Thursday, May 28, 2015

The New Format


  • As noted in the comments yesterday, there has been a change in the format of the Nevada bar exam. Does this really signal a move toward the UBE? Is adding an additional MPT really necessary to evaluate critical lawyer skills? [NVbar.org]
  • Brian Bloomfield could lose his law license. [RJ]
  • President Obama's executive action on immigration is still in limbo following a federal court ruling on Tuesday. [Las Vegas Sun]

11 comments:

  1. Bill Terry vs. Bar Counsel? Bloomfield might end up with his license reinstated by the end of the year and a sincere apology.

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    1. Bill is both a good attorney and very juicy. Scary combination for opponents but in this situation Brian has already pled guilty to the charges underlying the bar complaint. God himself couldn't save him.

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  2. Bill Terry is no star. He's just juiced in.

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    1. He's also no slouch. But agreed; in Nevada, juice is preferable to talent.

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    2. Why does everybody hate? He's definitely in the upper echelon of the defense bar. Bill's a good attorney who is polite and honest. The Judges and DA's respect him for that and so he gets a little love. He's smart and always willing to help out younger attorneys as well, just a decent dude.

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    3. People hate him 'cause they ain't him. Really, just a genuine, friendly guy who is very effective. What's not to like?

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  3. Gotta continue the fight against the Anti-SLAPP shenanigans, folks -- https://randazza.wordpress.com/2015/05/27/nevada-senate-bill-444-now-with-extra-sleaze/?utm_source=feedburner&utm_medium=email&utm_campaign=Feed%3A+TheLegalSatyricon+%28The+Legal+Satyricon%29

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  4. As far as the bar exam is concerned, I seriously doubt that the UBE is coming our way any time soon. Unfortunately, the bar exam should be about ensuring a baseline level of competence in all licensed attorneys. However, let's get real. Is the difficultly of the bar exam about anything other than protectionism? Not really. So, if there's another twist or turn or roadblock that they can throw up to drive the pass rate down, you can bet they'll look at it. Hence, the MPT.

    But, we should beware... This recent S.Ct. case could open up all self-regulating professions to anti-competitive scrutiny -- State Bars included...

    http://www.scotusblog.com/case-files/cases/north-carolina-board-of-dental-examiners-v-federal-trade-commission/

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    1. Other states have been using a form of MPT for years. In terms of testing the skills needed by an attorney it is the most valuable since it tests the ability to actually analyze a fact pattern and use a provided library to prepare a usable document (memo, P&A, etc.) not merely rote recitation of memorized facts

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  5. My understanding is that the essays, especially MPT, are what save people in the regrade from an otherwise failing score--the bar examiners reread all the essays along the fault line and evaluate: Is this person competent to practice?

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    1. No regrading in NV.

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