Recently, the Kentucky Supreme Court rejected a registered sex offender’s application to sit for the Kentucky bar exam. Guy Padraic Hamilton-Smith pled guilty in 2007 to a single charge involving the “possessing or viewing of matter portraying a sexual performance by a minor.” He received a five-year suspended sentence but was ordered to register as a sex offender for the following twenty years. Hamilton-Smith graduated from the University of Kentucky College of Law in 2011. Since graduating, he has been working in a non-lawyer position for the Lexington firm of Baldani, Rowland, and Richardson.
The Kentucky Office of Bar Admissions denied Hamilton-Smith’s application to sit for the bar exam, citing character and fitness concerns. The Office also asked the Kentucky Supreme Court to create a rule that would have kept all registered sex offenders from joining the state’s bar, but the court opted against that suggestion. Instead, the court wants the Office of Bar Admissions to consider bar applicants with sex-offender registration on a case-by-case basis.
What were the particular circumstances in Hamilton-Smith’s case that led the Kentucky Supreme Court to deny his application, despite not creating a blanket rule? Was it the right outcome?
As 2013 draws to a close, let’s look back at the 10 biggest stories in the legal profession over the past year. This is an annual tradition here at Above the Law, which we’ve done in 2012, 2011, 2010, and 2009. We’ll fire up the old Google Analytics machine to get data on our most popular posts, based on pageviews, and share the results with you.
Before turning to specific stories, let’s look at the top general discussion topics here at ATL. For 2013, our most trafficked category page was Biglaw, which bumped Law Schools out of the top spot — a spot that Law Schools held from 2010 through 2012. Now that the word is out about the perils of getting a law degree, leading to plummeting applications, perhaps it’s time to move on from the “don’t go to law school” narrative.
After Biglaw and Law Schools, our third most-popular category page was, as usual, Bonuses. This wasn’t a terribly exciting year for bonuses — there were no spring bonuses, and Cravath and its many followers paid out the same bonuses as last year — but people still want to know the score.
Our fourth most-popular category page was small law firms. Small firms, including boutiques, are an area of increasing focus and readership for us — and also where many of the job opportunities are these days.
Moving on from the topic pages, what were the 10 most popular individual posts at Above the Law in 2013?
We’re now in year two of the Michigan “let’s make the bar exam more difficult” plan. In 2012, the Michigan Board of Law Examiners changed the weight it gives to the essay questions, with the goal of producing lawyers with a better understanding of state law. I don’t know, there are probably all sorts of things that don’t apply to automakers in Michigan that you’d never see on the Multistate section.
This makes the bar more difficult and more stupid at the same time. It’s harder to answer an essay question than a multiple choice event where you can make an educated guess, but it’s also dumber to administer a “standardized” test that relies heavily on the individual tastes of essay graders.
In any event, the results from the July 2012 bar exam were predictably horrific. Only 55% of test takers passed the July 2012 test. Cooley totally embarrassed itself, even by Cooley standards, with only 42% of test takers from that school passing.
This year, 60% of test takers passed the July 2013 Michigan Bar. So that’s better, though still pretty rough. Cooley, again, covered itself in glory by posting a 43% pass rate. But all the law schools have complained about Michigan’s new, harder exam.
And the Michigan BOLE doesn’t care. Law schools in Michigan better raise their game, because the game ain’t changing….
O frabjous day! Callooh! Callay! On Friday, California bar exam results came out (and 55.8% of applicants passed, with a pass rate of 68% for first-time takers, meaning that just one stat is up (barely) from last year’s results). And today, we’ve finally got a list of the passage rates for the July 2013 administration of the New York bar exam by law school.
In 2012, more than half of the state’s law schools saw their pass rates take a tumble. In 2013, more than half of the state’s law schools were able to improve their pass rates, and in some cases, by epic proportions. The state’s overall pass rate for first-time takers jumped by two percentage points.
So which law schools’ pass rates climbed, and by how much? And which school sank like a stone?
* In November, Supreme Court justices engaged in the “totally unnecessary” practice of releasing 41 pages of nondecision opinions. In all fairness, we can’t really blame them for enjoying hearing themselves speak. [National Law Journal]
* These D.C. Circuit judges of differing political viewpoints “disagreed less than 3 percent of the time” over the course of two decades. Please, keep arguing about the court’s “ideological balance.” You’re accomplishing lots. [New York Times]
* With more tie-ups than ever before and another record broken, 2013 is officially the year of full-blown law firm merger mania. Query how many more we’ll be able to add to the already huge list of 78 by the end of December. [Am Law Daily]
* Speaking of which, Baker Hostetler is merging with Woodcock Washburn, an intellectual property firm with a name that sounds like the aftercare instructions for a painful sex toy injury. [Philadelphia Inquirer]
* Of course a fired ADA’s scandalous emails landed on BuzzFeed. This is one more embarrassing chapter in the Brooklyn District Attorney’s Office’s terrible, horrible, no good, very bad year. [New York Times]
* It’s amazing how things can change in a year. In 2012, New York bar pass rates for in-state schools fell. In 2013, they’re up — except for one school, which is way down. Which one? [New York Law Journal]
And now time for another attempt to “re-imagine” the otherwise useless third year of law school. This time, ALM editor-in-chief Aric Press weighs in with a thoughtful piece about how law schools could be doing a much better job at preparing people to take and pass the bar exam, especially minority students. Whether or not the bar exam is a good test of practice-ready skills barred attorneys need is a different question: at the very least, we can argue that law schools should be preparing would-be lawyers to be licensed.
It’s an interesting idea, but let’s be clear: most people, most of the time, can pass the bar with the help of an eight-week dedicated prep course. “Preparing students for the bar” cannot by itself justify an entire year of some of the most expensive education around. Getting people ready for the bar isn’t a “reform,” it should be a basic requirement for any accredited law school. And many law schools are already doing a decent enough job at graduating law students who can pass the bar. I’m not sure that we should change the focus of education for everybody just because some schools are not achieving basic competence…
‘Gee, my life is so meaningful. Thanks a lot, law school!’
* Despite the fact that the overall demand for legal work was down by five percent during the first nine months of the year, law firms still raised their hourly rates. Hey, what can we say? Math is hard. [Am Law Daily]
* After instructing his lawyers not to speak during what he called a “sham sentencing,” Whitey Bulger received two life sentences plus five years. Don’t worry, the appeal won’t be a sham. [National Law Journal; CNN]
* Attention c/o 2015: the New York City Bar Task Force is considering throwing commercial paper out the window in favor of administrative law. Something something arbitrary and capricious. [New York Law Journal]
* What is law school for, aside from collecting gigantic mountains of non-dischargeable student loan debt? Apparently it’s for creating a more meaningful life, because with poverty comes clarity. [WSJ Law Blog]
* In the very near future, you might need a license to conduct business with virtual money like bitcoin. The Brothers Winklevii are probably already preparing their paperwork to file. [DealBook / New York Times]
The best law school professors have practical experience that allows them to draw from personal memory to bring a lesson to life for students. One professor who often lectures students on their ethical obligations can now draw from her own experience to tell students about what happens when lawyers lie to federal judges to help clients perpetrate a fraud.
The irony is scrumptious.
You’d think that getting busted for lying to a judge and benchslapped silly would doom a law professor, but that’s premature. She’ll probably lose her job for failing as a professor first….
As the days roll on, more and more bar exam results from the July 2013 administration of the test are being released.
We’ve actually reached the point where just about every state in the country has unleashed its exam results except for Maryland (expected by end of business today), New Jersey, and California. Those folks still have some time to wait on pins and needles, but for now, we’ve got confirmed news about results from states that came out on Halloween, just in time for festive holiday celebrations.
So it’s time for a round-up of all of the results that went live yesterday, including Texas and Virginia, and some rumors we’ve heard about Maryland. Here’s an open thread for you to discuss your thoughts…
On Tuesday afternoon, we started receiving tips about the release of the New York Bar results for the July 2013 administration of the exam. We found this to be really odd because it’s not even November yet. In fact, it’s not even Halloween yet. We’ve got to say, the members of the New York Board of Law Examiners have a pretty sick sense of humor if this is their idea of holiday fun.
What kind of frights or delights are in store for New York bar examinees when they open their email? Let’s find out.
Professor Joel P. Trachtman (JD Harvard Law School) has developed a unique, practical guide to help lawyers analyze, argue, and write effectively.
The Tools of Argument: How the Best Lawyers Think, Argue, and Win is a highly readable 200-page book, available for about $10 in paperback or e-book. Chapters focus on foundational principles in legal argument: procedure, interpretation of contracts and statutes, use of evidence, and more. The material covered is taught only implicitly in law school. Yet, when up-and-coming attorneys master these straightforward tools, they will think and argue like the best lawyers.
For most attorneys, time spent managing the books is a necessary evil at best. Yet it is undeniably a crucial aspect of running a successful practice. With that in mind, we invite you to view or download a free webinar by Above the Law and our friends at Clio to learn how to better manage your finances.
Take this opportunity to learn what it takes to streamline your accounting and get the most out of your time. The webinar agenda:
● The basics of accounting for lawyers.
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● Steps to prepare your tax return for your firm’s income.
Do not miss this crucial chance to optimize your accounting practices. Save time and get back to billing!
Ed. note: The Asia Chronicles column is authored by Kinney Recruiting. Kinney has made more placements of U.S. associates, counsels and partners in Asia than any other recruiting firm in each of the past seven years. You can reach them by email: firstname.lastname@example.org.
Please note that Evan Jowers and Robert Kinney are still in Hong Kong and will stay FOR THE REMAINDER OF THIS WEEK. We still have a handful of available slots for meetings with our Asia Chronicles fans. If we have not been in touch lately, reach out and let us know when we could meet! There is no need for an agenda at all. Most of our in-person meetings on these trips are with folks who understand that improving a legal practice through lateral hiring is an information-driven process that takes time to handle correctly.
Regarding trends in lateral US associate hiring in Hong Kong, we of course keep much of what we know off of this blog. Based on placement revenue, though, Kinney is having one of our most successful years ever in Asia. We are helping a number of our law firm clients with M&A, fund formation, cap markets, project finance, FCPA and disputes openings. These are very specific needs in many cases, so a conversation with us before jumping in may be helpful. As always, we like to be sure to get the maximum number of interviews per submission, using a well-informed, highly targeted, and selective approach, taking into account short, medium and long-term career aims.
Making a well informed decision during a job search is easier said than done – the information we provide comes from 10 years of being the market leader in US attorney placements at the top tier firms in Asia. There is no substitute for having known a hiring partner since he/she was an associate or for having helped a partner grow his or her practice from zip to zooming, and this is happily where we stand today – with years of background information on just about every relevant person in all the markets we serve, and most especially in Hong Kong/China/Greater Asia. So get in touch and get a download from us this week if we can fit it in, or soon in any case!