Law Grad Alleges Bar Exam Is Unconstitutional

, Texas Lawyer


As nervous law students fret over taking the Texas bar exam this month, one man who failed the rigorous test in 2009 claims the state's requirement that would-be attorneys take the exam violates his constitutional rights.

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What's being said

  • Ironic

    The irony is, his lawsuit will probably get dismissed because, assuming "Citizens Against the Bar" is a business entity and not an assumed name, it must be represented by a licensed attorney. Perhaps the bar exam isn't the best measure of one's capability to practice law, but I've seen enough incompetence in the legal system to know things would be far worse without it.

  • ghostofelvis

    I sympathize with Mr. Osborne, but the fact remains that there must be some basis to judge whether a person has minimal competence to be a lawyer. Apparently a policy decision has been made that receipt of a law degree from an accredited law school is not sufficient. I don't think the constitution will be much help in this instance. I have often thought that 2 years of law school and a one or two year apprenticeship, perhaps with an examination of the candidate's work product would be just as likely as the bar exam to assure that the person seeking the license is competent, but a lawsuit is not going anywhere. I can recall when the legislature tried to pass a bill that said that anyone who had served in the legislature and taken a couple of semesters in law school would be entitled to take the bar exam. it died as soon as someone heard about it and the legislature got embarrassed. Anyone can fail the exam, but it does have a bearing on competence. In my class at UT Law a guy who was Order of the Coif flunked. Apparently he thought he was so smart that he did not need to take a bar review course. He passed on the second try. So, Mr. Osborne keep trying or run for the legislature and get the system changed.

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