Attorneys

AuthorRichard Leiter
Pages9-29

Page 9

Legal Education and Admission to the Bar

When the American Bar Association (ABA) was founded a little more than one hundred years ago, its first priority was to set standards for legal education. Its Section on Legal Education and Admission to the Bar immediately set out to accredit law schools and monitor the quality of the legal education each school provided. The purpose was to guard against widely varying levels of preparedness and education and, thus, professionalism, among attorneys.

What has become a near-universal requirement for becoming a lawyer is possession of a diploma from an ABA-accredited law school, which allows a law school graduate to take the bar examination in any state. Few states permit graduates of non-ABA accredited law schools to sit for their own bar exams, though California allows individuals who have not attended law school but have diligently and in good faith studied law for at least four years to sit for its bar exam. New York, Vermont, Washington, and Wyoming also have conditions under which individuals who have not graduated from law school may sit for the bar exam. But by and large a law degree is necessary to take the bar exam, and in most cases it must be from an ABA-accredited school.

Many states allow reciprocity to attorneys already admitted to the bar in other states, while some place various restrictions upon attorneys admitted outside their jurisdictions, such as requiring attorneys admitted elsewhere to have actively been in practice for a certain number of years before s/he can be admitted without an examination. In general, reciprocity is permitted in two ways: accepting the Multistate Bar Examination (MBE) score; or admitting on motion. States that do not permit attorneys from other jurisdictions to be admitted without examination require them to take a special or abbreviated exam. These states have a large number of attorneys and maintain that the requirement of the bar exam limits the numbers of attorneys coming into the state.

A very recent change in bar exam testing is the addition of a new test called the Multistate Performance Test (MPT). This test is designed to test reading, logical thinking, research and writing skills. As of the publication date over half the states have adopted the new MPT.

Many states have responded to the lack of practical skills among some members of the bar by requiring every attorney to take a required number of continuing legal education courses each year. Mandatory Continuing Legal Education (MCLE) generally focuses on areas of the law that are undergoing rapid, dramatic changes or on areas that strengthen practical skills. Though only about two-thirds of the states have MCLE requirements to date, the trend is clearly to require such ongoing education and MCLE is likely to be a universal requirement in the future.

Page 10

Table 2: Attorneys
State/Code Section Education Age Exam Reciprocity MCLE Admitting Body Residency
Note: ABA = American Bar Association; AALS = American Association of Law Schools; MBE = Multistate Bar Examination; MCLE = Mandatory Continuing Legal Education; MEE = Multistate Essay Exam; MPRE = Multistate Professional Responsibility Examination
ALABAMA S.Ct. Rule for Mandatory C.L.E. 1, etseq.; 34-3-1, et seq.; S.Ct. Rules governing admission to bar Law school: graduation after at least 3 yrs. of 30 wks. each from ABA or AALS approved school or graduation after 4 yrs. of 30 wks. each from Birmingham School of Law, Jones Law Inst. or Miles College School of Law; Undergraduate: graduation from any accredited college or university 19 MBE, including MPRE Scaled Score 75, MPT, and essay exam; multistate score from another jurisdiction accepted for 20 mos. if equal or better than national median; 3 days Professors who have taught for 3 yrs. at accredited Alabama law schools and who are admitted in another state may apply for admission without exam; may be admitted without exam if actively practiced 5 out of 6 years and passed exam of reciprocal state 12 hrs. each calendar year Board of Bar Examiners None
ALASKA 08.08.010, etseq. Alaska Bar Rules Law school: ABA or AALS accredited law school or graduate of non-accredited school who has practiced in another jurisdiction for at least 5 yrs; one may register as law clerk to qualify as applicant without completing law school by presenting proof of bachelor’s degree and completion of first year of law school; must have regular full-time employment with Alaska judge or attorney, tutor, and meet other specified study requirements 18 MBE and essay on Alaska law and Alaska practicum; MPT, MPRE administered separately also required; MBE scores from other jurisdictions not transferable; 3 days May be admitted without exam if practiced 5 out of 7 years and passed exam in reciprocal state No Board of Governors None required
ARIZONA Sup. Ct. Rules 31-80 Law school: ABA accredited or actively practiced 5 of last 7 yrs. in another state 21 MBE and essays on Arizona law; MPRE Scaled Score 85 and essay; 2 days Exam required by all applicants. Appearing Ad hoc permitted Rule 33(c) 15 hrs. per year, 3 must concern legal ethics Supreme Court None

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State/Code Section Education Age Exam Reciprocity MCLE Admitting Body Residency
ARKANSAS 16-22-201, et seq.; Ark. Rule for CLE 3; Rules Governing Adm. to Bar Law school: approved by ABA 21 unless graduate of accredited, recognized, or Class A law school MBE and essay MPRE unlimited number; MPT; 3 days Exam required by all applicants Resident: 12 hrs. annually; Nonresident: must comply to requirements of their state and file annual certificate of completion Courts of state; Board of Law Examiners None
CALIFORNIA Bus. & Prof. §§6060, et seq.; §§6070, et seq. Law school: Graduate from law school accredited by examination committee full-time for 3 yrs. or part time for 4 yrs. or proof applicant has otherwise diligently and in good faith studied law for at least 4 yrs; students at unaccredited law school must take preliminary bar exam at end of first year of law school; undergraduate: 2 yrs. or apparent intellectual ability equivalent to 2 yrs. of college work 18 MBE, essay, and MPRE Scaled Score 79, 3 day exam Must: (1) meet age and moral character requirements; (2) be admitted before highest court in sister state or foreign country; (3) have actively engaged in practice of law 4 of last 6 yrs.; (4) may have to take attorney exam 25 hrs. every 36 months, of which 4 hrs. must be legal ethics, 1 must concern substance abuse, 1 must concern elimination of bias. Supreme Court None
COLORADO CRCP Rules 201, 260; 12-5-101 Law school: Class A: First professional degree from ABA-approved law school; Class B: ABA-approved or state-approved or common law English speaking nation, if portion of legal education from foreign jurisdiction, must graduate from ABA-approved school or, if graduate of state accredited school, then applicant must be admitted in state and have practiced law 5 of 7 yrs. Class A: MPRE; Class B: MBE and additional subjects, MPRE Scaled Score 85; MPT; 2 days Class A applicant: admitted in another jurisdiction and actively practiced for 5 of last 7 yrs. or scored 152 (scaled) on MBE within last 2 yrs.; Class B applicant: all others, must take written exam, MBE, MPRE, essay 45 units every 3 yrs., 7 units must be ethics Supreme Court

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State/Code Section Education Age Exam Reciprocity MCLE Admitting Body Residency
CONNECTICUT Rules of Prac. for Sup. Ct. Gen. Provisions §§ 2 et seq., §§12, et seq. Law school: graduate of school accredited by committee or Master of Laws from accredited school; must have passed professional responsibility exam or course 18 2 day exam, MBE, and essay; MBE scores not transferable; no limit to number of times; MPRE Scaled Score 80 or “C” or better in an ethics course (1) Passed course or exam in professional responsibility; (2) Licensed to practice in a reciprocal state or territory of U.S. or in D.C. and (A) Practiced at least 5 of 7 yrs. preceding application to Conn. Bar and is in good standing, or (B) If ever failed Conn. BAr, practiced at least 5 of 7 yrs. preceding application in reciprocal state and is in good standing, providing 5 yrs. of practice occurred subsequent to last time applicant failed the Conn. Bar. None Superior Court Must show intent to practice in state
DELAWARE Sup. Ct. Rules 52, 70; Rules for Mandatory CLE 4; Board of Bar Examiners Rules 13 Law school: baccalaureate law degree or equivalent from ABA approved law school; Undergraduate: baccalaureate degree or equivalent or pass exam determined by board 21 MBE and essay; Rule 52 (6), MPRE Scaled Score 85; MPT; 2½ days None; exam required of all applicants 24 hrs. every 2 yrs.; 4 must be legal ethics Supreme Court on recommendation of board of 12 examiners 5 mos. clerk-ship in Delaware required for admission

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State/Code Section Education Age Exam Reciprocity MCLE Admitting Body Residency
DISTRICT OF COLUMBIA D.C. Ct. App. Rule 46 Law school: ABA approved law school or if not, 26 semester hrs. at accredited school MBE, essay, and MPRE Scaled Score 75; MBE score from other jurisdictions may be transferred; MPT; 2 days (1) Active member in good standing of other jurisdiction for five years immediately preceding the application to DC, or (2) J.D. or LL.B. from accredited school, admitted to any state or territory with at least 133 scaled score on MBE, and passed MPRE; must apply within 25 mos. of MBE None D.C. Court of Appeals
FLORIDA Rules Re Fla. Bar 6-10.3; Rules of S.Ct. relating to admission to the bar Art. III, VI Law school: graduate of ABA approved law school; Undergraduate: bachelor degree from regionally accredited school 18 MBE, essay, and MPRE Scaled Score 80; MBE scores not transferable; 2 day exam None; exam required of all applicants 30 credit hrs. every 3 yrs., 5 in ethics, professionalism, or substance abuse Supreme Court
GEORGIA 15-19-30, et seq.; State Bar Rules & (2-101) Regs R.8-104; Rules Governing Adm. to Prac. of Law
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