the BAR

Babbaloo · 04-18-2006, 05:41 PM

Quoting: The Dood

Its crazy.

DOOOOOOD! How the heck are you, pal?

YOUR AD HERE

COMPETITIVE RATES

*G_Man* · 04-18-2006, 07:37 PM

Quoting: Babbaloo

Okay, here's the connection - from a consumer protection standpoint, each state's bar serves the function of protecting the citizenry from incompetent and unscrupulous lawyers. Each state sets its own rules and if you want to practice law there, you need to live by those rules. It also helps that you know a thing or two about the state's laws that you will be 'lawyering' for people in that state. Therefore, each state's bar exam will have questions and tasks that are specific to that state's law.

Okay. I know this might seem like nitpicking or just stirring, but this truly bugs me. If it is best interest of the citizenry, then again I ask, why am I allowed to represent myself? That could hardly be in my best interest!

I would think I would be better represented by said attorney from Alabama...

Babbaloo · 04-19-2006, 09:16 AM

Ultimately it comes down to cost, my friend. A lawyer is the voice for those who have no voice, an advocate for the oppressed and downtrodden, a champion of the people. . . . but he ain't cheap. If a court system required someone to hire a lawyer, that would unconstitutionally deprive those that can't afford a lawyer from seeking justice or protecting their rights. That's why you are free to represent yourself. But if you can afford to pay an Alabama lawyer, then he better be licensed in Washington.

*G_Man* · 04-19-2006, 12:43 PM

Quoting: Babbaloo

Ultimately it comes down to cost, my friend. A lawyer is the voice for those who have no voice, an advocate for the oppressed and downtrodden, a champion of the people. . . . but he ain't cheap. If a court system required someone to hire a lawyer, that would unconstitutionally deprive those that can't afford a lawyer from seeking justice or protecting their rights. That's why you are free to represent yourself. But if you can afford to pay an Alabama lawyer, then he better be licensed in Washington.

Which brings me to this then... If accused of a crime you can have an attorney appointed, but not in a civil suit, right?

And what about this: Say the Lawyer from AL is your brother (and possible father, but lets not go there) and is willing to help you for free?

How is that not better than representing myself?

And so you know, this is a question/issue that has bugged me for a long, long, long time, which is why I am striving so hard for an answer that satisfies me. As of yet, although somewhat clearer, the reasoning still escapes me.

Let me ask this side question too: can you take the BAR in more than one state?

Babbaloo · 04-20-2006, 12:05 PM

Right - the law allows you to represent yourself because if you screw up, you have no one else to blame. But if you are going to whore out your lawyering skills regardless of whether you get paid or not, the state wants to ensure its citizens are protected from others and its unworkable to create a piecemeal system.

Its like the Spanish Inquisition sketch from Monty Python: NOBODY expects the Spanish Inquisition! Our chief weapon is surprise...surprise and fear...fear and surprise.... Our two weapons are fear and surprise...and ruthless efficiency.... Our *three* weapons are fear, surprise, and ruthless efficiency...and an almost fanatical devotion to the Pope.... Our *four*...no... *Amongst* our weapons.... Amongst our weaponry...are such elements as fear, surprise.... I'll come in again.

So its impractical for the state to say. You must be licensed in the state . . . . oh unless you are a brother of the plaintiff . . . oh or a sister. . . oh or a close friend . . . oh or a next door neighbor.

But there is a solution. Pro Hac Vice - an out of state lawyer like your Alabama brother can petition the court for a temporary license of sort just to litigate your case for you. It happens all the time.

And yes you can take the Bar in any state assuming you meet the exam requirements which is generally you went to lawschool. In certain states, they have a system of reciprocity where members of one state's bar can become members of a different state's bar without taking the test and only paying a fee

*G_Man* · 04-20-2006, 01:01 PM

ahhh....... finally a satifactory answer. I appreciate your time and your patience with this.

Babbaloo · 04-20-2006, 03:48 PM

Don't mention it.

Every again