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

facebook - twitter on Facebook & Twitter

Indiana State Bar Association

Indianapolis Bar Association

Evansville Bar Association

Allen County Bar Association

Indiana Lawyer on Facebook

facebook
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. So that none are misinformed by my posting wihtout a non de plume here, please allow me to state that I am NOT an Indiana licensed attorney, although I am an Indiana resident approved to practice law and represent clients in Indiana's fed court of Nth Dist and before the 7th circuit. I remain licensed in KS, since 1996, no discipline. This must be clarified since the IN court records will reveal that I did sit for and pass the Indiana bar last February. Yet be not confused by the fact that I was so allowed to be tested .... I am not, to be clear in the service of my duty to be absolutely candid about this, I AM NOT a member of the Indiana bar, and might never be so licensed given my unrepented from errors of thought documented in this opinion, at fn2, which likely supports Mr Smith's initial post in this thread: http://caselaw.findlaw.com/us-7th-circuit/1592921.html

  2. When I served the State of Kansas as Deputy AG over Consumer Protection & Antitrust for four years, supervising 20 special agents and assistant attorneys general (back before the IBLE denied me the right to practice law in Indiana for not having the right stuff and pretty much crushed my legal career) we had a saying around the office: Resist the lure of the ring!!! It was a take off on Tolkiem, the idea that absolute power (I signed investigative subpoenas as a judge would in many other contexts, no need to show probable cause)could corrupt absolutely. We feared that we would overreach constitutional limits if not reminded, over and over, to be mindful to not do so. Our approach in so challenging one another was Madisonian, as the following quotes from the Father of our Constitution reveal: The essence of Government is power; and power, lodged as it must be in human hands, will ever be liable to abuse. We are right to take alarm at the first experiment upon our liberties. I believe there are more instances of the abridgement of freedom of the people by gradual and silent encroachments by those in power than by violent and sudden usurpations. Liberty may be endangered by the abuse of liberty, but also by the abuse of power. All men having power ought to be mistrusted. -- James Madison, Federalist Papers and other sources: http://www.constitution.org/jm/jm_quotes.htm RESIST THE LURE OF THE RING ALL YE WITH POLITICAL OR JUDICIAL POWER!

  3. My dear Mr Smith, I respect your opinions and much enjoy your posts here. We do differ on our view of the benefits and viability of the American Experiment in Ordered Liberty. While I do agree that it could be better, and that your points in criticism are well taken, Utopia does indeed mean nowhere. I think Madison, Jefferson, Adams and company got it about as good as it gets in a fallen post-Enlightenment social order. That said, a constitution only protects the citizens if it is followed. We currently have a bevy of public officials and judicial agents who believe that their subjectivism, their personal ideology, their elitist fears and concerns and cause celebs trump the constitutions of our forefathers. This is most troubling. More to follow in the next post on that subject.

  4. Yep I am not Bryan Brown. Bryan you appear to be a bigger believer in the Constitution than I am. Were I still a big believer then I might be using my real name like you. Personally, I am no longer a fan of secularism. I favor the confessional state. In religious mattes, it seems to me that social diversity is chaos and conflict, while uniformity is order and peace.... secularism has been imposed by America on other nations now by force and that has not exactly worked out very well.... I think the American historical experiment with disestablishmentarianism is withering on the vine before our eyes..... Since I do not know if that is OK for an officially licensed lawyer to say, I keep the nom de plume.

  5. I am compelled to announce that I am not posting under any Smith monikers here. That said, the post below does have a certain ring to it that sounds familiar to me: http://www.catholicnewworld.com/cnwonline/2014/0907/cardinal.aspx

ADVERTISEMENT