I agree with some of what’s said in this new essay about credentialing and the educational system. It’s worth reading. But the author makes a claim about “law” which I don’t quite accept:
“Today, we take it for granted that practicing medicine or law requires years of costly credentialing in unrelated fields. In the law, the impact of all this “training” is clear: it supports a legal system that is overly complicated and outrageously expensive, both for high-flying corporate clients who routinely overpay and for small-time criminal defendants who, in the overwhelming majority of cases, can’t afford to secure representation at all (and must surrender their fate to local prosecutors, who often send them to prison). But just as a million-dollar medical training isn’t necessary to perform an abortion, routine legal matters could easily, and cheaply, be handled by noninitiates.”
There is one statement here that is undeniably true: many people who would like to access legal services can not afford to do so. But the rest is not fully thought out.
Literally any vaguely competent human can draft a will. The relevant question is: what percentage of “routine” wills turn out to be complex down the line, such that lay drafting which doesn’t anticipate problems creates a joojooflop and expensive heartache? Does anyone actually know the answer to this question? I don’t. And given that I don’t have a sense of the relevant baseline risks, I would vastly prefer to have a will drafted by a competent T&E attorney than drafting it myself; and I’d prefer to draft it myself than take it from a form book or a “noninitiate.” That doesn’t make me a credentialist snob: that makes me risk averse. Indeed: it should be obvious that merely because many people can’t afford wills drafted by lawyers doesn’t mean that experienced nonlawyer will drafting is just as good as legally trained drafting. (It might or not be – the question susceptible to empirical investigation.)