I don't want to stray away from the topic but this issue has come up a few times.
I am not a lawyer but don't think that you understand the law correctly David.
It is not illegal to discuss fees. It is illegal to fix prices. This is anti-trust law.
From Architectural ethics guidelines:
Quote:
Statement in Compliance With Antitrust Law
The following practices are not, in themselves, unethical, unprofessional, or contrary to any policy of The American Institute of Architects or any of its components:
(1) submitting, at any time, competitive bids or price quotations, including in circumstances where price is the sole or principal consideration in the selection of an architect;
You may have read this and misunderstood it's meaning.
Quote:
THE AMERICAN INSTITUTE OF ARCHITECTS
ANTITRUST COMPLIANCE GUIDELINES
Antitrust Guidelines
In all operations and activities of the Institute, you
must avoid any discussions or conduct that might
violate the antitrust laws or even raise an
appearance of impropriety. The following
guidelines will help you do that:
· Do not have discussions with other members
or competitors about any of the following
subjects (unless you’ve first consulted legal
counsel):
¨ your prices for products or services, or
prices charged by your competitors
This is a guideline to to help people avoid anti-trust problems. What it means is that it is better to not discuss prices because that takes away any possibility of breaking the law. It does not mean that it is illegal to discuss prices. Under anti-trust law it is illegal to collude. In other words if we all agreed to charge the same fee that would be illegal.
My guess is that it is closer to illegal to suggest regulations which require an architect to supervise all home design (if the intent was to raise prices) than any specific discussion on fees which we have ever had here.
But if I am wrong I will be happy to stand corrected if anyone has better knowledge of this issue.