State Denies Admission For NY Licensed Lawyer To Strike A Blow For… What Precisely?

State Denies Admission For NY Licensed Lawyer To Strike A Blow For… What Precisely?A number of years in the past, Tennessee denied admission to a Vanderbilt LL.M. as a result of he’d gotten his first regulation diploma in Argentina. It didn’t matter that he’d secured a subsequent authorized diploma at a top-tier regulation college within the state, the bar wouldn’t license a lawyer whose first regulation diploma was not “post-graduate.” Since most international locations prepare legal professionals on the college stage, this functionally locked out any overseas skilled lawyer no matter any additional schooling or related expertise.

He ultimately gained the appropriate to sit down for the bar.

However Tennessee nonetheless hasn’t realized its lesson as a result of the Board of Legislation Examiners are proper again at it!

This time, the state is obstructing a movement for admission from Violaine Panasci, a Tempo College LL.M. who scored within the ninetieth percentile of the UBE. She’s even already admitted in New York. What’s the issue? Her preliminary regulation diploma is from the College of Ottawa.

And whereas…

The Canadian authorities has apologized for Bryan Adams on a number of events so it’s time we give them a break. Panasci is working at Rockridge Enterprise Legislation, who you would possibly keep in mind from this story.

This all goes again to the obsession bar examiners have with each angle of protectionist gatekeeping. Whether or not it’s a bar examination that we all know fails to guard the general public or made-up guidelines about which regulation levels “rely” for admission, there’s a complete superstructure of bureaucrats attempting to assist established legal professionals from having to compete with anybody.

The oldsters on the Goldwater Institute, at the side of the Beacon Heart of Tennessee and the Southeastern Authorized Basis, filed a short within the Tennessee Supreme Courtroom supporting Panasci’s admission citing the Tennessee Structure and the state’s Proper to Earn a Residing Act.

It is a assortment of organizations that I don’t have rather a lot in widespread with. However we are able to all come collectively on the foundational subject that it’s nonsensical to maintain an overqualified lawyer from practising regulation.

I’m not towards licensing… frankly, it’s nice! Occupational licenses are completely utilized in haphazard and discriminatory methods, however in precept they shield the general public and it troubles me to throw the proverbial child out with the bathwater. We must always have some mechanism in place to verify legal professionals are able to doing their jobs.

However that mechanism doesn’t embody telling LL.M.s from US regulation colleges that their JD-equivalent doesn’t rely. Drop the facility journey, Tennessee.

Earlier: State Bars International Pupil From Bar Examination — Subsequent Cease, State Supreme Courtroom

HeadshotJoe Patrice is a senior editor at Above the Legislation and co-host of Pondering Like A Lawyer. Be happy to electronic mail any suggestions, questions, or feedback. Comply with him on Twitter in case you’re occupied with regulation, politics, and a wholesome dose of faculty sports activities information. Joe additionally serves as a Managing Director at RPN Government Search.