Today, the Las Vegas Sun posted an amazing expose on the Nevada Bar exam. While this may be hard to believe, the bar exam is both hard and stressful.
The article focused on the efforts of Byron Francis, managing partner of the Nevada offices of Armstrong Teasdale. Mr. Francis, listed in The Best Lawyers in America 2009 in construction law, has been licensed in Missouri since 1974.
The Pulitzer Prize winning Sun offered amazing insight into the experience of taking the bar. Truly, these are things that none of our WWL readers have ever considered, I'm sure. Here are some highlights:
- The bar exam is taken by mostly "20-somethings with MacBooks who had been doing nothing but studying for the exam for months." [Hey, Apple, this is perfect for one of those commercials with Drew Barrymore's ex boyfriend and the PC guy. Poor Mr. Francis had some difficulty with his computer during the exam and we can only assume it was one of those dreadful PCs.]
- Nevada does not offer reciprocity or an easier test to those who have been licensed in other states, regardless of their legal service elsewhere. [Because otherwise, everyone would pack their bags and take North Carolina, which my law school career counselor told me was the easiest exam in the country.]
- "There were moments during the exam when he felt sure to fail." [Awww, Mr. Francis, this happens to everyone. Chin up. As I learned from Lil C on a recent episode of So You Think You Can Dance, "lack of confidence can be the heaviest anchor" in keeping us from fulfilling our dreams.]
- Nevada is one of the most difficult bar exams in the country. [Something warm and fuzzy for bar prep season.]
- Waiting for results is scary.
Note to The Sun: Perhaps you should consider focusing on one of the 20-somethings with the MacBooks trying to get a job in the current legal market. There's another bar exam in July. I bet you can find someone looking for a job that you can interview. Let's try this again and we'll review your findings in another six months.
Boo to reciprocity! Look at what happened to Nevada's dental industry after they opened the licensing to allow out-of-state dentists - it completely flooded the market. Maybe I'm being selfish, but I wouldn't mind if they made the bar exam harder. I've been licensed in California for nearly two years, and I've never used that license once. With Pro Hac Vice, why would Nevada need reciprocity? I can see why a managing partner with a secure book of busines would want it, but as a lowly third year (going on fourth year) associate, it only creates more competition for my job. No thanks!
ReplyDeleteOne of the things to remember about reciprocity is that a number of other states have it, but only make it available if you're coming from a state that also offers it. In other words, Nevada's staunch resistance to reciprocity makes it more difficult (or, at the very least, less attractive) for current Nevada lawyers to leave for other markets.
ReplyDeleteSo while it would open the door for a potential flood of out-of-state attorneys, it could also open the door to allow Nevada lawyers to leave for "greener pastures" (literally and figuratively).
Overall, I wonder if the fear of out-of-state competition due to reciprocity has been over-stated. Let's not forget the old fear that changing Nevada's "firm name" rules would result in the huge national firms gobbling up or bankrupting the local firms - which never really happened (arguably with the exception of GT).
And for us associates (and partners) who wonder how long our positions will be there at our current firms, I'd prefer the security of knowing I could find a new job outside of Nevada without having to spend time and $$$ prepping for the bar exam again.
Beantown HIT THE MARK. This is the argument that most want to hide. Receprocity is like bringing down trade tariffs. It promotes activity, which allows the cream to rise to the top and quality and quantity flurish.
ReplyDeleteKorea was always known as the "Hermit Country" because they refused entry of emissaries into their country, usually sending back the head. After the Japanese Occupation and the Korean War ceasefire, South Korea embodied open borders, trade and freedom. North Korea, closed its borders, embraced the "Hermit Country" tradition and certainly didn't even consider reciprocity. Today, the difference between the two countries is staggering and is a testament to "free trade" OR "reciprocity". You can see the example over and over, all over the world. (e.g. Russia-US, China-Taiwan).
@1:27 Your NIMBY ideas of "self-protection" are very consistent with many failing economies around the world. Reciprocity will only "stimilate" the Nevada legal community and in turn the economy. It will likely keep your 3-4 year salary on track with the country (which is more money in your pocket). So, Your NIMBY logic is still flawed, I believe.
BREAKING NEWS: Bears crap in woods!
ReplyDeleteFull story at 11!
I have to agree with Beantown and LegallyUnBound on this issue. While reciprocity doesn't effect my practice directly to that great a degree, it does affect my clients so I could say it effects me indirectly. The lack of reciprocity is in part a holdover of the ancien regime of the old price fixing, cartel protecting State Supreme Court Rules 160 and 199 which made moving attorneys a nightmare and kept out of state law firms at bay, respectively. I've been encouraging reciprocity for several years now. At the very least I'd to see out of state attorneys given a pass on the multi state portion of the exam. Ideally I think the best solution would be a requirement for them to take an abbreviated specialty exam covering gaming and family law which are largely unique to Nevada.
ReplyDeleteThere is a trend, e.g., MI and MA, that allow attorneys practicing more than 5 years, and with the intent of practicing in the state, to allow admission by motion. Reciprocity rules may be fading.
ReplyDeletePow! Bam bitch!
ReplyDelete