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Archive for the ‘Your friendly state bar.’ Category

El Pato | by ArmandoH2OTwo days before Thanksgiving, the State Bar of Arizona served up official notice of what I’m characterizing as a layered roast of poultry called a turducken. For gourmands, a turducken is a culinary dish consisting of a deboned chicken stuffed into the gastric cavity of a deboned duck, that’s then stuffed into the business end of a turkey and roasted.

The Arizona Bar’s pre-holiday version is a different kind of three-bird fowl. The Bar’s turducken consists of a turkey misnomered a “Public Service Center” engastrated by a lead generation platform that purports to expand access to justice because persons looking online for lawyers are referred to lawyers looking for clients.

Turducken | by sueanddannyThe smallest bird in the Bar’s three-bird roast is the hen-sized pro-bono component that aspires to help the poor by finding lawyers willing to work for free. The cost for all this stuffed fowl is estimated to run $300,000 per year paid for by all Arizona lawyers — whether or not they make use of the new customer acquisition tool dressed up in public relations garb.

The news came by way of a blast email transmitted November 22nd by State Bar President Lisa Loo who cloaked the announcement as its response to an Arizona Supreme Court rule amendment that states:

“The State Bar of Arizona exists to serve and protect the public with  respect to the provision of legal services and access to justice. Consistent with these goals, the State Bar of Arizona seeks to improve the administration of justice and the competency, ethics, and professionalism of lawyers practicing in Arizona.”

File:Turduckenhen.jpgHow this broadly written rule automatically translates into more Bar employees; an expanded bureaucracy; a new business deal with a third-party tech marketing provider; and a new $300,000 annual expense is a testament to how self-serving bureaucrats will always be drawn to bigger bureaus.

Along the way, the Bar says its “Center will work with existing legal aid and referral services as well as other community partners to increase opportunities for the public and our members to connect.” What the introduction of a competing online lawyer referral vehicle means to the likes of the voluntary county bar association’s long running revenue-generating lawyer referral service remains to be seen.

“The Bar is still a member organization, and we intend to maintain the many programs that support and enhance the practice of law throughout Arizona,” the Bar President goes on to declare in her email. Said another way, the bottomless bureaucratic maw will always be fed so long as lawyers are forced to join a mandatory trade association as a precondition to practice law in Arizona.

Turducken easter06.jpgThe blast email letter closes with an oblivious admission — that underscores the root of the Bar’s problem. The State Bar of Arizona has an irreconcilable conflict of interest in claiming to both protect the public from its lawyers while at the same time serving the interests of those lawyers. Memo to the Bar: The interests of the public aren’t always the same as the interests of lawyers.

“Our job today,” the email explains, “is to find the best way to help both the public and our members.” The Bar thinks that by running a client lead-generator to grow the business of its members it will also help the public’s access to justice. How that exactly helps the large swath of Arizonans who can’t afford to hire a lawyer is left unexplained. And by the same kind of magical thinking, the Bar incredulously asserts this new business-generator will ‘oh-by-the-way’ also help expand legal services to the indigent.

The final tidbit of disingenuity is a solicitation for “your thoughts regarding this initiative.” As previously related, the Bar’s Board of Governors has already voted overwhelmingly in favor of the initiative and has even green-lighted its inclusion in the Bar’s 2017 fiscal budget. No wonder the Bar says it “will do so within our existing budget.”

Asking members after-the-fact for their thoughts clearly amounts to window dressing – a cynical pose of regard. And it’s about as worthwhile as asking the chicken and the duck what they think about being stuffed up a turkey.

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Credits: “El Pato,” by Armando Aguayo Rivera at Flickr Creative Commons Attribution; Turducken by Sue & Danny Yee at Flickr Creative Commons Attribution; Turducken by Engelmann at Wikimedia Commons via Creative Commons Share-alike attribution license; Turducken by Bojangles at Wikimedia Commons public domain.

 

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No more “moldy mayonnaise.” Holidays and salad days are here again. “Too Many Law Students, Too Few Legal Jobs” — nonsense! The lawyer glut must be over. Let the good times roll! Or at least that’s what you might conclude on news an online law school is seeking permission to matriculate students with the goal of having its graduates in Arizona apply for admission to practice in the state.

There are 205 American Bar Association-accredited law schools in the United States. In virtually all jurisdictions, only ABA-accredited law school graduates may sit for a respective state bar exam to gain admission to practice. But according to Concord Law School at Kaplan University, there’s room for one more exception — for Arizonans.

On November 9, 2016 Concord Law School (CLS) Dean Martin Pritikin asked the Arizona Supreme Court to amend its rules to permit not just ABA-accredited law school graduates to apply for Arizona admission but to also let graduates from “an online law school approved by one of the six regional accreditors federally recognized by the Department of Education.” That description conveniently applies to CLS.

Never mind that 65 percent of law schools recently surveyed — by Kaplan Test Prep no less — say there are too many law schools. Survey respondents even said it “would be a good idea if at least a few law schools closed.” 

From these responses, it’s clear too many law schools equals too much competition for students. And talk about timing, one law school just announced plans to close on June 30, 2017. Indiana Tech will shut down its law school less than one year after the ABA gave it provisional accreditation.

As for Concord’s petition, you can read it here. It explains why CLS is not only less expensive but why it’s supposedly as good as ABA-accredited law schools. The petitioner explains, “CLS admits a lower percentage of its applicants than nearly half of ABA schools. During the most recent administration of the California bar exam (by many accounts the most difficult in the nation) for which data is currently available, CLS graduates’ first-time pass rates were within nearly one point of those of California ABA schools, and were a point higher than those of out-of-state ABA schools.”

And Concord’s research of U.S. Census and ABA data even allows it to claim “Arizona has a below-average number of lawyers . . . 1 for every 417 people, as compared to 1 for 247 people nationwide.” Either ratio sounds like a lot of lawyers per capita. But alas, the ‘sweet spot’ for lawyers per capita remains a mystery. Bottom line, it must be whatever the lawyer cartel says it is.

But no matter. If like the State Bar of Arizona, access-to-justice means access-to-lawyers, then what’s one more outlet for law degree sheepskins and lawyers in the state? This is why, says the petitioner, Arizona needs what Concord is selling.

“Arizona has three ABA law schools, only one of which offers a part-time program. Millions of Arizona residents do not live within commuting distance of these schools. CLS’s flexible online format makes law school accessible to those whose geography, work or family responsibilities, military service, or other life circumstances prevent them from attending traditional campus-based institutions. Allowing CLS graduates to sit for Arizona’s bar exam would create new educational opportunities for the state’s residents, as well as expand access to legal services in underrepresented areas. This is particularly important for Native Americans living on reservations within the state’s borders, who are in great need of, but will have little access to, legal education–and thus legal services–without a fully online option.”

Just the same, good luck making your case Concord. You’ll need it. Thanks to the Arizona legal establishment’s persistent protectionism, I’ve little doubt the knives will be out to keep market barriers secure and would-be competitors out.

 

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West of Phoenix on Friday, an emu was loose on the interstate. Fortunately for the wingless relation of the ostrich, thanks to a state agricultural official’s lasso, troopers were able to corral the gregarious ratite without injury to bird or motorists.

Coincidentally, the same day something else was loose at the State Bar of Arizona —- folly. But unfortunately for lawyers forced to join to earn a lawyer’s living, there was no lassoing the Bar’s latest imprudent expenditure of mandatory member monies.

https://i0.wp.com/i2.cdn.turner.com/cnnnext/dam/assets/161022000320-az-emu-1-exlarge-169.jpgBy a vote of 15 to 4, the Arizona Bar’s board of governors kowtowed to the glib nostrums of the Bar CEO and especially, the vehement urgings of its immediate past president. Exhorted to vote in favor so the expenditure could be included in the 2017 budget, the latter further warned “the train had left the station” if they didn’t approve a new online lawyer referral platform masquerading as a “Public Service Center.” 

Forget the reference to the 19th century technology locomotive out of the same mouth extolling a supposed innovation. And ignore the inconvenient fact the new program preserves the status quo. The Bar remains atavistic middleman preserving its self-governance privilege to protect — not disrupt its economic cartel.

The proposal was ramrodded through with the understanding that specific details and funding could be modified after the proposal was further studied and submitted to the membership for their comments. Good luck unringing that bell.

So much for due diligence. Act in haste, repent at leisure, especially when it’s not your money.

Don’t call it uberization.

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The online lawyer referral was demoed by the third-party provider, “Legal Services Link, LLC,” who touted it as in step with the uberization of services to consumers. That’s rich since it’s lawyers and their guilds who keep “fighting uberization of the law.”  Moreover, as presented, the technology neither disrupts the market or lowers consumer costs. What it does do is expand the Bar’s bureaucracy, grow overhead, and ultimately increase member costs with no choice but to pony up.

Ironically, this online lawyer referral platform a.k.a the Public Service Center is being sold as a way to purportedly enhance “access to justice” by supposedly making it easier for the public to hire lawyers and secondarily, for the indigent to find pro bono legal help. The Bar CEO even proclaimed the platform would provide a safe harbor for lawyers and consumers. Of course when pressed, the third-party provider and the CEO both walked back that breathtaking assurance by disclaiming any liability — as though lawyer users would expect a modicum of disciplinary liability cover or consumers would be assured of always competent, ethical legal services.

No, the $300,000 Center allegedly helps fulfill the latest state supreme court-ordered iteration of the Bar’s mission. The new mission effective 1/1/17 includes “enhancing the administration of and access to justice.” In truth, though, this expensive new initiative does more to promote ‘access to lawyers’ than ‘access to justice.’

And save for allowing the poor with Internet access to post their legal needs, I don’t know how the platform will “move the dial on pro bono” as the CEO pronounced. Who’s kidding who? How exactly does it “increase and incentivize pro bono” as he also proclaimed? Hold your breath for details.

Persons seeking legal assistance complete an online form stating their legal needs to create a “legal project.” This enables Arizona lawyer participants to review the paid or pro bono project. If interested, they then disclose their profiles, fees (if applicable) and other relevant information to the would-be client.

The Bar thinks its online referral platform will generate $120,000 in revenues to help defray the $300,000 annual hit to its budget. This must mean that in addition to paying for it with existing mandatory membership funds, the Bar plans on charging participants an additional fee.

Fear and loathing.

I attended the board meeting to inform myself and to comment as warranted. But in a testament to the bar’s continued opacity and its abiding aversion to dissent, the board president allowed just two minutes of public comment before not after the proposal was presented. Is there any wonder there’s so much fear and loathing of the Bar?

A representative of the local county voluntary bar association was given the same short shrift to comment without any proposal details in advance. Understandably, the local county association is concerned since it runs its own lawyer referral service, which now appears under threat from the Bar’s competing program.

Board members discover fire.

As a side note, I was surprised some board members appeared so impressed by the third-party presentation. You’d have thought they’d just witnessed the discovery of fire. Unless you’ve been living under a rock, the digital marketplace has been offering similar consumer to lawyer matching services for sometime.

As a matter of fact, one wonders why the Bar apparently singled-sourced a provider instead of making requests for proposals. Other competing providers include, for example, Axiom, LawDingo, Lawyer.com, Legal Match, UpCounsel, LegalZoom, and RocketLawyer. The latter even had a short-lived pilot partnership with the ABA until all hell broke loose from protectionist forces.

And as a final side note, it was just a few years ago that the Bar invested significant sums of member monies to upgrade its website and online “Find a Lawyer” directory. Now it means to replace its online member directory via a third-party provider. So much for the return on that earlier investment.

And interestingly but hardly surprising was the added disclosure that the Public Service Center and its two new employees will be part of the Bar’s government affairs group. This is the legislative advocacy department that monitors the Bar’s legislative priorities. This makes perfect sense, given the comments of several board members.

It’s fair to say the Public Service Center is primarily a public relations gambit — a tool intended to serve and protect the Bar’s bureaucratic hide from further threatened reforms from the state legislature. As one board member put it, the Public Service Center will enable the Bar to trumpet to the legislature how much ‘good’ it’s doing for the public.

Despite that, the conflicted regulator/trade association Bar will nevertheless face a challenge. How will it square a trade association lawyer referral “access to justice” service generating business for lawyers with any regulatory semblance of public protection?

Portland Urban Iditarod | by Misserion

Misserion via Flickr attribution license

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https://openclipart.org/image/2400px/svg_to_png/6815/SteveLambert-Jamie-O-Shea-Reaching.pngAfter kicking the can around for 3 years, the State Bar of Arizona finally submitted a petition to the state supreme court that no one besides Bar insiders was asking for.

The Bar wants to amend the Oath of Admission to the Bar and the Lawyer’s Creed of Professionalism. The petition has been circulated for public comments due back October 28, 2016.

Since rule changes occur mostly under-the-radar without fanfare, revisions to the oath and creed will probably go into effect with few discouraging words.

Why the Arizona Bar felt the need to amend the oath and creed is a good question. The stated reason was a desire “to harmonize” the oath with the Arizona Loyalty Oath of Office and with a supreme court rule. As for the creed, the Bar said the proposed changes “reflect additional areas of emphasis as the result of practical experience since the creed was originally adopted.”

For the record, Arizona’s lawyer creed was adopted May 19, 1989. It’s already been amended twice, including September 19, 2003 and May 20, 2005. This latest petition will make 3 amendments.

I don’t know how many other states have enacted let alone so frequently amended their own lawyer creeds meant ostensibly to legislate professionalism and civility for a stubbornly adversarial profession.

Over 30 years ago such creeds became all the rage. State bars around the country imposed these creeds in a daunting attempt to stem the public’s falling respect for lawyers. You tell me if it’s worked. A 2014 Princeton University study found lawyers continue to rank below nearly every other profession and occupation in trustworthiness.

hug yourselfBut whether something works or not is of little import to bureaucrats invested in telling the rest of us how to act and think. Rules and systems change. Initiatives are implemented. Programs are rolled out. But little is done after to quantifiably measure or objectively evaluate whether goals are met or programs succeed. But if feel-good bromides be the music of success, then play on. Nothing tops the self-congratulation of non-achievement.

And something else you can always count on is for bureaucracies to overreach their authority. So ‘aye, there’s the rub’ with this petition. It tinkers, tampers and trespasses on public interests and lawyer rights.

I won’t get into all the objections but highlight the principal ones as follows:

Courtroom 32One proposed change to the oath adds “and laws” to “I, (state your name), do solemnly swear (or affirm) that I will support the Constitution of the United States and the Constitution and laws of the State of Arizona.”

Article 6 Section 26 – Oath of office of the Arizona Constitution states judges must support the Constitution of the United States and of Arizona — but does not mention “laws.” Arguably, this is because judges sometimes overturn laws and therefore ought not be so proscribed by an Oath of Office. Relatedly, lawyers sometimes challenge certain laws as facially unconstitutional or unconstitutional as-applied. Indeed, in those circumstances lawyers argue such unconstitutional laws should not be obeyed. Consequently, lawyers, too, should not be required to swear an oath to “laws” they don’t believe are constitutional.

The petition also exchanges “unprofessional” conduct for “offensive” conduct in the creed. The proposed new language goes beyond what the court already defines as “unprofessional” conduct in ER 8.4. Misconduct.

This hints at a hidden agenda. It morphs into a brand new mandate ER 8.4’s ethical proscriptions against bias and prejudice that are actually “prejudicial to the administration of justice” and that adversely affect fitness to practice or seriously interfere with the proper and efficient operation of the judicial system. The new requirement instead goes beyond settled rule intent and interpretation. In truth, it’s an entirely new departure intruding on lawyers’ professional autonomy, freedom of speech, and freedom of association. As a consequence, it subjects lawyers to discipline for engaging in conduct that neither adversely affects the attorney’s fitness to practice law nor seriously interferes with the proper and efficient operation of the judicial system.

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Dredd Scott  via Wikipedia Commons, public domain

And last, the addition of “and respectful to” to no. 11 of the creed, “I will at all times be candid with, and respectful to, the tribunal” seems to place respect to the tribunal over duty to the client or justice. As a colleague recently wrote to me after citing instances where tribunals were sorely wrong from Buck v. Bell to Dred Scott v. Sandford to Plessy v. Ferguson to Korematsu v. United States, “Lawyers have to not be afraid to criticize the government, judges and prosecutors when they are abusing their powers as well. We cannot fear discipline because we spoke truth to power.”

Absent a prejudicial effect on the administration of justice, you expect lawyers to retain free speech rights even when engaging in professional activities and especially life activities outside the practice of law. But efforts to broaden and censure lawyer speech and conduct when the prohibited speech and conduct do not have a prejudicial effect on the administration of justice threaten those rights. They raise serious First Amendment issues subject to constitutional challenge.

Not to mention that the words “and respectful to” are also void for vagueness since they are undefined. Due process requires that an enactment is void for vagueness if what it prohibits is not clearly defined. Worse yet, these words would operate to chill the exercise of First Amendment freedoms by preempting and even muzzling speech and conduct lest boundaries not clearly marked are crossed.

And even more worrisome is the probability that arbitrary and discriminatory enforcement will follow without explicit standards for those who apply them. As it is, lawyers here already opine the Arizona Bar enforces its ethical rules on an ad hoc and subjective basis. Vague terms like these only serve to compound these opinions. And they heighten attendant apprehensions of continued arbitrary and discriminatory application.

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On Sunday, the local paper ran a front page story about how $4.6M in charitable contributions was spent. It was only news because of the way some of that money was distributed to the beneficiaries.

In the aftermath of the sixth-largest loss of life for firefighters in U.S. history, millions of dollars in donations came pouring in from around the country. The donations, big and small, were meant for the surviving families of the 19 Granite Mountain Hotshots, an elite group of firefighters who died in a wildfire near Yarnell, Arizona in 2013.

WTF | by ulricaloebAccording to the investigative report by the Arizona Republic’s Robert Anglen, “One of the key organizations responsible for managing those donations now questions how some of the money was used, with hundreds of thousands of dollars spent on sightseeing trips, high-end restaurants and hotels for hotshots’ families.”

My point in mentioning this head-shaking story is not to pick on the surviving families who as Anglen points out, “did nothing wrong in accepting the donations.” Or is it to unnecessarily dwell upon what amounts to a pretty embarrassing and disastrous public relations snafu for the charities and their management. The paper’s investigative story does all of that and then some.

It’s merely to highlight once again one of life’s most sacred and unhappy truths. The easiest money to spend is always somebody else’s.

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Milton Friedman

I’ve known this all my life. And it’s one of the principal reasons that organizational, business and government transparency and the lack thereof aggravates and animates me so much. As a matter of fact, it is one of the two key drivers of my quest to reform mandatory bar associations. You don’t get any more high-handed and cavalier in spending somebody else’s compulsory dues money than the tin-eared bureaucrats running our nation’s mandatory bar associations.

The other energizer is of course, reclaiming and protecting the First Amendment freedoms of lawyers, which like the Constitutional rights of all Americans are being eroded everyday.

As for transparency and “on whom money is spent,” Nobel prize-winning economist, the late Milton Friedman said it best some 36-years ago in Free to Choose co-authored with his wife, Rose.

 

Friedman knew that if it’s someone else’s money — there’s no accountability and no real consequences as to how that money is spent.

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Credits: money, at Morguefile, no attribution; “WTF,” by ulricaloeb at Flickr Creative Commons attribution license; Portrait of Milton Friedman by Robert Hannah 89, The Friedman Foundation for Educational Choice via Wikipedia, public domain; chart via Youtube video.

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I recently attended a seminar where a lawyer-lobbyist opined that non-lawyers should not be lobbyists. Influence peddling, it seems, should be the sole province of lawyers. Not that much explanation was given. Perhaps none was needed. After all, most in attendance were lawyers. Somewhere in the lawyer DNA is genetically grafted an exaggerated belief that “Anything you can do I can do better; I can do anything better than you.” 

Not that it’s true — especially in lobbying where cunning, connections, comprehension and experience count as much if not more than a legal education. Nevertheless, those advocating the supposed advantages of lawyer-lobbyists over nonlawyer-lobbyists also sniff that “Nonlawyer lobbyists lack a system of obligatory ethics norms akin to the Rules of Professional Conduct.” Apparently it matters little that such self-serving smugness is undercut by the likes of former lawyer-lobbyist Jack Abramoff.

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Bottom line, for lawyers fiercely wedded to the medieval guild’s monopoly-has-its-privileges — free market competition sucks. Or to Ben Franklin’s “nothing can be said to be certain, except death and taxes” — add with certitude the protectionist instincts of lawyers.

The ABA takes the lead.

Under the sheltering cover of “ponderous, backward looking, and self-preserving” bar associations, licensure was the sine qua non to supposedly protect “the uninformed public against incompetence or dishonesty.” Or at least that’s what Professor Walter Gelhorn said in “The Abuse of Occupational Licensing”  where more significantly, he also pointed out how such pretextual public protection always has “the consequence that members of the licensed group become protected against competition from newcomers.”

Ah, the joys of monopoly or as Professor Gerard Clark explains in “Monopoly Power in Defense of the Status Quo: A Critique of the ABA’s Role in the Regulation of the American Legal Profession,”

“Since its founding in 1878, the American Bar Association (ABA) has served the legal profession in two principal ways: by limiting membership in the profession, and by protecting its prerogatives. It has done so by: advocating a system of licensing backed by unauthorized practice rules; supporting and then regulating law schools and thereby diminishing the apprenticeship-clerkship route to admission; regulating the delivery of professional services through detailed professional codes; by lobbying the state and federal legislatures for favorable legislation; providing a continuous public relations campaign to put the bar in a favorable light; and supporting the growth of state bar associations that press for these prerogatives at the state and local level. The result is an outsized and comfortable profession that is costly, and inefficient. By seizing the initiative in the creation of a trade association, which simply declared itself the official voice of the bar over all aspects of the profession (although less than one-third of the 1.2 million lawyers in the United States are ABA members), and then convincing state bar authorities to accept its judgments, the ABA accomplished its goal of self-regulation through the use of monopoly power.”

Just-us.

Lawyer regulation to protect the public sounds good. But by regulating who can practice law, lawyers also maintain a monopoly on who provides legal services. The legal establishment accomplishes this by regulating the unauthorized practice of law (UPL) either by statute or court rule. But the rub is that bar association regulators have an inherent conflict of interest. On the one hand, they’re supposed to protect and serve the public by regulating lawyers. But at the same time, they function like trade associations promoting the legal profession’s common interests.

https://i1.wp.com/cdn.morguefile.com/imageData/public/files/m/meowzeroni/04/l/1397514359cws5o.jpgThese two purposes conflict because lawyers and the public often have different interests. When these interests conflict—such as when out-of-state lawyers or lower-cost legal services wish to compete with lawyers — lawyers use their regulatory powers to stop that competition.

Last year, for example, in the aftermath of the U.S. Supreme Court’s ruling against a protectionist North Carolina Dental Board, the State Bar of North Carolina settled its suit against LegalZoom. LegalZoom is now free to offer online document services and prepaid legal services plans to North Carolinians.

Here in Arizona, examples of lawyer interests trumping public interests include the Arizona State Bar’s efforts to stop realtors in the 1960s, legal document preparers in the 1990s, and out-of-state lawyers in the 2000s from offering services in Arizona.

When it comes to access to justice, those at the temple precincts mean access to just-us.

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Credits: The governors of the guild of St. Luke, Haarlem, 1675 by Jan de Bray, Wikimedia Commons, public domain; Theodoor Rombouts, Christ Driving the Money-changers from the Temple, Wikimedia Commons, public domain; other photos via Morguefile.com, no attribution required.

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In April, the Nevada State Bar’s Board of Governors blast emailed members a third-party confidential survey asking for their “opinion on the CLE and annual license fee exemptions currently offered to members older than 70.” The survey is apparently driven by proponents who want to eliminate that age exemption. Others want it left in place. Will the survey decide the matter? I rather doubt it. In any case, the results are supposed to be published online and/or in the Nevada Bar’s magazine.

Currently, there are 412 Nevada lawyers age 70 or older actively practicing. But those silver legal eagles better start worrying. Once the age exemption is eliminated, those 412 lawyers, representing less than 5% of Nevada’s 8,818 active lawyers, will each sustain about $1,000 in new higher annual costs to practice.

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Base annual dues in Nevada are presently $450. In addition, there’s a separate yearly $40 paid to the Nevada CLE Board. This amounts to $490 in total mandatory annual fees. And with the average cost of an hour’s worth of Bar CLE at about $45 multiplied by a mandated 12 annual CLE hours — tack on another $540 to the annual tariff. Wine may improve with age — but not it seems the bottom line for Nevada’s older lawyers.

As far as the Bar’s concerned, however, the news would be positive. Assuming the 412 septuagenarian lawyers satisfy their CLE requirements through the Bar, the projected fiscal impact for the Nevada Bar will to the sunny side of potentially over $400,000 in higher annual revenues based on the infusion of new dues-payers and CLE potentially totaling $1030 in fees X 412 active senior Nevada attorneys.

Right now, millenials outnumber the 75.4 million Baby Boomers in the U.S. But the bad news for those 18 to 34 year olds is that many Boomers aren’t retiring. So as Baby Boomers, including lawyers, continue working past retirement age, it’s not surprising that mandatory bars are trending toward revoking senior lawyer age exemptions. After all, the bureaucratic maw must be fed. As Oscar Wilde said, ‘the bureaucracy expands to meet the needs of the expanding bureaucracy.’

Holidays 496Some mandatory bars like the State Bar of Arizona eliminated their age exemptions years ago. As a matter of fact, in the Grand Canyon state, aging lawyers who take retirement status still pay bar dues. The only way to stop paying is to resign in good standing or to rest in peace beneath the ground. And in Texas, on April 28, 2015, the Texas Supreme Court amended its Bar Rules to eliminate its longstanding MCLE exemption for so-called emeritus attorneys, those aged 70-years and up.

Understandably, it’s a bit unseemly to ascribe money grasping reasons to these moves. So look instead for overused policy dodges dressed up in public protection apparel to justify eliminating the age exemptions. Doddering dinosaur lawyers who fail to keep abreast of the law may pose risks to consumers is how the argument goes. But unfortunately for proponents, there’s never been proof or any empirical evidence that continuing legal education makes lawyers of any age more competent, professional or ethical.

https://upload.wikimedia.org/wikipedia/commons/thumb/3/33/A_jolly_dog.png/163px-A_jolly_dog.pngIt seems “Wisdom doesn’t automatically come with old age,” according to the late Abigail Van Buren. “Nothing does – except wrinkles. It’s true, some wines improve with age. But only if the grapes were good in the first place.”

Finally, paraphrasing Francis Bacon, “Age appears to be best in four things; old wood best to burn, old wine to drink, old friends to trust,” — and for mandatory state bars, old lawyers to tax.

 

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Wyoming State Bar

Wyoming Bar Members and Guests (registration required)

Running an Efficient Law Firm (webinar)

July 27, 2016
12:00 – 1:00 p.m.
Click here for a description of the program, speaker bio and to register.

Cost: FREE

CLE Credit: 1 credit

PRE-REGISTRATION IS REQUIRED

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Wyoming Casemaker: A Complete Guide (webinar)

August 9, 2016
12:00 – 1:00 p.m.
Click here for more information and to register.

Cost: FREE

CLE Credit: 1 credit

PRE-REGISTRATION IS REQUIRED

_____________________________________________________________________

Laws, Rules and Practices Governing OSHA Activities (webinar)

August 25, 2016
12:00 – 1:00 p.m.
Click here for a description of the program, speaker bio and to register.

Cost: FREE

CLE Credit: 1 credit

PRE-REGISTRATION IS REQUIRED


Lawyer Fitness 101 (webinar)

August 26, 2016
12:00 – 1:00 p.m.
Click here for a description of the program, speaker bio and to register.

Cost: FREE

CLE Credit: 1 credit

PRE-REGISTRATION IS REQUIRED


Going Long on Oil and Gas: Estate Planning Tools to Maximize Mineral Interests (webinar)

October 4, 2016
12:00 – 1:00 p.m.
Click here for a description of the program, speaker bio and to register.

Cost: FREE

CLE Credit: 1 credit

PRE-REGISTRATION IS REQUIRED


Shared Custody Arrangements in Wyoming: A Challenging (and Challenged) Proposition (webinar)

Sponsored by the Children & Family Law Section

October 19, 2016
12:00 – 1:00 p.m.
Click here for a description of the program, speaker bio and to register.

Cost: FREE

CLE Credit: 1 credit

PRE-REGISTRATION IS REQUIRED


The New Era of Proportionality (webinar)

November 11, 2016
12:00 – 1:00 p.m.
Click here for a description of the program, speaker bios and to register.

Cost: FREE

CLE Credit: 1 credit

PRE-REGISTRATION IS REQUIRED

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Lexis Nexis University

Your Library is Your Portrait: Using Technology to Improve Accessibility and Effectiveness

  • Class Type: On-Demand Training
  • Product: LexisNexis® CLE and CPE
  • Run Time: 66 Minutes
  • FREE

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You are not Going to Believe This!: Deception, Misdescription, and Materiality in Trademark Law

  • Class Type: On-Demand Training
  • Product: LexisNexis® CLE and CPE
  • Run Time: 60 Minutes
  • FREE

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Credits: “Men of the Day No. 732: Caricature of Mr James Lennox Hannay. Caption read “Marlborough Street” by Spy in Vanity Fair, 22 December 1898, via Wikimedia Commons, public domain;”Am richtigen Fleck. Signiert. Öl auf Leinwand” via Wikimedia Commons, public domain; “A jolly dog,” by Currier & Ives, via Wikimedia Commons, public domain.

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