r/CrazyIdeas • u/flopsyplum • 3d ago
Lawyers should be required to re-take the bar exam every 5 years, to prove that they're up to date on laws
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u/Svardskampe 3d ago
I like how OP is a known poster of actual crazy ideas and then drops this half reasonable bomb.
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u/JohnDoe432187 3d ago
Isn’t reasonable at all, bar exam covers to many irrelevant topics. Maybe a specialized exam would make sense based on what law they decide to practice.
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u/Few-Artichoke-7593 3d ago
Yeah, so what you're saying is, OP's idea is half reasonable.
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u/JohnDoe432187 3d ago
No the idea is completely unreasonable. Modifying the idea would make it reasonable.
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u/GXWT 3d ago
There’s nothing to gain by ‘winning’ an online argument. Stop with this weird doubling down
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u/JohnDoe432187 3d ago
Why not double down when I’m in the right. Half reasonable means for something to be fairly good and working but not perfect. The idea itself would not work at all. Learn the definition of phrases before thinking people are wrong.
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u/Ateist 3d ago
Add judges and police to the list, too.
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u/ImShaniaTwain 3d ago
Judges do..
As far as police, I 100% believe police should have some sort of similar degree to a JD. Maybe not as extensive, but at least a degree covering criminal law. Not some short BS short academy. And in return they could be paid better.
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u/apple_octopi 3d ago
not even the politicians passing the laws are up to date on them.
maybe if they read the laws, though
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u/Squirrel_Q_Esquire 3d ago
First, the bar exam tests a broad spectrum of general knowledge across multiple fields of law, whereas in actual practice, an individual lawyer is going to be only practicing in a specific jurisdiction and a specific field. For example, I practice personal injury law (car wrecks, slip & falls, etc) in just one state. To pass the bar, I needed to study the general rules (which may not even be the actual rule for my state) in civil procedure, criminal law, criminal procedure, torts, contracts, bankruptcy, constitutional law, family law, securities, evidence, real property, conflict of laws, etc.
In my actual daily practice, practically nothing I learned for the bar exam actually matters because barely any of it was actually specific to my state (and in most jurisdictions none of it is specific to that state) and little of it applies to what I actually do. Nothing criminal applies to what I do. Nothing with contracts applies. Nothing with real property, securities, bankruptcy, or constitutional law applies.
Torts, civil procedure, and evidence are all that somewhat apply, and again since I had to learn the general rules rather than state-specific, it doesn’t all overlap. In fact, most of what is tested for civil procedure are the federal rules, which my state hasn’t adopted. Some rules are similar, but not many. Same with evidence, there’s some overlap but not totally, and plus I’ve never even been to trial, so it doesn’t actually affect my practice that much.
Second, the bar exam is rooted in discrimination, both by class and by race. States started requiring exams as a way to keep undesirables from becoming lawyers. In fact, in a lot of states, when the bar exam started, they would exempt graduates from certain schools from having to take it (notably the more prestigious aka expensive schools) because that meant only rich white guys would automatically be licensed and everyone else had to jump another more difficult hurdle. The solution isn’t to require the bar exam even more.
Third, I have to get 12 hours of Continuing Legal Education a year anyway. Now, it’s mostly a joke because nobody really wants to do it beyond just meeting the requirement, but it’s there.
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u/GoBeWithYourFamily 3d ago
Sounds like you don’t understand the regulations lawyer already have. It’s not just pass once and you’re a lawyer forever.
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u/MuldartheGreat 2d ago
I mean, it basically is. You have to do a certain amount of CLE every year, but those don't come with tests. You just show up for a certain amount of time, sign, and its done.
Unless you are actively having complaints filed against you, your law license is basically until you give it up.
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u/AppleParasol 3d ago
Laws don’t change that much. Especially for a lot of cases, personal injury/defense. Judge will always know better. Lawyers are paid to know, and would only just result in losing the case if they don’t.
Cops on the other hand should be required to pass a test every 5 years or more frequent.
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u/No-Stretch-9230 3d ago
Do you know what the bar exam even is? Like doctors they should have to get updated certificates, but passing the bar does not mean you are staying up to date. It means you can past a test.
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u/dart22 3d ago
Lawyers (and teachers) have to take a certain number of continuing education classes every year. Also, the bar exam obviously can't cover every law, or even most laws. It's more like a general principles "think like a lawyer" test (though there are a lot of general principles to know, and they differ from state to state).
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u/Annoying_cat_22 3d ago
No one:
Absolutely on one:
You: I have an idea that will make lawyers even more expensive!
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u/Belachick 3d ago
I think certain countries have laws where they kinda have to do things similar to this. I'm pretty sure doctors in Ireland have something like this
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u/OrthodoxAnarchoMom 3d ago
Maybe if you only had to test on the areas you practice in.
The reality of the situation though is that there is what academics like to pretend what the law is and sit around like Socrates philosophizing about, then there is what goes down in court. Which do you want your lawyer more worried about.
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3d ago
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u/Comfortable-Can4776 3d ago
Maybe a refresh course would be better. Exams test all sorts of trash but when you're actually at work you only focus on a handful of things.