Law School Discussion

The question here is whether one can argue that DL schools are accredited by California.  My understanding is that they may not be, they are just registered with the state.  Therefore a potentilal issue would be convincing Maine that for the purposes of their statute registered means the same thing as state accredited or is of no consequence since the applicant already is a practicing attorney.

CAN ATTORNEYS ADMITTED IN ANOTHER STATE QUALIFY FOR A MODIFIED EXAMINATION?

Yes. The Maine Board of Bar Examiners offers two types of modified examinations, which are described in MBAR 10(e).

Under MBAR 10(e)(1)(i), if an attorney has been admitted by examination to practice in one or more jurisdictions in the United States and has been in the active practice of law for at least 3 of the preceding 5 years in a jurisdiction in which he or she is licensed, the attorney may elect to take only the first day of the Maine Bar Examination. In addition, these attorneys are not required to use a Multistate Bar Examination (MBE) score.

Under MBAR 10(e)(1)(ii), an applicant who has taken the Multistate Bar Examination (MBE) within 61 months prior to the current administration of the Maine examination may elect to take only the first day of the Maine Bar Examination and use the prior MBE score.

Under MBAR 10(e)(2), an applicant who qualifies under MBAR 10(e)(1)(i) or (ii) and who has a MBE score of 155 or better on an examination which the applicant passed, is qualified to elect to take only the first two questions on the Maine Bar Examination. These questions cover one or more of the following: Maine's Code of Professional Responsibility, Maine's Rules of Evidence and Maine's Rules of Civil, Appellate and Criminal Procedure

WHAT IF I ATTENDED A NON-ABA ACCREDITED LAW SCHOOL?

Maine Bar Admission Rule 10 (c) (3)) requires that applicants who graduate from a non-ABA accredited program must be admitted and practice in a jurisdiction for three years before they are eligible to sit for the Maine bar. MBAR 10(c)(3). Graduates of the Massachusetts School of Law are eligible to sit for the Maine bar exam if they have been admitted in Massachusetts and file a certificate of good standing with the Board:


(3) graduated from a law school accredited by the United States jurisdiction in
which it is located and has been admitted to practice by examination in one or more
jurisdictions within the United States and has been in active practice there for at least
3 years

"I am looking into DL schools too, but the list of reasons why they couldn't go to an ABA school are the same reasons that would limit their ability to leave the nation"

Circumstances change with time .

Good question, let's see why there is not a remedy for every wrong:

1.  There is no negligence because they don't owe me any duty of care.

2.  There is no contractual relationship with them.

3.  There is no intentional interference in my business affairs.

4.  There is no defamation.

I do not think there is any standing to sue, as a concerned citizen I could contact my state attorney general or the Federal Trade Commission and file a complaint.

American Samoa looks possible if one is a member of the DC bar (California has no reciprocity) and the reciprocity rule is interpreted as trumping the Education rule.

RULE 137. EDUCATION. The applicant must demonstrate the necessary qualifications of learning and ability by proof of having been admitted to practice law before the highest court of record of a State or Territory of the United States or of a foreign country where the English common law forms substantially the basis of that country's jurisprudence, and where English is the language of instruction and practice in the courts of that jurisdiction; provided that such prior Bar admission was premised upon proof of graduation from an accredited law school and successful completion of a bar examination or of equivalent indicia of learning and ability.

Effective August 29, 1989

RULE 138. RECIPROCITY. The fact that an applicant has practiced for a period of 2 years or more before the highest court of record in a State, Territory of the United States, or of a foreign country where the English common law forms substantially the basis of that country's jurisprudence, where English is the language of instruction and practice in the courts of that jurisdiction, and which State, Territory, or country extends reciprocity to American Samoa is prima facie evidence of the applicant's fitness to practice law in American Samoa and to be admitted to the Bar on reciprocity, reserving to the Standing Committee the power to review such circumstances as might be necessary.

I like the Washington rules on active legal experience since it does not tie one physically to practicing law in a particular jurisdiction physically.  These days, it is quite possible to be resident in a state and not licensed there and practicing Social Security or Immigration law which is tied to a nationwide federal practice.