« on: August 19, 2015, 04:44:09 PM »
Sorry, I meant "notarios" not notaries. Notaries are fine.
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I have heard this proposal floated by various libertarians. It would involve some combination of the following-
-Anyone can practice law. No restrictions. No UPL charges.
-Changing the various rules and statutes that privilege attorneys.
-People that want to learn what they are doing can go to school, etc. There could be voluntary organizations (such as the ABA) that an attorney could apply to, or take an exam with, and then advertise. "I'm ABA-certified!"
-Use the tort system (malpractice) to enforce standards.
I agree that non ABA should have to sit it, but other than that. Meh.
Honestly, I think only non ABA grads should have to take it. Wisconsin has the right idea.
How many lawyers actually orally argue cases in front of a judge, though?
If anything to make it more realistic there should be some kind of oral requirement on the bar I can't tell you how many times I have been in court and seen licensed attorneys unable to articulate a sentence in front of a judge. Or ramble on so incoherently that all hope for the case is lost.