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Messages - jonlevy

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471
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.

472
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.

473
In reality how many Americans plan to move to another country to practice though?

You do not need to be resident to practice. You can fly in or apply the law of that jurisidiction as needed for clients.  Over 200 US licensed English solicitors are in the US.

http://www.lawsociety.org.uk/choosingandusing/findasolicitor/action=lawfirmsearch.law?startrow=51&COUNTRY=UNITED STATES OF AMERICA&PANELMEM=&LAWFIRM=

474
Being incorporated in the RMI (Republic of the Marshall Islands) means nothing except someone incorporated an offshore company. It in no way implies any approval by the RMI. And I can assure you, no one from Novus is resident in the RMI. I would say it is a gray area at best - diploma mills are one reason why DL and correspondence law degrees are held in such disrepute. Places like Novus make it harder for everyone who is pursuing a legitimate DL law degree and seeking to practice law because ignorant and biased people fail to realize the difference between studying law for a degree and just paying money for a diploma.

475
British Virgin Islands:
www.eccourts.org/ecsc40/vm/bvi/HowtoBecomeaBVILawyer.pdf

Alternatively, foreign qualified lawyers wishing to become licensed in the Caribbean Region (in contrast to being admitted in England & Wales) may choose to take a six month conversion course regulated by the Council of Legal Education of the West Indies. This course can be taken at the Norman Manley Law School in Jamaica, the Hugh Wooding Law School in Trinidad or the Eugene Dupuch Law School in the Bahamas.

But you will need a local sponsor to get a motion for admission before the court.

476
5 years PQE apparently permits one to take the attorney exam in Maryland regardless of degree:

http://www.courts.state.md.us/ble/pdfs/baradmissionrules.pdf

Rule 13. OUT-OF-STATE ATTORNEYS
(a) Eligibility for Admission by Attorney Examination--Generally
A person is eligible for admission to the Bar of this State under this Rule if the person
(1) is a member of the Bar of a state;
(2) has passed a written bar examination in a state;
(3) has the professional experience required by this Rule;
(4) successfully completes the attorney examination prescribed by this Rule; and
(5) possesses the good moral character and fitness necessary for the practice of l

477
Wisconsin looks possible:

SCR 40.02 Qualifications generally.
A person who meets all of the following qualifications shall be
admitted to practice law in this state by order of the supreme court:
(1) Has attained the age of majority under the law of this state.
(2) Satisfies the legal competence requirements by diploma
privilege (SCR 40.03), bar examination (SCR 40.04) or proof of
practice elsewhere (SCR 40.05).


SCR 40.05 Legal competence requirement: Proof of practice.
(1) An applicant shall satisfy the legal competence requirement
by presenting to the clerk certification of the board that the applicant
has provided all of the following:
(a) Proof of admission to practice law by a court of last resort in
any other state or territory or the District of Columbia.
(b) Proof that the applicant has been substantially engaged in
the practice of law in a state or territory, the federal government or the
District of Columbia for 3 years within the last 5 years prior to filing
application for admission. A lawyer may satisfy this requirement by
proof of practice in more than a single jurisdiction and under more than
one provision of this rule.

478
Non ABA is not what we are looking for - we are looking for online and correspondence admissions.

Here's the Iowa (on of the good ones) admits with only 5 years PQE without discrimination as to degree:


http://www.iowacourtsonline.org/Professional_Regulation/Bar_Admission__Practice_Rules/Admission_without_Examination/
Applying for Admission without Examination

Iowa offers admission without examination (admission on motion) for attorneys licensed in another state or the District of Columbia who can demonstrate a prolonged period of the actual practice of law without significant character or fitness problems.

 

What are the basic requirements for admission on motion?


The applicant must:

 
         have been admitted to another state of the United States or the District of Columbia,

         have practiced law five full years while licensed within the seven years immediately preceding the date of the application and still holds a law license, 

         be of good moral character, and

         file a certificate of admission, a certificate of regular practice, a certificate of good moral character, and a completed fingerprint card with the Office of Professional Regulation.

 
Who is not eligible for admission on motion?

An applicant is not eligible for admission on motion if:

         the applicant is currently subject to lawyer discipline in another jurisdiction, 

         the applicant failed the Iowa bar examination within five years of the date of the application, or

         the applicant has failed five or more bar examinations.   


479
In Texas, my understanding is that you are allowed to sit for the Texas bar if you practiced 3 out of 5 in California previously.  Although it's not the same as being automatically admitted to the bar, the degree, plus the experience requirement, allows you to sit for the bar exam.

I wish that were true but alas not:

http://www.ble.state.tx.us/FAQ/main_faq.htm

Does Texas recognize J.D. degrees from correspondence or online based law schools?

No. See the following rules in the Rules Governing Admission to the Bar of Texas: III and XIII(a)(2).


4. Can a person from a non-ABA approved law school apply to Texas, assuming the law school is a non-correspondence law school?

Yes, but only if they meet the following requirements:

(a) hold an active, valid law license in another U.S. jurisdiction, and

(b) has practiced in that jurisdiction for a three (3) year period within the previous five (5) calendar years immediately preceding filing an application with this office.

Having these qualifications may enable the applicant to be eligible for the full bar examination. See the Board's U.S. Attorney Admission page.  Recent graduates of non-ABA approved law schools not based on study by correspondence are not eligible to take the Texas Bar Examination.  Foreign-educated attorneys should refer to the Board's Foreign Attorney Admission page for more information.

480
The general proviso written into most bar admission rules is that correspondence school graduates and presumably DL grads cannot qualify under most exceptions that might be available to non ABA grads in general.

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