American Bar Association / ABA

[A] rush to open the practice of law to unschooled, unregulated nonlawyers is not the solution [to the justice gap]. This would cause grave harm to clients. Even matters that appear simple, such as uncontested divorces, involve myriad legal rights and responsibilities. If the case is not handled by a professional with appropriate legal training, a person can suffer serious long-term consequences affecting loved ones or financial security.

William T. “Bill” Robinson III, president of the American Bar Association (ABA), in a letter to the editor of the New York Times. Robinson’s letter responds to an NYT staff editorial arguing that “allow[ing] nonlawyers into the mix” could help address the justice gap, i.e., low-income Americans’ need for legal services.

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Morning Docket: 08.29.11

* You call that a raise? After 12 years of stagnant salaries for state judges, New York’s Commission on Judicial Compensation sure has a funny way of “correcting injustice.” [New York Times]

* Hope you had some D.C. firms on your bid list for OCI, because they seem to be on a hiring spree. Is there room for all of these newbies? [Washington Post]

* Maybe if we let Jacoby & Meyers get some non-lawyer investors, they could afford better commercials. Come on, even the ABA thinks the law should be run like a business. [New York Law Journal]

* O’Melveny wants to give new parents advice on transitioning back to work. After losing talent earlier this year, perhaps the firm could have used some transition advice itself? [The Careerist]

* My parents “ruined my life” a lot when I was a teenager, but I never sued over it. Unfortunately for these plaintiffs, being a snotty little brat isn’t a valid cause of action in Illinois. [Chicago Tribune]

Following a freak earthquake earlier in the week, the East Coast is now bracing for the impact of Hurricane Irene. From the Outer Banks of North Carolina to the boroughs of New York City, people are getting ready for another natural disaster that could prove to be devastating.

And speaking of natural disasters, we hear that some folks in North Carolina received their bar exam results today. Congratulations — you’re first to get your bar exam results this year, and you’re first to get ravaged by Irene.

Hopefully this will all blow over. But in case it doesn’t, it’s important to be prepared.

Let’s see how law firms and law schools are getting ready for Hurricane Irene….

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We write about depressing news for law students and law school graduates all too often these days, which is a very, very sad thing. We know that you don’t want to be reminded about the impending doom you may soon face. We really do wish that we had more positive news to report. But in this economy, it’s just not possible.

Gone are the days when earning a JD meant having automatic employment prospects. Gone are the days when having student loans wasn’t completely debilitating. These days, the JD has taken on a new meaning. It doesn’t just mean Juris Doctor anymore. These two are a little more fitting: Job Dilemma and Jumbo Dumbass.

The Connecticut Law Tribune has come out with an informative piece just in time for new 1Ls to realize that they may have embarked upon a six-figure mistake….

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State bar associations could help address [low-income Americans' need for legal services] by requiring lawyers to report their pro bono service — such disclosure would likely increase many lawyers’ service to the recommended 3 percent to 5 percent of their paid work. Another step is to allow nonlawyers into the mix. The American Bar Association has insisted that only lawyers can provide legal services, but there are many things nonlawyers should be able to handle, like processing uncontested divorces.

– a New York Times staff editorial entitled Addressing the Justice Gap, which offers several proposals for reform of the legal profession. You can read the full piece here.

In the wake of the east coast earthquake of 2011, the legal world seems to be back to its regularly scheduled programming. Courts are back in session, law firms have reopened, and government agencies are fully functioning. While some got a welcome day off yesterday, others only received a temporary respite from work.

Thankfully, the damage to the capital region seems to have been limited. At first it was reported that we may have had a Leaning Tower of D.C., but it turns out that the Washington Monument is just cracked. In other monument news, the Lincoln and Jefferson memorials are closed for further inspection, and the National Cathedral has sustained “mind-boggling” damage.

We received a lot of tips from our readers about their earthquake experiences, but more importantly, we have the final results from our reader poll. We now know who we can blame for moving the earth and disrupting our day. And no, it wasn’t Obama’s Fault.

Find out who is responsible, after the jump….

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We shouldn’t be surprised that the American Bar Association barely cares about law schools misleading prospective law students when the organization doesn’t even really seem to mind when law school lie directly to the ABA itself. The Villanova Law LSAT scandal has been resolved, and boy are you going to be underwhelmed by the penalties associated with lying to the ABA for four years.

For those who haven’t been following along, an investigation revealed that former Villanova administration officials misrepresented the median LSAT scores and GPAs of incoming Villanova students. The deceit took place for many years. Investigators later found that Villanova also falsely reported the number of admission offers extended to Villanova applicants.

These are pretty serious findings against the school. You’d expect the punishment to be severe… unless you’ve actually been paying attention to how the ABA operates. If you are an ABA watcher, you know that this is an organization that thinks wrists are for slaps, not for cuffs.

Either way, all will find it amusing to listen to Villanova Law Dean John Gotanda try to explain how the meaningless sanction was only achieved because Villanova took the matter so seriously….

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You've got to be kidding me with this...

In mid-July, we wrote about Senator Chuck Grassley (R-IA) and his quest to get answers from the American Bar Association about the future of legal education in this country. Grassley’s inquiry came on the heels of a similar request from Senator Barbara Boxer (D-CA).

Steven Zack of the ABA responded quickly, making sure to pass a great deal of the blame off on the Section of Legal Education and Admissions to the Bar.

Grassley was apparently unimpressed with the response he received from the ABA, so last week he fired back with a shorter (and snarkier) list of questions.

Recall that Zack’s last response to Grassley touted that “no one could be more focused on the future of our next generation of lawyers than the ABA.” Will those be Zack’s famous last words in this debate?

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LeRoy Pernell

When the statistics tell you that virtually every black college will be in noncompliance, it’s a matter of grave concern.

LeRoy Pernell, dean of Florida A&M University College of Law, commenting on the possibility of a more stringent ABA bar passage requirement for law schools.

(At present, to remain in good standing with the ABA, at least 75 percent of a law school’s graduates taking the bar in the school’s state must pass for at least three of the past five years. The new ABA proposal calls for an 80 percent bar passage rate or a rate no more than 10 percentage points lower than other law schools in the state.)

Gay or European? Or just puppets?

* Should the police be able to use mobile-phone location data in order to locate a charged defendant? Kash reports on a recent decision. [Not-So Private Parts / Forbes]

* More importantly, should Bert and Ernie of Sesame Street get “gay married”? [Althouse]

* The ABA takes a lot of blame for the inadequacy of graduate employment reporting by law schools, but at least they’re taking “a step in the right direction,” according to Professor Gary Rosin. [The Faculty Lounge]

* Professor Ilya Somin: “The Decline of Men or Just the Rise of Women?” [Volokh Conspiracy]

Raj Rajaratnam

* Leave it to a whiny law student to complain about getting a package delivered before its estimated arrival time. [White Whine]

* “The Revenge of the Rating Agencies”: no, it’s not a horror film, but an interesting NYT op-ed by Professor Jeffrey Manns. [New York Times]

* Lawyers for Raj Rajaratnam argue that their client deserves a lower prison sentence due to a “unique constellation of ailments ravaging his body.” There’s a whole lot to ravage. [Dealbreaker]

* If you’d like to lose your appetite, read this Texas lawyer’s profane blog chronicling his effort to eat cheaply for a month (under $12.50 for every meal). [30 Days @ $12.50]

* No need to email us that Kentucky judge’s (very funny) “tick on a fat dog,” “one legged cat in a sand box” order, regarding a case that settled, obviating the need for a trial — we covered it last month. Thanks. [Above the Law]

July shaped up to be a pretty good month for going after lower-ranked law schools. It isn’t even mid-August, but this month might end up even better.

Early in July, we reported that Kurzon Strauss, a small law firm based in New York, was trolling Craigslist for plaintiffs to sue Thomas M. Cooley Law School over its employment reporting practices. Cooley Law decided to strike first, suing the firm for defamation. And at about the same time, New York Law School and its dean, Richard Matasar, got ripped a new one in the New York Times.

And now, both law schools are getting sued for fraud, negligent misrepresentation, and deceptive business practices — à la Alaburda v. TJSL, the lawsuit filed back in May against Thomas Jefferson School of Law by an unhappy alumna.

Karmic revenge sure is sweet….

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No protection = lonely erection.

People see our sign. They read it. They walk away. They turn around. They come back and they grab a handful.

Shelley Hayes, chair of the ABA AIDS Coordinating Committee, commenting on the fact that even lawyers can’t pass up a free condom. The Committee offered free condoms and HIV testing at the ABA Annual Meeting in Toronto.