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tyjen | 1 month ago

Texas and most other states should push for additional freedom in this space. Anyone who can pass the state's bar exam, should be allowed to practice law. Let the legal market sort out the rest from there.

California, Vermont, Virginia, and Washington already allow people to practice law within their states without attending law school, but via "reading the law" type apprenticeships. Extending this nationally would benefit lawyers and the people who need them.

discuss

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realslimjd|1 month ago

There's not a shortage of lawyers and Texas is not pushing for freedom. They're taking over accreditation so they can start bullying law schools the same way they have with undergraduate institutions like A&M.

mapontosevenths|1 month ago

This is likely the correct answer. The ABA really leads (somewhat indirectly) to three things:

1) A common moral and professional code

2) Credential portability through standards

3) A "minimum threshold" of competence

I suspect that it is the first thing that Texas objects to. There's probably a specific flavor of *-ism they want to allow their lawyers to practice. That said, you can already get into law via apprenticeship or reading in CA, VA, VT, WA. It's not the end of the world.

elevation|1 month ago

> There's not a shortage of lawyers

I spoke with a VP of a state bar association who described chronic, widespread lawyer shortages, constant attrition in the pool of eligible judicial appointees, a growing backlog of cases (compounded by the effects of COVID) with trial dates many years in the future, declining law school graduations, and declining projected law school enrollment. These conditions may not hold across every county and metro, but in a lot of places the system is buckling (citizens already waiting 5-6 years for a ruling on open-shut civil matters) because there’s so much more work than workers.

palmotea|1 month ago

> There's not a shortage of lawyers and Texas is not pushing for freedom.

Exactly. Law isn't medicine, and there are so many law graduates that many of them can't even find work in the legal industry, and the earnings of many graduates are surprisingly low (the distribution is bimodal: https://www.nalp.org/salarydistrib).

Unfortunately too many here will reflexively believe some libertarian narrative of "professional organization limiting supply to drive salaries up," even when it doesn't apply.

biotechbio|1 month ago

I disagree, in my opinion passing the bar exam is necessary but not nearly sufficient for competently practicing law.

The bar is an imperfect filter. One could study for the exam and pass and still be hugely deficient in ability as an attorney.

I would argue there's no exam that could replace the evaluative and experiential component of 3 years in law school, and accreditation helps enforce at least some standard of quality in the profession. More incompetent lawyers -> more wasteful behavior -> a more bloated and slower legal system -> worse outcomes for everyone.

I think reducing barriers to completing the legal education (part-time programs, lower cost, etc) are better avenues for increasing access.

chaps|1 month ago

Agreed.

I'm currently looking to get a law degree and the education requirements are... silly. I've done a significant amount of law-and-law-accessories work over the past ten years and have had a nice career in sysadmin/sre/devops/ops work. Yet I need a(ny) bachelors to even get started and I don't even have an associates.

It truly feels like the only way forward is to waste several years of my life and exhaust myself to the bone to get a degree.

(WGU is awful and is not the answer here)

treetalker|1 month ago

> I'm currently looking to get a law degree …

May I inquire why?

pohl|1 month ago

How would "the legal market" sort out someone who repeatedly uses the legal system in bad faith but, because they're in Donald's orbit the only hope left of consequences is the threat of disbarment? It increasingly seems like the last line of defense of late.

barbazoo|1 month ago

It's not about removing the requirement of the bar exam, just who decides who can take it

> The Texas Supreme Court issued an order Tuesday finalizing a tentative September opinion, asserting the ABA should "no longer have the final say" on which law school graduates can take the bar exam — a requirement to becoming a licensed lawyer in each state.

dhd415|1 month ago

This question is orthogonal to the question of whether ABA accreditation is beneficial.

Rapzid|1 month ago

Agree. Also, most JD programs in most states require a 4 year degree to enter.

That sounds like "a good idea" to a lot of people in the context of high school graduates. But for someone older who had a (let's say successful) career in the trades, or software engineering, without needing a 4 year degree.. It's a huge barrier to entry needing 4 years of college before even starting JD for those interested in law later in life.

tyjen|1 month ago

This, and most law schools are businesses capturing student debt and too many law students foster a flawed perception of legal practice. There's a surplus of debt-laden law graduates who are unemployed, underemployed, or working in completely different fields. Transitioning to an apprenticeship styled career path would help solve the significant mismatching that's occurring. Too many people misspending their youth and incurring debt by falling for law school marketing ploys.

Turn Tier-1 law schools and state flagship law schools into legal scholarship graduate studies for people interested in pursuing highbrow judicial work.

randycupertino|1 month ago

> California, Vermont, Virginia, and Washington already allow people to practice law within their states without attending law school, but via "reading the law" type apprenticeships.

Famously this is how Kim Kardashian tried to become an attorney without ever attending undergrad, let alone law school. However, to date she has not be able to pass the bar exam.

https://people.com/kim-kardashian-cries-has-mental-breakdown...

Her boyfriend already got a "My girl's a lawyer" tattoo though so hopefully she will pass on her next attempt! https://www.billboard.com/music/music-news/kim-kardashian-pe...

pc86|1 month ago

There are already way too many attorneys, and way too many lawyers who can't even get jobs as attorneys, I'm not sure how letting anyone who takes the bar exam cosplay as an attorney will help things.

(I am not an attorney, or a lawyer, and I've never attended law school)

darth_avocado|1 month ago

> Let the legal market sort out the rest from there.

This isn’t a field where supply demand free market economics should be the goal. Literal lives could be at stake. Should we also let surgery market sort itself out by allowing people to perform surgeries if they pass an exam?

HoJojoMojo|1 month ago

You mean in Texas where they cap medical liability or somewhere with no limits of liability and insurance markets to determine relative costs of practicing while incompetent?

gamblor956|1 month ago

Fun fact: the reason bar associations exist is because people got tired of the free market free-for-all that existed before bar associations.

Law, like medicine, isn't something you want some rando handling. The free market is not a magical panacea. Rules are created for a reason, and that reason is usually grounded in human suffering.