On Nov. 10, the Georgia Supreme Court made it more costly for Georgians to become homeowners. The court ruled that notaries and other non-attorneys can't provide real estate closing services. That decision to protect lawyers' turf will add to the cost of a home for many Georgians.

Notary closings, in which a notary, rather than a lawyer, administers the signing of documents, provide many benefits to home buyers. The greatest of those is reduced cost. In addition, where there is competition among service providers, economics dictate that prices will fall.

The lawyer monopoly on closings allows them a steady income through a guaranteed share of closing costs at every home purchase. Without competition, they don't have to provide the level of service home buyers deserve.

The state bar and the state Supreme Court insist the prohibition on notary closings is for the protection of the home buyer. They claim attorneys are held accountable to consumers through legal malpractice claims and bar disciplinary action.

However, consumers are unlikely to go to the time and expense of a legal malpractice claim over a few hundred dollars. And the disciplinary system is a misnomer, as it rarely imposes any actual discipline.

Using a lawyer is no safer than using any other service provider. Furthermore, home buyers are already protected by title insurance, state and federal regulations governing the home buying process, and a bank's interest in avoiding glitches in the transaction.

The U.S. Department of Justice and the Federal Trade Commission have already warned Georgia that refusal to permit competition with attorneys in the provision of closing services may run afoul of antitrust laws.

It falls to the Georgia legislature to avert the threat of federal antitrust enforcement and protect consumer choice by passing legislation allowing consumers to use non-lawyers for this administrative function.

If the legislature fails to do so, it too, will be insisting that lawyers know home buyers' best interests better than home buyers themselves.

THOMAS M. GORDON
Senior Counsel
HALT Inc.
An Organization of Americans For Legal Reform
Washington, D.C.