Reciprocity

  • Law

The February bar exam results show a 57% passage rate. That means some new competition coming to town. And based on yesterday’s comments, it seems that scares some of you. Not necessarily the new lawyers, but more the thought of increased competition that might come from reciprocity. As part of its 2018-2020 Strategic Plan, the Nevada Bar is examining reciprocity to determine what makes sense for Nevada. The discussion already started yesterday, but as divisive as the topic of reciprocity is, what is the solution? Can we simply continue to say no? If we do, are we looking out for our own best interests or is it really in the best interest of the public? What should the Board of Governors do before making a decision/recommendation on reciprocity?

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Anonymous
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Anonymous
May 9, 2019 3:52 pm

Continue to say no. Reciprocity is not the solution.

Anonymous
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Anonymous
May 9, 2019 4:06 pm

Is there really a good argument that reciprocity will harm the public, or is the opposition really just a cynical drive for protectionism?

Anonymous
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Anonymous
May 9, 2019 4:21 pm
Reply to  Anonymous

Someone made the argument yesterday that, given the nature of Las Vegas, we tend to attract some unsavory characters. With reciprocity, it's likely we'll see a few more of those unsavory characters in the form of attorneys. I, for one, like to think that the market will drive those people out with competition, but simple math tells me there will still be some unfortunate clients affected by reciprocally admitted bottom feeders.

Anonymous
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Anonymous
May 9, 2019 4:32 pm
Reply to  Anonymous

With California allowing non-lawyers to study with attorneys to become an attorney–reciprocity will have a plethora of uneducated Californians telling YOU, the educated lawyers, why YOU are wrong. Have fun!

Anonymous
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Anonymous
May 9, 2019 4:43 pm
Reply to  Anonymous

I don't have a strong opinion either way on reciprocity. For my own protection I like not having it now because I don't really want to move out of state now, but I can't say I never will want to move. But 9:21, you're kidding yourself if you think "the market" will drive out unsavory attorneys. Any market-based solution relies on customers/clients acting rationally and having perfect information. People have no idea who's good, that's why billboard lawyers are millionaires.

Anonymous
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Anonymous
May 9, 2019 4:56 pm
Reply to  Anonymous

9:32, reciprocity doesn't necessarily mean you have to recognize admittees who didn't graduate from an ABA accredited law school.

Anonymous
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Anonymous
May 9, 2019 4:57 pm
Reply to  Anonymous

9:32 AM-Non lawyers taking the bar exam (clerkship message). Kudos to you. California clerk ship licensed attorneys with no legal education is a small part of the problem. The Non-ABA law graduates, non California Board of Regents graduates, on line graduates and store front law school graduates who passed the bar are a significant percentage of practicing lawyers. Just guessing but probably 30 per cent or more.

Anonymous
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Anonymous
May 9, 2019 4:59 pm
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Nevada looking at and heading toward adopting UBE and reciprocal admission is typical of the Board of Governors & Supreme Court "jump on the band wagon" policy choices. It's inevitable that our governing clowns will adopt UBE and reciprocity.

To allow reciprocity, we should adopt very high standards to allow an attorney to obtain a license by motion instead of exam. For example, our Bar could permit admission on motion if: 1) applicant has completed (5-10?) years of active practice in another jurisdiction that allows reciprocal admission; 2) achieved a score of 80th% on the UBE and MPRE; 3) pass comprehensive background check (no prior discipline, no sanctions, no other aggravating circumstances like DUIs, unpaid taxes or child support, history of malpractice cases, etc.); 4) pays $10,000 or some other number that would allow the admission to be fully processed and compensates SBN for the convenience of admission by motion; and 5) applicant's home bar permits similar reciprocal admission. Of course, attorneys could alternatively go through the traditional application and exam process.

If you have an opinion on any of this, you need to speak up outside of this anonymous platform.

Anonymous
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Anonymous
May 9, 2019 5:17 pm
Reply to  Anonymous

I somewhat agree with 9:59 although i believe that such requirements listed are too harsh. Definitely agree reciprocity for 5 year minimum experience, pass background check, and must carry malpractice insurance in NV. That way we can ensure whoever wants to practice in NV is not a complete bonehead and has insurance should he mess up. I also suggest that for the first 1-2 years of practicing in NV, they must also work with a local attorney to ensure they are follow NV standards (similar rationale to pro hac vice). that way it will ensure the attorneys coming here in fact are serious about practicing and not trying to jump in and make a quick buck

Anonymous
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Anonymous
May 9, 2019 6:12 pm
Reply to  Anonymous

I disagree with 9:32AM. California does not have reciprocity so it will not be included in any changes to Nevada's rule regarding the issue. As to individuals who have not gone to law school taking the CA BAR, I am not sure that is still the law there.

Anonymous
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Anonymous
May 9, 2019 8:30 pm
Reply to  Anonymous

11:12 AM: Check it out. http://www.calbar.ca.gov/Admissions/Requirements/Education
•Four years of study under the supervision of a state judge or attorney

Anonymous
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Anonymous
May 10, 2019 2:37 am
Reply to  Anonymous

@9:59; I agree with most but not all of your points/requirements. I don't see a rational basis for setting the motion fee at $10k. That would far exceed any realistic costs the SBN would incur in processing the motion and recommending to the NSC whether it should grant or deny it.

Texas has had an admission by motion process for at least 20 years and it works fairly well. It, along with other states with an efficient and effective long established process could be a reasonable starting point for drafting rules for admission by motion in Nevada. At a minimum, the process should require:

1) The state bar membership from which the applicant is seeking recognition and reciprocity must be in good standing and grant reciprocity to Nevada attorneys seeking admission on motion to that state;

2) Graduation from an ABA law school or obtaining a functional equivalency certification (currently allowed for traditional applicants wishing to sit for the Nevada Bar);

3) Successfully passing the MPRE exam with the score required if taken as part of sitting for the Nevada bar exam (wouldn't matter where taken or when, but the score would have to meet the requirement);

4) Having passed the MBE portion of the original bar exam with a score matching that which is required to pass the Nevada MBE portion of the bar exam (again the when/where doesn't matter but the score does);

5) The applicant pass the same background investigation that an applicant seeking admission by testing must pass;

6) The applicant have at least 5 years of active practice of law within the 8 years immediately preceding the motion;

7) The applicant has no prior discipline imposed of the nature that would disqualify them from admission by testing method.

Once admitted by motion, all rules applicable to an attorney admitted by examination would be equally applicable to an attorney admitted by motion.

Anonymous
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Anonymous
May 11, 2019 11:24 pm
Reply to  Anonymous

I am against reciprocity as I can foresee a future where insurance carriers and other large corporate entities bring in only the nastiest, most obstructive, hired guns to litigate their cases. These itinerant litigators would have little concern about ethical violations and every incentive to stall, obfuscate and outright destroy evidence to win their cases. Like snake oil salesmen of yesteryear, if their reputation starts to catch up they will just pack up and move to the next village to hawk their spurious arguments.

Anonymous
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Anonymous
May 13, 2019 5:36 pm
Reply to  Anonymous

But doesn't this miss the point about how bar discipline works when an attorney is admitted in more than one jurisdiction? Discipline is reciprocal. The discipline in one jurisdiction becomes discipline in all jurisdictions where the attorney is licensed. So wouldn't the bad reputation of an itinerant litigator raise flags during character and fitness review?

Anonymous
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Anonymous
May 9, 2019 4:58 pm

Meant clerkship method not message.

Anonymous
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Anonymous
May 9, 2019 7:03 pm

Reciprocity? I'm still really pissed that they added a February bar exam! Can anyone articulate a rational reason for making it progressively easier to become a member of the State Bar of Nevada?

Anonymous
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Anonymous
May 9, 2019 9:20 pm
Reply to  Anonymous

Because weakening standards is "doing right by Nevada."

https://www.nvbar.org/wp-content/uploads/NevadaLawyer_April2018_DeansColumn-UBE.pdf

Anonymous
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Anonymous
May 9, 2019 7:48 pm

Easier bar exam. February bar exam. 12:03 PM. The February Bar was added to supposedly accommodate the UNLV Boydsters who were graduating night students and day students who were flunking the exam. The net result is that out of state attorneys now come to the winter (February) administration (mostly California). There has been a frontal attack on the integrity of the exam and the grading. Dean Hamilton claims it is too harsh but his analogies and statistics are not correct. First the school floods the market with too many attorneys and now the Dean wants to kill the market with reciprocity. This will be the stake in the heart of local practitioners. The law school is trying to control the profession. They should just concentrate on being a good law school. The objective of the law school is to get folks from outside of Nevada although most are from Las Vegas and Northern Nevada.

Anonymous
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Anonymous
May 9, 2019 9:33 pm
Reply to  Anonymous

The objective of the law school is to get (i.e., teach) folks from outside of Nevada? Gee, I always thought the objective of the law school is to provide a legal education for primarily in-state residents who (we hope) will ultimately decide to practice in Nevada, thus supporting a robust market for legal services in this state. You know, basically no different than any other higher education in a state.

Anonymous
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Anonymous
May 9, 2019 10:14 pm
Reply to  Anonymous

Dean Hamilton is trying to build a regional powerhouse law school that attracts out of state students. He has said that he wants to attract the best not just from Nevada but all over and that the UBE is necessary to attract the best. Not kidding. Heard this from him. For example, UNLV Boyd and Dean Hamilton are obsessed with the ratings/rankings. Yes UNLV Boyd has done well and continues to move up. But is that the reason for the UBE? The attorneys supported UNLV law school and this is what we get in return. One of those California Law Schools tried to open here–Western States which is now Thomas Jefferson. The lawyers stopped it so UNLV could open a state sponsored law school. They promised they would have local attorneys teach and support the legal community. Where is that support now???

Anonymous
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Anonymous
May 9, 2019 8:28 pm

All I have to say is Kim Kardashian. She does not even need to go to law school to take a bar exam. No on reciprocity.

Anonymous
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Anonymous
May 9, 2019 11:01 pm
Reply to  Anonymous

I've taken the California bar. It sucked. If she can pass without going to law school (through apprenticeship and dedicating time and effort to it), more power to her. CA doesn't have reciprocity anyway! All of this "sky is falling" reciprocity uproar seems like much ado about nothing.

Anonymous
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Anonymous
May 9, 2019 11:06 pm
Reply to  Anonymous

California does not have reciprocity and neither should Nevada. But there are 49 other states and attorneys that want to come here. What if California adopts reciprocity? What if they join the UBE states?

Anonymous
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Anonymous
May 9, 2019 11:55 pm

I'm inactive in another state and active in Nevada. Sometimes I think about moving out but if I go anywhere other than these 2 states, I would have to take a new Bar exam. (My other state has reciprocity, but most states only recognize 5+ years of "active" practice.) I can't say that I'm all that worried about a flood of out-of-state attorneys coming to town, but I would love to have the option to move w/o another exam if that day comes.

Anonymous
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Anonymous
May 10, 2019 2:56 am

There should not be reciprocity for newly minted lawyers from other states, but maybe with 5 years actual practice. There is another important consideration. Nevada's Bar is the 5th toughest, with a pass rate between 55% and 57%. Some other states have pass rates nearing 90%. Do we really want people practicing here who couldn't pass our bar exam? (Hint: think about the quality of legal services that you see now).

Anonymous
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Anonymous
May 10, 2019 3:45 pm

The RJ Letters to the Editor have been somewhat amusing of late, particularly the recent back-and-forth about ambulance chasing lawyers:
The Insult to our Noble Profession
The Opposition
The Reply

Anonymous
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Anonymous
May 10, 2019 4:20 pm

Off topic: Any recommendations for a budget friendly weekend getaway from Vegas? Preferably somewhere that is quieter than Las Vegas.

Anonymous
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Anonymous
May 10, 2019 4:24 pm
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Big Bear

Anonymous
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Anonymous
May 10, 2019 4:33 pm
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Cedar Mountain / Brian Head. Southern Utah is nice for outdoors stuff as long as you stay out of Zion National Park, which has been tragically ruined by NPS mismanagement and a tidal wave of Californians.

Anonymous
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Anonymous
May 10, 2019 4:38 pm

Laughlin