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Read the rules in the OP before posting, please.

In order to ensure that this thread continues to meet TL standards and follows the proper guidelines, we will be enforcing the rules in the OP more strictly. Be sure to give them a re-read to refresh your memory! The vast majority of you are contributing in a healthy way, keep it up!

NOTE: When providing a source, explain why you feel it is relevant and what purpose it adds to the discussion if it's not obvious.
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zlefin
Profile Blog Joined October 2012
United States7689 Posts
March 05 2018 22:53 GMT
#200381
I see.
So what's the point of the bar exam then? just a way to screen out people who shouldn't even be trying? no longer necessary regulation that once had a use?
Great read: http://shorensteincenter.org/news-coverage-2016-general-election/ great book on democracy: http://press.princeton.edu/titles/10671.html zlefin is grumpier due to long term illness. Ignoring some users.
Mohdoo
Profile Joined August 2007
United States15689 Posts
March 05 2018 22:56 GMT
#200382
On March 06 2018 07:53 zlefin wrote:
I see.
So what's the point of the bar exam then? just a way to screen out people who shouldn't even be trying? no longer necessary regulation that once had a use?


Same as MCAT. It is just a way to filter out people unwilling to work hard. If you put the time in, you'll pass.
Plansix
Profile Blog Joined April 2011
United States60190 Posts
Last Edited: 2018-03-05 23:00:02
March 05 2018 22:58 GMT
#200383
On March 06 2018 07:53 zlefin wrote:
I see.
So what's the point of the bar exam then? just a way to screen out people who shouldn't even be trying? no longer necessary regulation that once had a use?

Its a filter. Just like law school and LSAT. There was a day that you didn't need to attend law school to take the bar. But over time lawyers decided it would be better to have a minimum level of universal legal knowledge. When you become an attorney, you are admired to the state bar, which has a governing body. Attorneys police themselves when it comes to who can or can't practice law. In my state they take it very seriously and will crack down on attorneys who behave badly. Rhode Island, not so much. Though one attorney I know of did accuse a Judge of being part of a Zionist conspiracy, which was way to much for even Rhode Island.
I have the Honor to be your Obedient Servant, P.6
TL+ Member
ticklishmusic
Profile Blog Joined August 2011
United States15977 Posts
Last Edited: 2018-03-05 23:08:47
March 05 2018 23:01 GMT
#200384
On March 06 2018 07:56 Mohdoo wrote:
Show nested quote +
On March 06 2018 07:53 zlefin wrote:
I see.
So what's the point of the bar exam then? just a way to screen out people who shouldn't even be trying? no longer necessary regulation that once had a use?


Same as MCAT. It is just a way to filter out people unwilling to work hard. If you put the time in, you'll pass.


To nitpick, in terms of what they act as gatekeepers for, MCAT would be more equivalent to the LSAT. Except I guess MCAT you need to know a lot of stuff (which is the bar), while LSAT is kinda more logic puzzles. And then the bar exam would be the equivalent of the boards for MD candidates.

TBH, the (practice) LSAT was kinda fun. MCAT, not so much.

On March 06 2018 07:58 Plansix wrote:
Show nested quote +
On March 06 2018 07:53 zlefin wrote:
I see.
So what's the point of the bar exam then? just a way to screen out people who shouldn't even be trying? no longer necessary regulation that once had a use?

Its a filter. Just like law school and LSAT. There was a day that you didn't need to attend law school to take the bar. But over time lawyers decided it would be better to have a minimum level of universal legal knowledge. When you become an attorney, you are admired to the state bar, which has a governing body. Attorneys police themselves when it comes to who can or can't practice law. In my state they take it very seriously and will crack down on attorneys who behave badly. Rhode Island, not so much. Though one attorney I know of did accuse a Judge of being part of a Zionist conspiracy, which was way to much for even Rhode Island.


Isn't reading law still allowed in some places?
(╯°□°)╯︵ ┻━┻
farvacola
Profile Blog Joined January 2011
United States18827 Posts
March 05 2018 23:12 GMT
#200385
In Wisconsin, you don't have to take a bar exam if you graduate with a 3.0 and practice in the state. Most other states are pretty formulaic about having to take an exam. Only 22 states have varying exams (and even then, only the essay portion); 28 states have adopted the universal exam.
"when the Dead Kennedys found out they had skinhead fans, they literally wrote a song titled 'Nazi Punks Fuck Off'"
Plansix
Profile Blog Joined April 2011
United States60190 Posts
March 05 2018 23:12 GMT
#200386
Vermont is the only state as far as I know. And good luck getting malpractice insurance.
I have the Honor to be your Obedient Servant, P.6
TL+ Member
Mohdoo
Profile Joined August 2007
United States15689 Posts
March 05 2018 23:14 GMT
#200387
On March 06 2018 08:01 ticklishmusic wrote:
Show nested quote +
On March 06 2018 07:56 Mohdoo wrote:
On March 06 2018 07:53 zlefin wrote:
I see.
So what's the point of the bar exam then? just a way to screen out people who shouldn't even be trying? no longer necessary regulation that once had a use?


Same as MCAT. It is just a way to filter out people unwilling to work hard. If you put the time in, you'll pass.


To nitpick, in terms of what they act as gatekeepers for, MCAT would be more equivalent to the LSAT. Except I guess MCAT you need to know a lot of stuff (which is the bar), while LSAT is kinda more logic puzzles. And then the bar exam would be the equivalent of the boards for MD candidates.

TBH, the (practice) LSAT was kinda fun. MCAT, not so much.

Show nested quote +
On March 06 2018 07:58 Plansix wrote:
On March 06 2018 07:53 zlefin wrote:
I see.
So what's the point of the bar exam then? just a way to screen out people who shouldn't even be trying? no longer necessary regulation that once had a use?

Its a filter. Just like law school and LSAT. There was a day that you didn't need to attend law school to take the bar. But over time lawyers decided it would be better to have a minimum level of universal legal knowledge. When you become an attorney, you are admired to the state bar, which has a governing body. Attorneys police themselves when it comes to who can or can't practice law. In my state they take it very seriously and will crack down on attorneys who behave badly. Rhode Island, not so much. Though one attorney I know of did accuse a Judge of being part of a Zionist conspiracy, which was way to much for even Rhode Island.


Isn't reading law still allowed in some places?


Yeah, I know they are systematically at different places. It just seems like as a testing mechanism, they function similarly. The bar sounds like your ability to memorize as many laws and cases and other legal bullshit as possible. Maybe I'm wrong, but that's what has been described to me.
farvacola
Profile Blog Joined January 2011
United States18827 Posts
Last Edited: 2018-03-05 23:18:05
March 05 2018 23:17 GMT
#200388
It definitely screens some people out; there were a number of people who had a nervous breakdown at the one I took, so that was fun. Particularly among those who come from "bad" law schools, you'll definitely run into folks who have taken a bar exam 4-5 times with no success. Many states have a limit on the number of times you can take it, too.
"when the Dead Kennedys found out they had skinhead fans, they literally wrote a song titled 'Nazi Punks Fuck Off'"
ticklishmusic
Profile Blog Joined August 2011
United States15977 Posts
March 05 2018 23:21 GMT
#200389
Speaking of nervous breakdown, that seems to be what Nunberg is going through right now. Good god.
(╯°□°)╯︵ ┻━┻
On_Slaught
Profile Joined August 2008
United States12190 Posts
Last Edited: 2018-03-05 23:27:04
March 05 2018 23:24 GMT
#200390
One of the most shocking Bar exam statistics I've seen is that your chances of passing drop considerably if you don't pass the first time. For many law graduates it seems you can either do it or you can't. California is definitely a hard test (as evidenced by how even kids at elite schools score lower there), but overall it's numbers suck bc of all the shit tier law schools in the state.

As for the LSAT, games can actually be fun at least :p. And you get to read a bunch of Karl von Frisch hit pieces.
Mohdoo
Profile Joined August 2007
United States15689 Posts
March 05 2018 23:25 GMT
#200391
On March 06 2018 08:17 farvacola wrote:
It definitely screens some people out; there were a number of people who had a nervous breakdown at the one I took, so that was fun. Particularly among those who come from "bad" law schools, you'll definitely run into folks who have taken a bar exam 4-5 times with no success. Many states have a limit on the number of times you can take it, too.

In your perspective, what separates people who pass from people who fail? Drive? Commitment? Obsession? Does the quality of your school impact your ability to pass the bar? Does someone walking out of Harvard have an advantage other than the fact that are apparently smart and capable if they went to Harvard?
xDaunt
Profile Joined March 2010
United States17988 Posts
March 05 2018 23:28 GMT
#200392
On March 06 2018 08:25 Mohdoo wrote:
Show nested quote +
On March 06 2018 08:17 farvacola wrote:
It definitely screens some people out; there were a number of people who had a nervous breakdown at the one I took, so that was fun. Particularly among those who come from "bad" law schools, you'll definitely run into folks who have taken a bar exam 4-5 times with no success. Many states have a limit on the number of times you can take it, too.

In your perspective, what separates people who pass from people who fail? Drive? Commitment? Obsession? Does the quality of your school impact your ability to pass the bar? Does someone walking out of Harvard have an advantage other than the fact that are apparently smart and capable if they went to Harvard?

Drive and commitment are the biggest factors. The real question is do you have the discipline to sit in a chair for 6+ hours per day for a month to study up on substantive law before taking the test. Beyond that, the next question is one of intellectual capacity. Specifically, are you able to recognize and understand the legal issues that are presented to you. This is where the people from the unaccredited and other, lesser law schools (ie the people with lower LSAT scores) get weeded out.
Mohdoo
Profile Joined August 2007
United States15689 Posts
March 05 2018 23:34 GMT
#200393
On March 06 2018 08:28 xDaunt wrote:
Show nested quote +
On March 06 2018 08:25 Mohdoo wrote:
On March 06 2018 08:17 farvacola wrote:
It definitely screens some people out; there were a number of people who had a nervous breakdown at the one I took, so that was fun. Particularly among those who come from "bad" law schools, you'll definitely run into folks who have taken a bar exam 4-5 times with no success. Many states have a limit on the number of times you can take it, too.

In your perspective, what separates people who pass from people who fail? Drive? Commitment? Obsession? Does the quality of your school impact your ability to pass the bar? Does someone walking out of Harvard have an advantage other than the fact that are apparently smart and capable if they went to Harvard?

Drive and commitment are the biggest factors. The real question is do you have the discipline to sit in a chair for 6+ hours per day for a month to study up on substantive law before taking the test. Beyond that, the next question is one of intellectual capacity. Specifically, are you able to recognize and understand the legal issues that are presented to you. This is where the people from the unaccredited and other, lesser law schools (ie the people with lower LSAT scores) get weeded out.


yeah, sounds about what's been described to me. If you aren't obsessive enough to study that much, you're probably not obsessive enough to be a good lawyer.
zlefin
Profile Blog Joined October 2012
United States7689 Posts
March 05 2018 23:34 GMT
#200394
On March 06 2018 07:58 Plansix wrote:
Show nested quote +
On March 06 2018 07:53 zlefin wrote:
I see.
So what's the point of the bar exam then? just a way to screen out people who shouldn't even be trying? no longer necessary regulation that once had a use?

Its a filter. Just like law school and LSAT. There was a day that you didn't need to attend law school to take the bar. But over time lawyers decided it would be better to have a minimum level of universal legal knowledge. When you become an attorney, you are admired to the state bar, which has a governing body. Attorneys police themselves when it comes to who can or can't practice law. In my state they take it very seriously and will crack down on attorneys who behave badly. Rhode Island, not so much. Though one attorney I know of did accuse a Judge of being part of a Zionist conspiracy, which was way to much for even Rhode Island.

how well do they crack down on attorneys who are simply insufficiently competent?
Great read: http://shorensteincenter.org/news-coverage-2016-general-election/ great book on democracy: http://press.princeton.edu/titles/10671.html zlefin is grumpier due to long term illness. Ignoring some users.
{CC}StealthBlue
Profile Blog Joined January 2003
United States41117 Posts
March 05 2018 23:35 GMT
#200395
The bank that Trump lawyer Michael Cohen used to pay $130,000 in hush money to adult film actress Stephanie Clifford — known as Stormy Daniels in the industry — flagged the payment as suspicious, the Wall Street Journal reported Monday.

An LLC that Cohen established used First Republic Bank to pay Clifford in order to keep an alleged sexual encounter between her and Trump under wraps; First Republic later reported the payment to the Treasury Department, one unnamed person with knowledge of the matter told the Journal.

The Journal said it was unclear when First Republic first reported the payment. Cohen previously told the paper, while declining to say why he used his own money to “facilitate a payment” to Clifford, that “just because something isn’t true doesn’t mean that it can’t cause you harm or damage. I will always protect Mr. Trump.”

Days before the 2016 election, Clifford’s lawyer threatened to cancel her nondisclosure agreement with Cohen because Clifford hadn’t yet received the promised money, the Washington Post reported Friday. Ten days later, the Post reported, the money arrived. The timing, according the paper, could support two groups’ complaints that the payment was essentially undocumented election spending.

In January, the campaign finance group Common Cause said Cohen’s payment to Clifford violated election law because the hush money “was an unreported in-kind contribution to Donald J. Trump for President, Inc.” The advocacy group filed a complaint with the Federal Elections Commission, as did American Bridge 21st Century Foundation, a Democratic Party-aligned advocacy group.

Mr. Cohen had missed two payment deadlines earlier in October “because he couldn’t reach Mr. Trump in the hectic final days of the presidential campaign,” the Journal reported, citing another unnamed person familiar with the matter. Anonymous sources told the Journal that, following the election, Cohen complained to friends that Trump hadn’t reimbursed him for the expense.

Cohen replied to the Journal’s request for comment with two words: “Fake News.”

Clifford acknowledged a 2006 sexual encounter with Trump in a 2011 interview with In Touch magazine.

Clifford and her attorney were using a client-trust account with City National Bank, which received Cohen’s payment on Oct. 27 2016, the Journal reported. The bank asked Clifford’s attorney in September of 2017 about the source of the payment, the Post reported. The Journal noted that the gap between the payment and City National’s internal investigation of it, nearly one year, was unusual.


Source
"Smokey, this is not 'Nam, this is bowling. There are rules."
ticklishmusic
Profile Blog Joined August 2011
United States15977 Posts
Last Edited: 2018-03-05 23:41:37
March 05 2018 23:37 GMT
#200396
I disagree a bit, though drive and intellectual ability are certainly important. Good schools are much more likely to prepare JD candidates so they can pass the bar.

There are a lot of people at lesser schools who are willing to put in the time, though maybe on average they aren't as smart as some at HLS but likely have enough raw brainpower (whatever that means) to be a lawyer. But they just aren't prepared by their education and background to do well on the bar exam, which tests a certain type of thinking.

There certainly are plenty of people who have no business practicing law for one reason another who don't because of the bar, but there's also a lot of people who could be solid lawyers but just weren't ready for the bar.
(╯°□°)╯︵ ┻━┻
farvacola
Profile Blog Joined January 2011
United States18827 Posts
March 05 2018 23:38 GMT
#200397
I'd say it's equal parts "can you sit down and read/listen/write about a very wide variety of conceptually related, but oftentimes functionally very different topics" and "can you maintain a productive focus in a giant room with hundreds of other people for 8 hours two days in a row."

Quality of school is just another signal, though passage rates among the top 50 are always high and there is an observable relationship between ranking and passage rate, so it's a strong one.

All that said, it cannot be emphasized enough how many people who passed a bar exam are dumb as rocks/incompetent/lazy, or a combination of the three.
"when the Dead Kennedys found out they had skinhead fans, they literally wrote a song titled 'Nazi Punks Fuck Off'"
farvacola
Profile Blog Joined January 2011
United States18827 Posts
March 05 2018 23:41 GMT
#200398
On March 06 2018 08:34 zlefin wrote:
Show nested quote +
On March 06 2018 07:58 Plansix wrote:
On March 06 2018 07:53 zlefin wrote:
I see.
So what's the point of the bar exam then? just a way to screen out people who shouldn't even be trying? no longer necessary regulation that once had a use?

Its a filter. Just like law school and LSAT. There was a day that you didn't need to attend law school to take the bar. But over time lawyers decided it would be better to have a minimum level of universal legal knowledge. When you become an attorney, you are admired to the state bar, which has a governing body. Attorneys police themselves when it comes to who can or can't practice law. In my state they take it very seriously and will crack down on attorneys who behave badly. Rhode Island, not so much. Though one attorney I know of did accuse a Judge of being part of a Zionist conspiracy, which was way to much for even Rhode Island.

how well do they crack down on attorneys who are simply insufficiently competent?

That's an area where state bar association cultures differ wildly. Some states crack down on bad lawyers real hard with robust, active disciplinary pipelines whereas others spend all their resources going after the unauthorized practice of law (think form preparers), to name two attitudes.
"when the Dead Kennedys found out they had skinhead fans, they literally wrote a song titled 'Nazi Punks Fuck Off'"
{CC}StealthBlue
Profile Blog Joined January 2003
United States41117 Posts
March 05 2018 23:54 GMT
#200399
He's snapped it seems.

"Smokey, this is not 'Nam, this is bowling. There are rules."
A3th3r
Profile Blog Joined September 2014
United States319 Posts
March 06 2018 00:01 GMT
#200400
On March 06 2018 00:50 LightSpectra wrote:
*haven't posted here in awhile*

Is there any point in talking to Trump supporters at this point? They live in a parallel reality to ours, where FOX/other Murdoch outlets/Breitbart/InfoWars are legitimate, honest journalistic outlets, and every other outlet in the entire world is part of a giant conspiracy to undermine the right-wing.

That's really what it comes down to. If you think FOX is genuinely "fair and balanced," then Trump (if you are morally capable of putting aside his active campaigning for a child molester, which even the FOX hosts stopped denying eventually) seems like a competent and well-meaning guy that's being undermined by career bureaucrats. If you give any credibility at all to CNN, MSNBC, CBS, ABC, PBS, BBC, WaPo, NYT, the Guardian, Reuters, McClatchy, WSJ, LA Times, Vox, Bloomberg, etc. etc. then he's a corrupt, petulant moron of the highest degree being kept afloat by a Republican Party that is now complicit in the corruption.

After his refusal to divest his financial holdings, Charlottesville, DACA, Roy Moore, escalating civilian casualties in the Middle East/Africa, near-universal corruption in his cabinet, etc., I doubt there are any actual independents left. There's four groups now: the anti-Trumpers, the deluded ones who entrust their immortal souls to FOX [et al.], and the ones who know the pro-Trump media are liars but don't care because they're enthusiastically malicious. And a comparatively small group who don't pay any attention to the news and only know what they see on social media, but that sector is probably split roughly halfway between left- and right-wingers.


no idea what's going on here

Anyways, so I guess Israel continues to be America's staunchest ally against communism, errr.... terrorism. That's a good thing & it's important to have continuity in global politics

http://nationalinterest.org/feature/the-trump-bibi-bromance-more-rhetorical-real-24743
stale trite schlub
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