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Goldfarb v. Virginia State Bar
''Goldfarb v. Virginia State Bar'', 421 U.S. 773 (1975) was a U.S. Supreme Court decision. It stated that lawyers engage in "trade or commerce" and hence ended the legal profession's exemption from antitrust laws.
==Facts==
In 1971, Goldfarb and his wife decided to buy a house in Fairfax County, Virginia. To get a mortgage, they needed to perform a title search on the house, which can only be performed by a lawyer i.e. a member of the Virginia State Bar. Goldfarb contacted a lawyer, who quoted him a price suggested in a minimum-fee schedule published by the Fairfax County Bar Association, which was 1% of the property's value. Goldfarb attempted to find a cheaper quote. He sent 36 letters to other lawyers and received 19 responses, all declining to quote a fee lower than the minimum-fee schedule suggests. Some said that they did not know of any attorney who would do so. Unable to find a lower price, Goldfarb agreed to the 1% quote and subsequently sued both the State Bar and the County Bar alleging that the fee schedule amounted to price-fixing and a violation of Section 1 of the Sherman Antitrust Act, seeking both injunctive relief and damages.
The minimum-fee schedule was a list of prices, suggested by the county bar for various basic legal services, such as wills, marriage contracts, and title searches. The enforcement power lay in the hands of the State Bar, which was the administrative agency used by the Supreme Court of Virginia to regulate the legal profession. Without a license from the State Bar, no one can practice law in Virginia. The State Bar did not compel adherence to this fee schedule, but it had published several reports condoning the practice and had opined that habitual violation of the minimum-fee schedule suggests misconduct on the part of the lawyer.
抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』
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