State Bar & Bar Associations
Dec. 15, 2016
It's not the State Bar's responsibility to control lawyer supply
The issue of whether there are too many lawyers is a fair one to ask, but it is not the California Bar's job to control that supply. Such a protectionist motive, if that is the bar's intent, presents substantial policy and, possibly, legal concerns. By David L. Faigman
David L. Faigman
The state of California has historically had the lowest bar pass rates in the Nation. A legitimate question to ask, especially given this year's historically low pass-threshold, is why?
The conventional explanation seems to be that California wants to ensure that lawyers practicing in the state are competent. But do bar exams really distinguish lawyerly competencies in so fine-grained a fashion? This year, New York had an...
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