Oregon citizens and consumers of law services have lost a low-cost alternative to lawyers, thanks to the effort of the Oregon Bar Association. The Bar's victory against low-cost competition came when the state Court of Appeals affirmed a trial court's 1995 decision closing down the People's Paralegal Services of Tigard, Oregon.

Operated by longtime consumer activist Robin Smith, People's Paralegal had helped more than 10,000 Oregonians prepare their own paperwork for divorces, bankruptcies and other routine legal matters. The average cost was less than $200. Signs in the office and written notices given to customers clearly announced that "We are not attorneys ... If you require legal advice please see an attorney."

Smith's primary argument was that shutting down her business violated the Oregon constitution's "free expression" clause. But the Court of Appeals, in a lengthy and tortured opinion, concluded that because Oregon's unauthorized practice of law statute is in the consumer interest, it preempts Smith's constitutional guarantees. The court also noted -- but seemed unfazed by -- the fact that the unauthorized practice of law statutes "could be read, just as plausibly and less benignly, as perpetuating a professional 'monopoly.'"

Smith has asked the Oregon Supreme Court to review her case. If the Court agrees to hear the case, Smith will again try to point out that far from benefiting consumers, the enforcement of Oregon's unauthorized practice of law statute hurts hundreds of thousands of them. Because of it, low and middle-income Oregonians who can't afford to pay lawyers upwards of $150.00 per hour are kept out of their own court system.

In the meantime, Smith's bills mount. Almost unbelievable, the Bar is asking the court to order her to pay its legal costs of $16,000. Smith was represented on appeal without fee by Tom Mack, a Washington, DC public interest lawyer. But because an out-of-state lawyer can appear in court only in association with a local lawyer (thanks to another anti-competitive Bar rule,) she must pay local counsel. So far, Smith's supporters have raised $3,000, or almost $20,000 short of what she needs. If you would like to help, please send your contribution to the Robin Smith Defense Fund, 10015 S.W. Hall Blvd. #13, Tigard, OR 97223. The Oregon Court of Appeals case is Oregon State Bar v. Smith, CAA89206, July 9, 1997.

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