1 Guardians of the BAR A Comparative Look at How US States and Other Countries Restrict Access to the Practice of Law. Richard Meyer
2 Dear Europe, We really need to talk.
3 Four Signs That You Are In A Controlling And Manipulative RelationshipThey Criticize Lots Of Small Things That You Do They Don't Trust You They Spend A Lot Of Time Talking About Protecting You They Make You Question Your Sanity (The slang term is a crazy maker) Is the United States Europe’s Crazy Maker?
4 How To Spot Crazy-MakersThey are selfish They are never wrong… EVER! They throw tantrums They irritate you ‘accidentally’ on purpose Nobody bosses them around because they are the Boss, obviously!
5 Answering the Question From YesterdayThe USA is the crazy maker in the relationship The crazy maker in a relationship controls it. The USA can’t be troubled to learn more than one language. THEREFORE Legal Education Must Occur In English. Why study a second language when you already know the RIGHT one?
6 The Customary U.S. Path to Legal PracticeRemember that the United States has fifty-six separate jurisdictions/bars 50 U.S. States The District of Columbia The U.S. Virgin Islands Guam Puerto Rico The Northern Mariana Islands The Republic of Palau AND The Federal Bar
7 The Customary U.S. Path to Legal PracticeStep One – The Undergraduate Degree in… Pre-Law Political Science History Basket Weaving French Literature of the Inter-War Period ALL OF THE ABOVE! Any 4 year undergraduate degree satisfies this requirement.
8 The Customary U.S. Path to Legal PracticeStep Two – The Juris Doctor Degree (JD) [nee’ LLB] - The JD is called a “professional” degree - If you get a JD from a law school accredited by the American Bar Association (ABA) you are eligible to sit for the bar exam in every U.S. jurisdiction. Currently there are 203 ABA accredited law schools) - Four US Jurisdictions allow graduates from unaccredited law schools IN THAT STATE to sit for the bar exam as well. There are 44 non accredited law schools in the United States. Alabama has 2 unaccredited law schools, Massachusetts & Tennessee each have one and the other 40 are all in California.
9 The Customary U.S. Path to Legal PracticeStep Three – The Ethics Exam - In 53 of the 56 U.S. jurisdictions this is the Multi-State Professional Responsibility Exam (MPRE) - Puerto Rico Maryland & Wisconsin have their own Ethics exams. - The Ethics exams have about a 90% pass rate
10 The Customary U.S. Path to Legal PracticeStep Four – The Good Moral Standing Review - National Records Review to ensure that the applicant does not have a felony conviction. - Recommendations as to good moral standing from two experienced members of that bar. - Some states require an interview. - Note that Law School Dean’s are professionally (ethically) required to notify any bar of any founded allegations of academic misconduct (or lack thereof).
11 The Customary U.S. Path to Legal PracticeStep Five – The Bar Exam - Bar exams normally have a minimum of two parts: A multiple choice exam and an essay exam - 54 of 56 US jurisdictions use the Multi-State Bar Exam for the multiple choice portion of the exam (all except Louisiana & Puerto Rico) - State law is normally tested in the essay portion of the exam but this is rarely the deciding factor. - 16 states (including New York) now use the Uniform Bar Exam that allows for ‘portable’ scores. - One state (Wisconsin) still has diploma privilege… all graduates of a law school in Wisconsin are not required to take a bar exam to be admitted to practice law. - Five states still allow admission to practice based upon ‘reading the law’ under the tutelage of a practicing lawyer or judge for an extended period of time (California, Vermont, Virginia, Washington, & Wyoming)
12 The Customary U.S. Path to Legal PracticeStep Six – Get Sworn In. That is it.
13 The Customary U.S. Path to Legal PracticeSummary - All qualifying legal education is at the graduate level for a minimum of three years - There is no internship or tutelage requirement - There is not citizenship or residency requirement - There is no age requirement
14 The ALTERNATIVE Path to Legal PracticeForeign Lawyers and Graduates of Foreign Law Schools may also become eligible for bar admission in many US jurisdictions (34 of 56 jurisdictions including New York, California, DC, Washington, Wisconsin, Tennessee, Louisiana, Ohio, Alabama… - Applicants must be either admitted to practice in their home country OR be academically eligible to practice. - There are two paths: Equivalency Review or Additional Education
15 The ALTERNATIVE Path to Legal PracticeEquivalency Review This is the traditional route and is a vestige of our time as part of the British Commonwealth. Applicants must come from a Common Law country and show that the sum of their legal education is equivalent to that of a U.S. JD degree.
16 The ALTERNATIVE Path to Legal PracticeAdditional Education This is the modern route that continues to be accepted by US jurisdictions. Applicants normally get an LL.M. degree from an ABA accredited law school. LL.M. degree programs are NOT accredited by the ABA!!! Most states that allow for the LL.M. degree option require credits of legal education (for reference, a US JD student takes 30 credits per year)
17 The ALTERNATIVE Path to Legal PracticeAdditional Education (Continued) Previously states like New York & California did not regulate the content of these degrees, but that has changed significantly in the last 15 years. To qualify, classes are generally required to be regular JD classes held on campus during regular semesters No distance learning Limited hours of clinical instruction Limited hours earned during a summer semester The majority of classes must be taken in bar topics and include a writing and ethics course.
18 WARNING: The Crazy Maker Controls the Relationship
19 WARNING: The Crazy Maker Controls the RelationshipCountries around the globe are moving to the JD model (e.g. Canada, Australia, Japan, Korea…) The global approach to legal education is inevitable. US jurisdictions that allow LL.M. qualification for practice have more than doubled in the last 25 years. Countries are moving from a citizenship requirement to a residency requirement. The EU has the Diplomas Directive (Directive no. 89/48/EEC) that creates a system very similar to our Federal Bar system.
20 WARNING: The Crazy Maker Controls the RelationshipThe Crazy Maker Controls Hollywood!!!
21 One Final Answer Why BREXIT?
22 No One Actually Knows How to Speak English!I thought BREXIT was about the political and economic relationship between the United Kingdom and the European Union. I WAS WRONG.
23 Major BREXIT Promoter Andrew RT Davies“Mark my words… we WILL make breakfast … BREXIT a success.”
24 “The government is hurtling towards… yes a chaotic breakfast…BREXIT ”Labour Party leader and Shadow Chancellor of the Exchequer John McDonnell “The government is hurtling towards… yes a chaotic breakfast…BREXIT ”
25 First Minister Nicola Sturgeon“She [the prime minister] said earlier in the week that BREXIT means breakfast.” ”
26 Former ELFA President Laurence Gormley on April 20, 2017:“No one is sure of what will happen after breakfast… BREXIT… we will be studying and talking about breakfa … BREXIT for a while.”
27 No Brit I have ever met would even consider voting against breakfast!
28 Questions?