Governor signs bill that would allow undocumented alien to be admitted to the bar in California

I previously reported that the California legislature approved a bill that would allow undocumented aliens to join the California bar (see here and go here for more on the case that prompted the bill). Now comes news that Governor Jerry Brown has signed the bill. Go to At the Lectern for more information. Thanks to the Legal Ethics Forum for the link.

 

California legislature passes bill permitting non-citizens to become California lawyers

Last year I posted a few links to articles on the debate on whether undocumented immigrant should be allowed to practice law (in California).  The California Supreme Court recently heard oral arguments, and I posted a link to the video of the oral argument and more articles here.

Now the JDJournal is reporting that the California Supreme Court rejected the candidate's argument holding that the federal laws that prohibited professional licenses to illegal immigrants also allowed state legislatures to carve out exemptions.  (I have not yet seen the opinion on this.)

But the  story does not end there.  In a somewhat surprising move, the California Legislature has approved a bill to allow law licenses to illegal immigrants.  Go to JDJ for more information.  (Thanks to the Legal Ethics Forum for the link.)

Oral argument on whether undocumented immigrant should be admitted to practice

Last year I posted a few links to articles on the debate on whether undocumented immigrant should be allowed to practice law (in California).  See here, here, here and here.  The case was finally heard by the Supreme Court of California and here is a link to the oral argument.  Also, take a look at the comments on the argument (and some predictions) at the Legal Ethics Forum.  There are more links there too.

NY Times article on character and fitness inquiries re mental health

Here is a link to a recent New York Times article on whether it is proper for character and fitness committees to ask about candidates' mental health history.

Thanks to Jourdan Levy for the link!

California follows New York in proposing mandatory pro bono for law students as pre-requisite for admission to the bar but not for attorneys

A task force of the State Bar of California has recommended that new attorneys be required to complete at 50 hours of pro bono service before they are admitted to practice. (Story in the National Law Journal, via Legal Ethics Forum).  This idea follows similar proposals in New York and New Jersey about which I have written several  times.  I can't say I am surprised by the proposal since it probably means well, but I am still not convinced it is a good idea.  Although some liked the idea in NY, most of the commentary I saw was negative.  For my previous comments (and lots of links) on this debate go here, here, here, here and here.

How not to (start the) practice of law: fail to disclose information during the admission process

I have not updated the on-going "how not practice law" series in a while, so I thought I'd revive it by mentioning a topic I have written about before because it does not hurt to remind students and recent graduates about it: Failing to disclose information as part of the bar admission process can affect your chances even if what you fail to disclose would not have.

The most recent example comes from the Florida Supreme Court, which recently revoked the admission of an attorney for lack of candor in his application for bar admission. In that case, the candidate had passed the bar exam, but questions were raised in the character and fitness process. The court's opinion explains the obligation to update and supplement answers and underscores the crucial importance of absolute candor in the admission process, as the information that was not disclosed here would likely not have prevented the applicant from becoming a member of the Florida Bar.

Thanks to the Legal Profession blog for the information.

NJ considering imposing pro bono requirement for admission (as in New York)

A working group appointed by the NJ Supreme Court has released a report and recommendations in which it urges the adoption of a 50 hour law-related pro bono service requirement as a condition of admission to the NJ Bar.  The proposed rule is modeled after, but not identical, to the recently adopted rule in New York.   For more information and description of the proposed rule go here and here.

It is interesting to note that, surprisingly, there was a good deal of negative reaction to the adoption of the rule in New York, particularly from proponents of pro-bono programs.  I believe these proposals do have good intentions, but I am not sure that they are needed nor that they are a good idea.  I am willing to be convinced but most of the arguments I have seen have been negative and pretty convincing.  For more go here, here and here.

How not to (start) the practice of law: cheat during the bar exam

A couple of years ago I reported on a case in which  the Appellate Division of New York's Supreme Court  affirmed a decision nullifying the results of a candidate's bar exam because it was determined that he or she was trying to cheat during the exam.  Today, Lowering the Bar is reporting on a case in which a candidate in Ohio will have to reapply for admission because she kept writing after time expired. This is despite the fact that she passed the test even after being given a zero on the most important question as a penalty.

Famous lawyer F. Lee Bailey denied admission in Maine

As readers of the blog probably know by now, it was recently reported that F. Lee Bailey has been denied admission in Maine, where he now resides.  He passed the bar exam, but a divided (5 to 4) State of Maine Board of Bar Examiners held that he did not meet his burden of demonstrating by clear and convincing evidence that he possesses the requisite good character and fitness necessary for admission to the Maine Bar.  For more go to Otherwise and the Legal Profession Blog.

NY approves proposal to require pro bono services as pre-requisite for admission to practice

Back in May I reported Now comes news that starting in 2013, candidates to admission in New York state will be required to show that they have performed at least 50 hours of law-related pro bono service as a requirement for admission to the New York state bar. (See here).  The proposal generated the never ending debate on whether pro bono should ever be mandatory.  For posts on some of the reaction to the proposal go here and here. 

Today, the proposal became law. Starting in 2015, aspiring lawyers in NY will first have to complete 50 hours of free legal service in order to practice law in the state. The new rule is the first of its kind in the country.  For more on the story go the Wall Street Journal law blog, Legal Ethics Forum and PR: a contemporary approach blog all of which have even more links.

Reminder: Aspiring Lawyers Should Not Engage in Terrorism

Reminder: Aspiring Lawyers Should Not Engage in Terrorism. Lowering the Bar explains here.

More on the controversy over Stephen Glass' request for admission to the bar - UPDATED

Almost a year ago I wrote about the controversy over the request for admission to the bar by Stephen Glass, a former journalist who was exposed for having falsified many of the stories he wrote for important national magazines over the years - including some he wrote while attending law school.  See my original comment on the case here.  The case is now before the California Supreme Court.

For an argument in favor of admission go here. For arguments against admission go here and here.

The Washington Post has more on the story here.  Here is a link to the 1998 Vanity Fair article Shattered Glass which offers a detailed account of the history behind this case.  The article was later turned into a film of the same name.

LA Times article on whether undocumented immigrant should be allowed to practice law

A few days ago I posted a few links to articles on the debate on whether undocumented immigrant should be allowed to practice law (see here).  Here is the latest - in the Los Angeles Times.

Debate continues as to whether undocumented immigrant should be allowed to practice law; Dept. of Justice says no

Back in May (and later in June), I posted links to the debate in California as to whether an illegal immigrant should be allowed to practice law (see here and here.)  After the State Bar of California argued that an illegal immigrant should be eligible to practice law, the court asked the Obama administration to submit written arguments n the issue.  The Department of Justice has now complied taking the position that illegal immigrants should not be allowed to practice law.  For more information on the story go to the JURIST, the Legal Ethics Forum, The Wall Street Journal law blog, the Mercury News, the San Francisco Chronicle and Reuters. 

State Bar of California supports illegal immigrant seeking bar admission

Last month I posted links to the debate in California as to whether an illegal immigrant should be allowed to practice law (see here).  The issue has not yet decided but the State Bar of California has filed its position in the case arguing that an illegal immigrant who passes the bar exam and demonstrates good moral character should be eligible to practice law. The court has also asked state Attorney General Kamala Harris, the Obama administration and other interested parties to submit written arguments in Garcia's case. It has not yet scheduled a hearing. Go here for more on the story.

ABA Commission on Ethics 20/20 is seeking comments on a newly released Issues Paper

The ABA Commission on Ethics 20/20 is seeking comments on a newly released Issues Paper entitled "Issues Paper Concerning Model Rule of Professional Conduct 5.5 and the Limits of Virtual Presence in a Jurisdiction."  The Commission’s Working Group on Conflicts of Interest, Uniformity and Choice of Law developed this paper. The Commission has taken no position regarding the issues raised or questions posed therein. Your comments will assist the Commission in its consideration of these issues.  Please e-mail your responses by July 31, 2012, to Senior Research Paralegal Natalia Vera at Natalia.Vera@americanbar.org. Comments and submissions may be posted to the Commission’s website.

Should an illegal immigrant - undocumented worker be admitted to the California bar?

At How Appealing, Howard Bashman rounds up articles about a pending application to the State Bar of California:

"Court to review request of illegal immigrant to practice law; A paralegal who was brought to the United States as a young child has been certified by the State Bar of California, raising broader questions about licensing illegal immigrants in other professions": Maura Dolan has this article today in The Los Angeles Times. In today's edition of The San Francisco Chronicle, Bob Egelko reports that "Court to decide if illegal immigrant can practice law."  And Howard Mintz of The San Jose Mercury News reports that "California Supreme Court to decide if illegal immigrant can practice law."

Thanks to John Steele of the Legal Ethics Forum for the link.

Suggestions on how to make sure the mandatory pro bono program in NY is a success

A couple of weeks ago I reported that starting in 2013, candidates to admission in New York state will be required to show that they have performed at least 50 hours of law-related pro bono service as a requirement for admission to the New York state bar.  See here.  Then I reported on the fact that not everyone liked the idea. See here.

Now there's more.  Esther F. Lardent, the president and chief executive officer of the Pro Bono Institute in Washington, has written an article with suggestions on how to make sure New York's program works effectively.  You can read the full article here.

More on the new pro bono requirement in New York

Yesterday I wrote (here) that starting in 2013, candidates to admission in New York state will be required to show that they have performed at least 50 hours of law-related pro bono service as a requirement for admission to the New York state bar. The Wall Street Journal has a short piece on this here.  But the more interesting comment on this I have seen is over at My Shingle.com, a blog mostly dedicated to discuss issues related to the practice of law by solo practitioners.

In that comment, the author makes a good argument that  the new pro-bono requirement discriminates against solos and is unfair to new lawyers.  She argues, in part, that

. . .  given that law students are graduating deeply in debt, shouldn’t they focus on paying work . . . rather than working for free. Moreover, if students or new grads are going to work for free and haven’t yet found a job, isn’t it more sensible for them to spend their time finding paying work than doing pro bono?

Second, who’s going to supervise all of this unpaid labor? Have we forgotten that at the height of big law layoffs, displaced associates and unemployed lawyers flooded legal aid offices and couldn’t find work for free. Why should it be different now?

Third, . . . Isn’t it enough that many of the lawyers of my generation or older completely wrecked the legal profession by racking up huge profits-per-partner with a sense of arrogance . . .  I am outraged and offended that wealthy lawyers are passing the buck to those just starting out. Pro bono may be one of our professional obligations, but so too is training and mentoring and helping the next generation of lawyers – not making them the fall guys for our mistakes.

Although this ill-conceived program adversely impacts all lawyers, needless to say, it harms solo lawyers most of all. The New York Bar President anticipates that some new graduates will satisfy the pro bono requirement after they’ve taken the bar exam and have started working in paid positions. Uh – new solos don’t have that luxury – starting out, many solos will take any work to make ends meet as they prepare to start a firm. While it’s true that taking a pro bono or CLE can help new solos gain training, if a solo to be has a chance to do paid work for a lawyer, he or she need to jump on it because there’s no telling where the next pay check will come from.

You can read the full argument here.

New York to require pro bono service as requirement to admission to the bar

In my previous post I reported that the California bar is considering whether to impose a practical skills training requirement on lawyers applying for admission.  Now comes news that starting in 2013, candidates to admission in New York state will be required to show that they have performed at least 50 hours of law-related pro bono service as a requirement for admission to the New York state bar.  It will be up to the Committees on Character and Fitness to ensure that applicants have properly completed their pro bono requirement. Go here and here for more details and readers' comments.  The New York Times also has an editorial on this here.

I think the proposal has good intentions, but it may create a problem: law schools will have to create and provide those pro bono opportunities which will require them to  expand their clinical programs.  This costs money and that cost will be passed on to the students.