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means of notifying consumers that the provider possesses

certain capabilities.  The certified public accountant

designation is a good example.  One can sell accounting

services without becoming a CPA, but by having earned that

designation, an accountant informs prospective customers

that he has demonstrated a high degree of proficiency.

Those with relatively simple accounting needs do not usually

hire a CPA because his time is too costly; on the other

hand, those with high-level accounting needs do not consider

a non-CPA because he probably is not capable of handling the

work.  Certification thus helps consumers by reducing the

cost of searching for a service provider who has the appro-

priate level of competence.  At the same time, certification

does not restrict contracting options or deprive people of

occupational freedom.

The legal profession itself relies on certification

rather than licensure once individuals have made it into the

ranks of the bar.  While any lawyer can argue cases in

court, for instance, those who wish to advertise their

special expertise in litigation can seek certification from

the National Board of Trial Advocacy, thereby highlighting

their expertise.  There is no reason not to establish cer-

tification programs for other legal specialties, with par-

ticipation open to both members and nonmembers of the bar.

If, for example, an organization wanted to set up a program

to certify the competence of individuals to assist tenants

in legal disputes, it ought to be free to do so.  Presum-

ably, because the objective is to help tenants, the certifi-

cation process would neither restrict the number of practi-

tioners nor mandate where and how the person seeking certif-

ication learned the law.  Tenants needing legal assistance

would probably seek service providers with that certifica-

tion.  And practitioners who were thus certified would

correspondingly benefit.

At present, no such certification exists, but in the

freer, more competitive environment that would prevail in

the absence of UPL prohibitions, it and others would likely

arise.  If the bar is truly interested in helping the public

find competent and affordable legal assistance, it should

take the lead and begin certification programs in many

common specialty fields.  Those programs should focus on the

candidate's demonstrated ability to perform, rather than how

he achieved his proficiency.  Competing certification orga-

nizations might arise, and if so, they should be welcomed.

Certification can help consumers make more intelligent

decisions without depriving them of options and without