![]() This speaks to the need for more data, and more natural experiments for states bold enough to recognize their own BLE fallibility. Professors Robert Anderson and Derek Muller in their article “ The High Cost of Lowering the Bar” have predicted that lowering the California bar exam required passing score will lead to an increase in California malpractice, based upon examining disciplined lawyers and their alma mater’s scores. We want to know your views on law firm policies and culture. (Sorry my friends in Austin, I couldn’t figure out anything for you here. ![]() But that’s not the same as practicing in Dallas (“Texas’ California”) or Houston (“Texas’ New York”). It’s not like Wisconsin - heart of diploma privilege - has a rash of professional misconduct. We don’t have that natural experiment just yet. To the extent we cling to the near-religious belief that the bar is a test of competence, the less likely we will be to discover the science that tells us from where incompetence comes. To the extent that students pass the bar and are in more dire circumstances, are they more inclined to engage in misconduct? It is possible that the bar exam itself create more costs than benefits to the public overall than alternatives like diploma privilege. In other words, there are costs to the bar exam, such as bar prep payments, that may ALSO impact the overall public. The right question to ask might be whether there is a less restrictive alternative that either maintains the same level of benefit to the public or increases it. If that’s the case, what’s the benefit to the public? Actually, that might be the wrong question to ask. The Texas bar really doesn’t keep people out over time. It would be curious as to what argument suggests that more studying for a one-time test would make one more competent to practice law than the prior year. (Please see ABA Data, attached.) An even higher percentage pass the Texas Bar Exam on a later attempt.” In other words, to the extent that the Bar creates an entry barrier, it is a temporal and impermanent one. “While it is true that not every student passes the Texas Bar Exam on the first attempt, within two years, on average more than 9 out of 10 recent graduates from our ten law schools successfully pass the Texas Bar Exam. ![]() As the deans lay out, it is quite likely that a repeat taker will pass the bar exam. I’m at a loss as to the argument against diploma privilege, at least in Texas. So, that leaves me with the inescapable conclusion that Texas ought to establish diploma privilege. Here’s how Lexis Search Advantage | Transactional unites internal and external research to create better deals faster. The deans even offered the Texas Bar their collective school experience in terms of online test taking and apprenticeships. The deans suggested a) an online bar exam b) diploma privilege, or c) an apprenticeship system. And by better bar experience, I mean one that does not put students at risk for death. A letter, signed by all the deans of the Texas law schools, listed three options for a better bar experience. Sometimes in relation to one another.īut in Texas, I expect more (not from burgers - Whataburgers are terrible). Taking and passing their test means competence, even as, for reasons lost upon me, their bar passage rates fluctuate as if some great monopolist were setting price. My home state and the other one across the country are deeply invested in their bar exams and the notion that those bar exams will somehow magically produce an elite group of trained lawyers able to practice law in those states. I don’t expect New York and California to do the right thing.
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