Bill to Protect Courts' Authority to Regulate and Oversee the Legal Profession

We're excited to announce that earlier today Representative Scott Fitzgerald (R-WI) introduced H.R. 7947 of the 118th Congress, a bill to protect state and federal courts' authority to regulate and oversee the legal profession. The bill has been assigned to both the House Judiciary Committee (HJC) and House Financial Services Committee (HFSC). As the only member of the House assigned to both Committees, Rep. Fitzgerald is uniquely positioned to champion this legislation.

In addition to Rep. Fitzgerald, fellow HJC members Representative Andy Biggs (R-AZ) and Representative Tom McClintock (R-CA) and HFSC member Representative Alex Mooney (R-WV) cosponsored this bill.

The proposed legislation supported by the American Bar Association and the Conference of Chief Justices specifies that a federal agency does not have supervisory, enforcement, or regulatory authority over the litigation activities of attorneys or law firms. In addition, the bill prohibits a person from bringing a civil action in a court of the United States for harm due to alleged misconduct related to the litigation activities of an opposing attorney or law firm. 

The concept of the independence of the practice of law is the cornerstone of NCBA’s policy focus. Our strategy to protect our members continues to evolve and expand. Previously, the proposed bill focused narrowly on the Fair Debt Collection Practices Act (FDCPA). H.R. 7947 is broader in scope to ensure courts alone have the primary and inherent authority to regulate and oversee the legal profession. By having this bill assigned to both the HFSC and HJC, we expand our reach and support for our industry.

While Congress is unlikely to move much legislation in the next 6 months, we will continue to amplify your voice and serve as a resource to legislators and their staff on Capitol Hill. 

The full text of the bill is not yet available as of this writing. Upon release it will be available at https://www.congress.gov/bill/118th-congress/house-bill/7947.