ILNews

In-Box: Reader responds concerning proposed changes to state's bar exam

July 31, 2013
Back to TopCommentsE-mailPrintBookmark and Share
Letters to the Editor

To the editor:

As a new lawyer, I appreciate the timely news and critical legal updates provided by the Indiana Lawyer. I would like to take this opportunity to write in response to a June 19, 2013, IL article on proposed changes to the Indiana Bar Examination.

As a recent law school graduate and even more recent bar exam participant (July 2012), I would like to express my concern for the proposed changes to the Indiana Bar Exam. While I can appreciate the challenges associated with changing anything, particularly a bar exam, the proposed changes seem to entirely miss the boat on the purpose of any bar examination.

The article suggests that a bar exam is the opportunity for the examiners to make a determination as to which candidates appear at least minimally competent to practice law in Indiana. That is about the only premise I generally agree with, and yet I personally know people who did not pass the bar exam that are more competent in certain areas of the law than I could hope to be.

The article suggests that bar exam candidates “learn” Indiana law by studying for the bar exam. That’s simply not accurate. I took the exam, and I would not begin to suggest that I learned Indiana law by that preparation. In fact, if I recall correctly, there were only two questions on the Indiana Bar Exam in July 2012 that even remotely hinted at Indiana law – one regarding family law and one regarding simple, basic trial rules/procedure. The essay I remember most clearly was the one on UCC-3, a course I never took in law school and a subject that I memorized for the Indiana Bar Exam using a mnemonic device, which I don’t remember. Yet I’m certain I scored every point possible on that question. My “flawless” answer to that question should not have determined that I was “minimally competent to practice in Indiana,” but it likely did contribute to my passing that exam. Personally, I’d prefer that the state went to a diploma privilege license like Wisconsin with the additional requirement that new law school graduates then apprentice for several years with experienced lawyers. That’s another discussion.

My primary concern with the proposed changes to the bar exam is that there is no discussion of moving to the Uniform Bar Examination like at least 13 other states have already done. Just use the MBE, the two ridiculous MPT “products” if you must, and six national essays. If 13 other states can figure out who is minimally competent to practice law from the UBE, so can the Indiana Board of Law Examiners. The benefit for the hundreds of Indiana law school graduates – portability of the UBE score to other jurisdictions – far outweighs any presumed competence the Indiana bar might think it is gaining by using Indiana specific essays. And, based on my experience, Indiana only currently uses one or two somewhat specific essays per exam administration at this point.

The proposed changes such as adding tax law and bankruptcy law to the exam is a great idea in theory, but it is flawed in its premise that anyone is going to come out of that exam preparation ready to practice, for example, bankruptcy law with minimum competency. I had an excellent course in bankruptcy law in law school and did well in it. I also worked in a law office in Crown Point for two years while in law school with an experienced bankruptcy attorney. The only thing I know for certain is that I am in no way competent to practice bankruptcy law, even though I am technically licensed to do so. If I were to decide to practice bankruptcy law, or any other field for that matter, I would work with an expert lawyer who has been doing it for 20-plus years and knows what he or she is talking about. To do it any other way seems to me to be flirting with malpractice.

As the nation’s law schools regroup and restructure to offer more practical, skills-based education to their students, boards of law examiners and state bars should be restructuring their requirements to insist on far more than minimal competency in the candidates that enter the profession. Is it ethical to allow a “minimally competent” lawyer to practice law on an unsuspecting client? Now that would be a useful question on the MPRE!

So, do future attorneys a huge favor and don’t be the last jurisdiction to switch to the UBE. Do something truly important for lawyer competency in Indiana – put a “residency” requirement in place for all new Indiana attorneys, regardless of what area of the law they want to practice, rather than Indiana’s current position of allowing new lawyers to practice on their clients. Thank heavens the medical profession doesn’t allow a minimally competent doctor to do open heart surgery. It should be no different for attorneys.•

Richard Mitchell, Ph.D., J.D.

ADVERTISEMENT

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. Where may I find an attorney working Pro Bono? Many issues with divorce, my Disability, distribution of IRA's, property, money's and pressured into agreement by my attorney. Leaving me far less than 5% of all after 15 years of marriage. No money to appeal, disabled living on disability income. Attorney's decision brought forward to judge, no evidence ever to finalize divorce. Just 2 weeks ago. Please help.

  2. For the record no one could answer the equal protection / substantive due process challenge I issued in the first post below. The lawless and accountable only to power bureaucrats never did either. All who interface with the Indiana law examiners or JLAP be warned.

  3. Hi there I really need help with getting my old divorce case back into court - I am still paying support on a 24 year old who has not been in school since age 16 - now living independent. My visitation with my 14 year old has never been modified; however, when convenient for her I can have him... I am paying past balance from over due support, yet earn several thousand dollars less. I would contact my original attorney but he basically molest me multiple times in Indy when I would visit.. Todd Woodmansee - I had just came out and had know idea what to do... I have heard he no longer practices. Please help1

  4. Yes diversity is so very important. With justice Rucker off ... the court is too white. Still too male. No Hispanic justice. No LGBT justice. And there are other checkboxes missing as well. This will not do. I say hold the seat until a physically handicapped Black Lesbian of Hispanic heritage and eastern religious creed with bipolar issues can be located. Perhaps an international search, with a preference for third world candidates, is indicated. A non English speaker would surely increase our diversity quotient!!!

  5. First, I want to thank Justice Rucker for his many years of public service, not just at the appellate court level for over 25 years, but also when he served the people of Lake County as a Deputy Prosecutor, City Attorney for Gary, IN, and in private practice in a smaller, highly diverse community with a history of serious economic challenges, ethnic tensions, and recently publicized but apparently long-standing environmental health risks to some of its poorest residents. Congratulations for having the dedication & courage to practice law in areas many in our state might have considered too dangerous or too poor at different points in time. It was also courageous to step into a prominent and highly visible position of public service & respect in the early 1990's, remaining in a position that left you open to state-wide public scrutiny (without any glitches) for over 25 years. Yes, Hoosiers of all backgrounds can take pride in your many years of public service. But people of color who watched your ascent to the highest levels of state government no doubt felt even more as you transcended some real & perhaps some perceived social, economic, academic and professional barriers. You were living proof that, with hard work, dedication & a spirit of public service, a person who shared their same skin tone or came from the same county they grew up in could achieve great success. At the same time, perhaps unknowingly, you helped fellow members of the judiciary, court staff, litigants and the public better understand that differences that are only skin-deep neither define nor limit a person's character, abilities or prospects in life. You also helped others appreciate that people of different races & backgrounds can live and work together peacefully & productively for the greater good of all. Those are truths that didn't have to be written down in court opinions. Anyone paying attention could see that truth lived out every day you devoted to public service. I believe you have been a "trailblazer" in Indiana's legal community and its judiciary. I also embrace your belief that society's needs can be better served when people in positions of governmental power reflect the many complexions of the population that they serve. Whether through greater understanding across the existing racial spectrum or through the removal of some real and some perceived color-based, hope-crushing barriers to life opportunities & success, movement toward a more reflective representation of the population being governed will lead to greater and uninterrupted respect for laws designed to protect all peoples' rights to life, liberty & the pursuit of happiness. Thanks again for a job well-done & for the inevitable positive impact your service has had - and will continue to have - on countless Hoosiers of all backgrounds & colors.

ADVERTISEMENT