THE CALIFORNIA STATE DUMB BAR EXAM

Well, it was just a matter of time. As they say, “the squeaky wheel gets the oil,” and this might just be a case in point. The California State BAR exam has been known to be one of the toughest in America. Well, that is going to change, and soon! It seems that certain individuals can’t seem to pass, and to be sure that all levels of our society are represented, not that that is not the case now as to a highly diversified and speaking multiple languages, there is plenty of representation. However, it is not enough in our world under current beliefs. Hey, some people are not as smart as others, pretty simple. So I guess the next item of introduction will be “What was your BAR score?” And you should have it printed on your business card.

The word rampaging through the legal community is that many educators and deans of law schools are unhappy with the dismal scores of law students passing the State of California BAR exam, the last step to becoming practicing lawyers. Is this a response to diminishing revenue for the law schools or a real concern? Students are jumping through all the hoops of buying the books, going to lecture, and working hard and FLUNKING! You know “hang the shingle” outside and begin handling legal issues, practicing law is not happening for many who have graduated from law schools.

It worked for Lucy.

Personally, I have always enjoyed that term, “practicing law.” From my perspective, I must say that in my lifetime I have found some who “practice” real well and most, just seem to need that constant practice. Another observation is that “practice” continues till the money runs out and then agreements are made or deals made and the hemorrhaging of cash stops as does the “practice.”

D.L. Faigman, Dean of Hastings School of Law, commented as to what he thought of this whole process. “Outrageous, unconscionable conduct on the part of a TRADE ASSOCIATION that MASQUERADES as a STATE AGENCY.” Now I have thrown a few insults in my life, often with a grin or a small smile, but Dean Faigman’s comment hits the nail on the head. His opinion of the “State BAR” is that it is nothing more than an agency with self-importance and little else other than to be an annoyance. Everyone worries about those pesky “ BAR complaints “….so it would appear to be a state agency with some serious bite if you have a complaint that is going to decide if you are going to practice law.

We have GREAT name recognition!

The attitude for many is the test is very hard to pass, as it should be. Those who passed the BAR through all these years are to be looked upon in a different light? First Class vs. Coach in your future choice of a lawyer? Not all the law schools in the country are tough to get into, and many of those who attend those schools could be “Disadvantaged Students.” I say too bad, the world is not fair and to assume it is fair will be another disadvantage. As the old expression goes “If it were easy everyone would be doing it.” I also assure you that many lawyers who practice law in today’s world, or at least in the United States, hate what they do and wish to do almost anything else. I can so relate. The clients that one must deal with are just delightful until something goes wrong. That is when all the good deeds go to shit, and for many, that is real misery and makes one wish they had chosen another occupation. Not me! I realized in a few months 25 years ago that clients are like pretty snakes, pretty to look at but they bite, and they can be dangerous.

Mommy!?!?

Let me see if I understand this new thought pattern. The state, or “Trade association,” will lower the standard to pass. The testing time will go from 3 days to 2 days, and in doing all of this, “presto chango,” we get more lawyers. Being a lawyer is a tough field to make a living, many barely make a living. Many lawyers once they get to be a card-carrying member of the BAR absolutely hate the practice of law. And so now, in the hopes of allowing more to push up to the “trough” and eat.

There is a subliminal thought also that more minorities will be given an opportunity. This new rule will be taking place after the first of the year. My opinion is that this new rule to appease those who don’t meet the current standard that thousands have passed will cheapen the profession. Lawyers are a lot like insurance companies, everyone hates them until they need help or suffer a loss. It is at that time people will run to a lawyer and pretty much the same with insurance companies when a loss has occurred. Go figure. And let’s see all the new lawyers and those “shingles.”

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By John Nazarian
©Straight Talk with John J. Nazarian, Private Investigator
November 14, 2017
All Rights Reserved, do not reproduce in whole or in part without the express written consent of the author

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