Tuesday, March 8, 2016

The Oklahoma State Supreme Court contributes to accelerating demise of attorney regulation

Attorney licensing, as any other form of occupational regulation, is declared to be done in the interests of consumers.

The government verifies, we are explained, for the benefits of consumers, that licensed attorneys should have the right qualifications and skills to practice.

For that purpose, rigorous standards are set for certification of law schools, and for licensing examinations for attorneys called "bar examinations".

And, certifications of educational institutions and licensing exams exist - remember? - to protect the consumer from unqualified providers.

So, what if law schools cannot get certified by those rigorous standards?  They must then close - the logical answer.

So, what if law students cannot pass that bar exam (a pass or fail test)?  They must then be denied the law license.  Anything else undermines the declaration that attorney licensing is done for protection of consumers.

Well, the Oklahoma Supreme Court just helped show the America public what a sham attorney regulation is, by lowering the bar for the statewide attorney licensing - because law graduates increasingly fail to pass it, despite the fact that previous generations of law students (of better educational caliber, obviously) could and did pass it in higher numbers.

Is it a protection for consumers at all if attorney candidates who cannot prove their skills in order to gain the right to represent their clients are simply forgiving the fact that they cannot prove their skills to the required standards, and the standard is simply dropped so that they can meet it?

Why take the bar exam at all then if it is a chameleon test, to be suited to the body of students taking it.  

They say - do not blame the mirror for your face.

Do not blame the result of the bar exam for your own lack of knowledge.

Not any more.

Now that the Oklahoma bar exam is changed from a real-life mirror to a magic mirror.

Instead of reflecting to the consumers that those who passed the test possess the required skills to represent them, now the simplified Oklahoma bar tests insults all future bar takers and puts into all consumers doubts as to whether all future Oklahoma bar takers idiots who are unable to satisfy rigorous standards that previous attorneys could satisfy.

Therefore, in Oklahoma, the price of attorneys admitted to the bar in the "pre-dumb bar exam era" will go up and it will be even more difficult for the "post-dumb bar exam era" attorneys to find a job.

If regulation of the legal profession is dying, the courts should not insult those still trying to join it by lowering the test standards to all applicants, as if all of them are unable to meet the previous standards.

In any event, consumers of legal services, beware.

If the previous bar exam was not a guarantee of quality of legal representation, the dumber bar exam leaves a gaping question as to why attorney regulation continues to exist at all.

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