Let’s Embrace Reciprocity
I have enjoyed my career as a California lawyer, but like
many others, desire to relocate to another state. The problem is our
prohibition of allowing lawyers from other states admission by motion into
California, acts as practical barricade preventing us from moving on to
somewhere else. What point is there in maintain such an anachronistic policy?
Currently, 40 states now allow reciprocity and that number
is likely to grow. Most require the attorney to have practiced for 5 out of the
last 7 years in another reciprocating jurisdiction to qualify for admission by
motion, thereby eliminating having to pass another Bar Exam. We all remember
the angst associated with our first Bar Exam, but how much more difficult it is
now, so many years removed from law school, working long hours, family
obligations and so forth, to even consider preparing for another exam.
If a lawyer from a comparable jurisdiction has practiced for
at least 5 years in good standing, why not allow reciprocity? Not to do so only
unnecessarily delays or prevents many of us from moving on. Let’s change
our policy.
Dale Reicheneder
Malibu
Go take the bar exam!
I became a member of the California State Bar in 1987. I
was 40 years old when I began law school in 1983. I became a member of the
Montana State Bar in 2009 after taking the Montana bar exam when I was 66 years
old. For me, taking the bar exam after being out of law school for over 20
years was no problem. Taking an exam in engineering physics or calculus which I
could have aced a few years ago would be more problematic for me today! However
I was able to tell someone how to obtain the second derivative of x squared the
other day. I might not be able to recognize a provision in a will that violates
the rule against perpetuities!
I would have to say that if you do not want to make the
effort to meet a state's requirements for practicing law , maybe you should not
be going there to practice law. I believe it is far too easy to qualify to
practice law and to vote these days!
Walter David Herbert
Billings, MT
Lawyers vs. Accountants
Why is it that attorneys have to complete only 25 hours
of continuing education every three years (i.e. 8+ hours
per year), but certified public accountants have to
complete 80 hours of continuing education every two years (i.e. 40 hours
per year)?
Why is it that Attorneys have to pay $400 per
year to renew their bar license, but certified public accountants
currently only have to pay $120 every two years (i.e. $60 per
year) to renew their CPA license?
The pattern I see is that CPA's learn more and pay less than attorneys, and therefore must be smarter than attorneys ... and attorneys
pay more and learn less than CPA's, and therefore must be dumber than CPA's.
Or perhaps there is a news story to be researched as to the
relative efficiencies and administrative effectiveness of the California
State Bar and the California State Board of Accountancy?
Michael W. Szkaradek
Santa Ana
Sensational!
In
regard to your March 2012 article: "200 Years of American Patent Law Tradition --
Gone!":
This
headline is sensationalized. It apparently refers to the "The New First-To-File Rule". But this only affects "interferences" about which the United States Patent And Trademark Office, in the site "General Information Concerning Patents", says: "OCCASIONALLY two or more applications are filed
by different inventors claiming substantially the same patentable invention. .... LESS THAN ONE PERCENT
of the applications filed become involved in an interference proceeding [caps added]."
In
regard to the article's comment: "[S]ecuring an early filing date remains
relatively inexpensive with the use of a provisional application
for patent." A provisional application only gives a filing date if it discloses the invention in the same detail as a "real" application. So if there is insufficient detail, there is no filing date. And, if sufficient detail is known, why not file a real application and start patent protection earlier?
Steve Church
Ridgecrest
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