleged offense The indict-ment stated plainly that the Grand

Jury took an Oath prior to hand-ing down their indictment againstme They probably swore to tellthe Truth, the Whole Truth andNothing But the Truth Unfortu-

nately, sometimes the informationgiven to the Grand Jury on whichthese indictments are issued, isnot the whole truth! Therefore,since it is my duty to uphold theLaw, it is also necessary to tell youthe real truth!

The truth is I am a non-union lawyer!

1) I practice law, just like youdo You should be studying andunderstanding the law, just like Ido That way, you will know the

difference between your Consti-tutional Rights, and your dutiesand commercial responsibilities asa Citizen of this State

2) On the bond form(#34270) I had to sign to be re-leased from jail the Offensecharged section read: Imperson-ating a Lawyer Daily living of theGolden Rule is the highest prac-tice of law, and is necessary for a

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stable society Such practice oflaw cannot require a license, andcompels the conclusion that:every man or woman who pro-fesses and lives the Golden Ruleis a lawyer!

3) It is myduty and responsi-bility as a Citizen of this State to

maintain the peace and dignityand the continuity of Commercein this State It is also the dutyand responsibility of the Sheriffof Jefferson County, Texas andthe Grand Jury that was impaneledto indict me to do the same

4) If you did notunderstandwhat you just read in the preced-ing sections, you should startstudying and practicing law, justlike I do! As part of my duty andresponsibility to maintain thepeace and dignity and continuityof Commerce in this State, I haveeducational materials to aid youin your research and understand-ing so you can be a better non-union lawyer just like me, lestyou be charged with the sameoffense as I

I have never held myself outas a union lawyer! In order tobe a union lawyer (and there isa difference), you have to be a

member of the State Bar of TexasThe penal code section for whichI was indicted claims that I wasnot then and there licensed bythe State Bar of Texas or otherlicensing authority at the timesuch representation was madeThe synopsis of the offensestates Defendant went out, so-licited clients and held herself outas a lawyer when she was notThis is a definite misrepresenta-tion of facts

The information given to theGrand Jury was that I was holdingmyself out as a union lawyer!Unfortunately, the person or per-sons that gave the Grand Jury thisinformation were union lawyersI always thought that Texas wasa right to work State More-over, this is a violation of the Anti-Peonage Laws (for the principleon this matter, see 42 USC 1994,

et seq)One of the prohibitions men-

tioned in the Constitution (Article1, Section 10, Clause 1) is that,No State shall pass any Law impairing the Obligation ofContracts, or grant any Title ofNobility Titles of Nobility are any

advantage or privilege enjoyedby an individual or group that isnot afforded equally to all Ameri-cans Unfortunately, by restrict-ing the practice of law, by tryingto suppress the remedies of thepoor (my clients) to the advan-tage of the aristocracy (the rich),union lawyers are enjoyingTitles of Nobility

When union lawyers limittheir non-union competitionwith Grand Jury indictments foroffenses that every Citizen com-mits daily, it is clearly a violationof Rights under Title 42, UnitedStates Code, Sections 1988 and1986; and a violation of Title 18,United States Criminal Code, Sec-tions 241 and 24211

By legal precedent . . .A lawyer is a person who

knows the law Blacks Law Dic-tionary

It is said that all persons arepresumed to know the law, mean-ing that ignorance of the law ex-cuses no one 16 American Ju-

risprudence 2d 178Therefore, all persons are

presumed to be lawyers.urther, by researching and

understanding the law as I did,you will discover:

l The Holy Bible is the Su-preme Law of the Land Ourfounding fathers, who believedand practiced the true meaningof the Holy Bible authored theConstitution for the UnitedStates of America based on thosesame true meanings

l Any State statute whichsupersedes the Constitution isnull and void

l The Texas State Bar Asso-ciation is a private 501(c)(6), not-for-profit corporation It operatesas a union for lawyers Even

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though this corporation hassome very attractive benefits,(like a retirement plan and limitedliability from prosecution forcrimes that would land a averageperson in prison for severalyears), as Texas is a right towork State, I chose not to be-

come a member of that privateunion

l A license takes away aRight and makes it a privilegeEvery individual has a Right toengage in any commercial activ-ity, as long as it does not disruptthe peace and dignity or interferewith the continuity of commerceBecause a license grants knownprivileges to a chosen few, it con-fers upon those chosen a Titleof Nobility (that is, an advantageor privilege enjoyed by one per-son or group of people that isnot available to all persons orgroups)

l State Bar Associations donothave the authority to issue alicense I have attempted toobtain a law license from the

State of Texas The Secretary ofState and the Secretary of Com-merce in this State have informedme in writing that they are not thelicensing authority for obtaininga law license, nor do they know whothe authority has been conferredupon to issue such licenses

l Judges have to be licensedattorneys for a prescribed periodof time before they can sit on thebench If one cannot obtain a lawlicense, how can one sit on thebench? Although lawyers receivedocuments from the State Su-preme Court stating theyvebeen admitted to practice be-fore that court, this admissionis not legally equivalent to beinglicensed to practice law An ad-mission fee is notthe same as alicense fee if it was, the lawwould say so Being admittedto practice law is the same thingas being admitted to a sani-tarium To be admitted you geta referral and then permission toenter whatever it is youre beingadmitted into

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l State Bar Associations is-sue a union cardand certificatecalled a Certificate of Admissionto the Bar These arenotlicensesto practice law Try asking aunion lawyer for a copy of his lawlicense .urther, it is a violationof the antitrust laws to allow a

private corporation to regulateand monopolize any industry andset public policy and statutes tosatisfy its own whims When youcontinually consent to givesomeone authority, pretty soonthey will take it from you withoutyour consent

Title 18, USC Section 1001Statements or entries generally:

Whoever, in any matter withinthe jurisdiction of any departmentor agency of the United Statesknowingly and willfully falsifies,conceals, or covers up by anytrick, scheme, or device a mate-rial fact, or makes any false, ficti-tious or fraudulent statements orrepresentations, or makes oruses any false writing or docu-ment knowing the same to con-tain any false, fictitious or fraudu-lent statement or entry, shall befined not more than $10,000 or

imprisoned more than five years,or bothQuestion: Are union lawyers

[members of a 501(c)(6) non-profitcorporation under the authorityof the Internal Revenue Code(hence, federal jurisdiction)], sub-

ject to this law?You bet And so are the

judges And none of them arelicensed So who do they indictand prosecute? Paralegals andnon-union lawyers -- the only

people in the legal system whoare probably operating accordingto law

Lynn Hardy can be reached atLB Hardy and Associates, 2304Hwy 105, PO Box 544, Non-Do-mestic, Orangefield, Texas