Federal Trade Commission staff endorsed on Mar. 31 the Florida Supreme Court’s decision to remove the American Bar Association as the sole accrediting agency for law schools whose graduates may take the state bar exam and become licensed attorneys in Florida.
The move is significant because it changes who can accredit law schools, which could affect both legal education costs and access to legal services in the state.
Previously, applicants had to graduate from a law school approved by the American Bar Association (ABA) in order to be eligible for the Florida bar exam. The new rule allows certain other accrediting agencies recognized by the U.S. Department of Education, and approved by the court when appropriate, to serve this function as well.
In a letter responding to an invitation from the court for comment, directors from FTC’s Office of Policy Planning and Bureau of Competition agreed with ending ABA exclusivity, calling it “not in Floridians’ best interest.” The letter stated that allowing more entities to accredit law schools would increase competition among educational providers. It also said that existing ABA standards promote an elitist model that raises education costs and limits how many people can enter the legal profession.
The FTC letter further argued that these restrictions primarily benefit lawyers who are members of the ABA while making affordable legal services harder for consumers to find. It also raised concerns about ideological requirements imposed by ABA accreditation standards, saying some may not advance educational goals or could violate federal law.
According to FTC staff, similar actions are being considered elsewhere at both state and federal levels. The Commission encouraged more states to reduce reliance on ABA accreditation for law schools. The vote authorizing issuance of this staff letter was unanimous at 2-0.
