California bar exam alternative gets rocky reception, Jackson Walker says former partner lied, SCOTUS unveils ethics code for justices, and more ??
Illustration: Meriam Telhig/REUTERS

California bar exam alternative gets rocky reception, Jackson Walker says former partner lied, SCOTUS unveils ethics code for justices, and more ??

?? Good morning from The Legal File! Here are today's top legal stories:

?? Bar exam alternative proposed in California gets rocky public reception

REUTERS/Lucy Nicholson

The State Bar of California has received nearly 3,000 public comments on a?proposal?to allow law school graduates to become licensed without taking the bar exam – with most of those opposing the potential change.

The bar’s board of trustees is slated as early as Thursday to consider recommending adoption of the Portfolio Bar Exam pilot program to the California Supreme Court, which has the final say on the state’s attorney licensing process. If the high court signs off, California would become the largest state with a bar exam alternative.

Under the proposal, graduates of law schools accredited by either the American Bar Association or the State Bar of California would be able to skip the bar exam and become licensed after completing 700 to 1,000 hours of legal work under the supervision of an experienced California attorney over a four to six-month period. Participants would also submit legal work, such as client memos or negotiations, for grading by the bar.

Advocates of these alternative licensing pathways say completing actual legal work may be a better indicator of a law graduate’s capabilities than a two-day bar exam.

The most common arguments among the 1,989 comments opposing the Portfolio Bar Exam were that the proposal “dumbs down” the requirements to become an attorney and that it would erode public protections, according to the report.

Read more about the reactions to the proposal.


?? Law firm tied to bankruptcy judge resignation says former partner lied

U.S. Bankruptcy Judge David Jones, who oversees more major Chapter 11 cases than any other U.S. judge, is seen in a screenshot from video shot during a virtual interview with Reuters done from Houston, Texas, U.S. December 11, 2020. REUTERS/Staff/File Photo?

Texas law firm Jackson Walker was deceived by a former partner who never disclosed she was living with a U.S. bankruptcy judge in Houston who was handling its cases, the firm said in a court filing on Monday.

Jackson Walker was told by former partner Elizabeth Freeman in 2021 that she had ended her relationship with then-U.S. Bankruptcy Judge David Jones "well in the past" and it was unlikely to rekindle, according to a filing that appeared in multiple bankruptcy cases the firm had worked on, including that of J.C. Penney.

The 500-lawyer firm was responding to an effort by the U.S. Trustee, the U.S. Justice Department's bankruptcy watchdog,?to force?the firm to return millions of dollars earned in cases presided over by Jones, who resigned in October after his relationship with Freeman became public.

Tom Kirkendall, an attorney for Freeman, declined to comment, as did spokespeople for Jackson Walker and the U.S. Trustee.

Jones, who was handling more major Chapter 11 corporate bankruptcy cases than any other U.S. bankruptcy judge, presided over at least 26 Jackson Walker cases while in a relationship with Freeman and he awarded about $13 million in fees to the firm, the U.S. Trustee has said in filings.

Read more details of the filing.


???????? Under fire, US Supreme Court unveils ethics code for justices

REUTERS/Evelyn Hockstein/File Photo?

The U.S. Supreme Court on Monday announced its first formal code of conduct governing the ethical behavior of its nine justices.

The new code drew mixed reviews, with some critics noting the apparent absence of any enforcement mechanism. It was adopted after a series of media reports detailing ethics questions surrounding some Supreme Court members, in particular conservative Justice Clarence Thomas.

The nine-page code contains sections codifying that justices should not let outside relationships influence their official conduct or judgment, spelling out restrictions on their participation in fundraising and reiterating limits on the accepting of gifts. It also states that justices should not "to any substantial degree" use judicial resources or staff for non-official activities.

Senator Dick Durbin, who chairs the Democratic-led Senate Judiciary Committee, called the code a "step in the right direction." But Durbin held open the possibility of further legislative efforts if he determines the code falls short of "the ethical standards which other federal judges are held to."

Indiana University legal ethics expert Charles Geyh said of the court: "What remains to be seen is whether this is a one-off, designed to get Congress and the media off its back, or the start of a more meaningful effort to embrace the code on a deeper level, by working with it, thinking about it, applying it and revising it as other courts have."

Here is more on the ethics code and reactions.


?? Paul Weiss hires bank regulatory partner from O'Melveny

REUTERS/Andrew Kelly

Bank regulatory lawyer Jarryd Anderson has taken his practice to law firm Paul, Weiss, Rifkind, Wharton & Garrison after a stint at O'Melveny & Myers.

Paul Weiss said on Monday that Anderson, who previously held senior in-house positions at Wells Fargo and TD Bank, has joined as a partner in the firm's corporate department and as co-chair of its financial services group. He is based in Washington, D.C. and New York.

He advises domestic and non-U.S. banks, other financial institutions, asset managers and financial technology companies on mergers and acquisitions, and regulatory and enforcement matters.?

Anderson said he advised a number of banks and non-bank financial institutions through the period of banking stress this past spring. In reaction to the bank failures, regulators have issued proposed rulemakings, guidance and policy positions, creating a "really challenging regulatory environment," he said.

Read more about the move.


?? That's all for today, thank you for reading?The Legal File and have a great day!

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The main argument from all who oppose it is: I did it so you should have to do it too. The exam itself is archaic in nature. The law has undergone drastic overhauls in the last ten years alone. Yet, we subject graduates to this type of scrutiny. For what? Because our grandfathers and our fathers broke their head so they should too. Doing well on a standardized test does not equate to doing well in any job

Matt Fletcher

Tucker Ellis LLP

1 年

This will be the result and, remember, William Abagnale passed the Louisiana bar exam! https://youtu.be/qwf0MrxCAHk?si=-wlUm5e6Q1TJ-yhd

RETIRED. Samantha Berryessa

Samantha Berryessa, Attorney At Law. RETIRED!!Wrongful Death by negligence. Trademark business starts up.

1 年

Bar exam prepares lawyers for the practice of law. It cannot be bypassed.

I am opposed to the change to the Bar Exam. I also was not in favor that it was reduced to two days. LACBA sent me an email about it, and I was able to submit my comments.

Rob Baker

Cold Case Prosecutor

1 年

From personal experience, I know some bad lawyers pass the bar and a lot of great would be lawyers don’t. In my view, standardized tests always pose the danger of treating people of different socioeconomic groups unfairly. I support alternative ways to pass the bar. However, I think the community would best be served focusing more on ethics and financial responsibilities of being a lawyer than if you know a particular civil code section that most lawyers need to look up anyway.

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