<p>Ashernm, you're talking to me in econ-speak, yet I'd like to think that I am rather conversant in econ-speak as well. In fact, this entire discussion is really a discussion of market failures as they pertain to equilibrium engineering salaries, as they do not behave according to the free market principles that you cite.</p>
<p>Simply put, free markets work optimally only under certain specific conditions, and rarely are all those conditions met. Nobel Prizes were won by a number of economists, most notably Ken Arrow and Gerard Debreau, for their discoveries of when exactly do markets reach optimal equilibriums, * and when they do not *, and it was shown that a number of characteristics in tandem have to exist for a market to reach a socially optimal solution. Without ALL of the characteristics present, free markets will reach a suboptimal equilibrium solution, or will not reach a solution at all. </p>
<p>In particular, the 2 large characteristics that are missing in the market for newly minted lawyers are the absence of large social externalities and the absence of asymmetric information. Let's deal with the externalities first. Markets cannot, by themselves, cannot reach optimal equilibriums unless ALL costs and benefits, including social costs and benefits, are factored in. As AA pointed out, a tremendous social externality exists in the form of people who graduate from law schools but who cannot get law jobs, therefore imposing great costs on themselves (in the form of debt they cannot pay off) and to society (for example, the government student loans they took to go to law school that they cannot pay back). Couple that with the fact that many lawyers become ravenously hungry for money in order to pay off their debts and otherwise justify their investments in their legal educations, which serves to encourage, on the margins, the filing of frivolous lawsuits, and again, you have a demonstrated negative externality on society that is not properly captured by market movements. </p>
<p>However, the more interesting warping aspect of the market is the strong presence of asymmetric information. Simply put, law firms don't know who is going to be a good lawyer and who isn't. Every law student is going to claim to be a good lawyer, so the firms are unable to distinguish between those law students who are good enough to make partner and those who are mediocre, so they have no choice but to rely on market-making signals like graduation from a top law school, graduation at the top of your class, legal clerkship status, law review status, etc., as well as simply putting all of their associates through the gauntlet for years on end as a way of weeding off the chaff. These activities carry large negative externalities because it is extremely 'expensive' (in terms of money and effort) to generate these signals. Yet without these expensive signals, the market would never have been able to form at all. </p>
<p>For example, let's say that every single law student looked and acted exactly the same, so the guy who graduated #1 from Harvard Law was indistinguishable from the guy who graduated last from a no-name law school. In that case, many law firms would simply respond by not hiring any newly minted lawyers at all - and would simply resort to poaching proven lawyers from other law firms. That is evidence of a market failure - market transactions were possible because the law firm wanted to do some hiring, but couldn't because information was lacking about the candidates. Evidence of graduating from #1 from Harvard provides an information signal that allows a market to form, at least for that particular guy. But the point is, the market that is formed is highly imperfect, because of that lack of information. Markets work very suboptimally under asymmetric information, as demonstrated by the Nobel Prize winning work of Akerlof, Spence, and Stiglitz. </p>
<p>As Joseph Stiglitz himself said, NGO and government activities are often times responses to failures of free markets, and are attempts to reach a more optimal social equilibrium. There are practically no markets in the world that are allowed to develop willy-nilly, but are guided to at least some extent by the government or by NGO's in the form of regulation and other things, in response to failings of the free market. </p>
<p>I'll put it to you this way, ashernm. If free markets worked perfectly in this situation, then why is there ever any unemployment of newly minted lawyers? According to economic theory, any unemployment should immediately be compensated for by a drop in wages (prices) until equilibrium supply equals equilibrium demand. Hence, there should never be any unemployment of lawyers. So then why are there a significant portion of new lawyers who haven't found a job many months after graduation? That's evidence of a market failure. </p>
<p>I'll put it to you another way. If markets worked perfectly, then why even have a Bar exam at all? After all, if the market for legal services was perfect, then nobody would ever hire a lawyer who couldn't pass the Bar anyway, because everybody would have perfect information and so would know which lawyers are so bad that they wouldn't have been able to pass the Bar, and so those lawyers would never get any clients and so would immediately go out of business. So if that's the case, why even have the Bar? Why have the Bar if the market is working perfectly and those lawyers are going to be weeded out anyway? </p>
<p>The reason you have the Bar at all is because the market is highly imperfect, and in particular, large information asymmetries exist. Let's face it. If the Bar exam didn't exist, some completely incompetent lawyers really would be able to get clients because those clients wouldn't know that they're incompetent, and then those clients would be given incompetent legal representation. Either that, or clients would be so scared of hiring an incompetent lawyer that they would insist on hiring only the most venerable and prestigious law firms to represent them, thereby hurting all the small law firms. The reason why the Bar exam exists in the first place is to destroy some of the information asymmetries and allow the market to reach a more optimal solution.</p>