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Wednesday, June 14, 2023
Admitting Legislation Grads By Bar Examination Versus By A Diploma Privilege: A Comparability Of Client Safety
William Wesley Patton (USC Legislation & UCLA Drugs; Google Scholar), Admitting Legislation Graduates by Bar Examination Versus by a Diploma Privilege: A Comparability of Client Safety, 45 J. Authorized Prof. 243 (2021):
State bar associations for many years have justified growing the rigorousness of their bar examinations as a vital measure for assuring client safety. Nonetheless, no state has supplied knowledge primarily based empirical proof that growing the problem of a bar examination has a direct correlation with growing client safety (reducing legal professional self-discipline primarily based upon incompetency and/or moral violations). This examine of the Wisconsin State Bar disciplinary system demonstrates that there’s little distinction within the safety of the general public between admitting regulation college students to the apply of regulation by a diploma privilege versus requiring passage of a bar examination.
Conclusion
This evaluation has offered an excessive amount of empirical knowledge that demonstrates that there’s little or no distinction between the extent of safety supplied to the general public whether or not an legal professional is admitted pursuant to having handed a bar examination or admitted through a diploma privilege just like the one applied in Wisconsin. As this examine has demonstrated, for the reason that basic bar examination assessments only a few points {of professional} duty that type the majority of the varieties of state bar disciplinary sanctions, it shouldn’t be shocking that these admitted pursuant to a diploma privilege don’t pose a higher threat to shoppers. Since there aren’t any peer-reviewed research relating to the correlation between state bar disciplinary proceedings and regulation graduates’ class rank and nationwide rating of regulation college attended, it’s tough to debate nuances that is likely to be added to the diploma privilege to supply the general public with a extra intuitive or reasoned evaluation of client security. Future analysis wants to look at whether or not or how the Wisconsin diploma privilege mannequin will be expanded to different states and whether or not it can be expanded to incorporate out-of-state regulation graduates. Nonetheless, primarily based on the exigency of the Covid-19 pandemic a number of states have already adopted a short lived diploma privilege bar admission protocol.
https://taxprof.typepad.com/taxprof_blog/2023/06/admitting-law-grads-by-bar-exam-versus-by-a-diploma-privilege-a-comparison-of-consumer-protection.html
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