Law School Discussion

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Messages - jonlevy

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431
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

432
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.

Looks like you have to be resident in that jurisdiction though, no non resident attorneys will be admitted.


433
"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 .

434

"If they are making DL students look bad is that not a form of Defemation, even in unintentional?"

In a very loose way that could be defamation however I think there would be real problems establishing that DL graduate lawyers are a separate category of lawyers who were damaged in a tangible fashion.

"If not, couldn't you as a lawyer round up a group of their Grads to do a group suit for being sold a sack of BS?"

That might be considered to be unlawful running, capping, and soliciting in some jurisdictions.

Also, I doubt one would ever be able to collect on a judgment against them.


435
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.

436
Not saying a lawyer in general wouldn't seek work there, but if someone has that much ambition, why not take the ambition to get into an ABA school to begin with?

You have got to be kidding, right?  DL students have ten times more ambition, drive and experience than your average 23 year old ABA law school student.  You should stop drinking that ABA Kool Aid, next you will be telling me DL students go to DL schools because they can't get into a ABA school or are lazy?

People choose DL for a number of reasons including:

1.  They have a full-time job;
2.  They are precluded by geography from attending a ABA school.
3.  They have family responsibilites like children or elderly parents to take care of;
4.  They can't afford it.

Someone who cannot cut it academically at a ABA school is not going to pass the FYBE or the California Bar.

The whole point of this exercise is that once DL students pass the bar and begin their successful careers as attorneys they are denied for no good reason the same opportunities ABA graduates receive regardless of their merit.  We are looking opportunities here.

437
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.

438
Ok, how many Americans who don't have the desire to go to an ABA school do you honestly expect to have the desire to do that though?


Why not since so many opportunities are closed to us in the US?
Those are common law jurisdictions and major jurisdictions for commerce and finance. 

439
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.

440
First you need a plaintiff who has standing and the defendant can be sued in any jurisdiction where they do business if I understand your question correctly.  Just not liking them is not grounds to sue.

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