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Edition: February 2008
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The D.C. Bar Option
By: Jose M. Gomez
Because
many law students have been unable to complete their studies at law schools
accredited by the American Bar Association, the author has found it
necessary to research other available options.
After researching the rules governing admission to several state and federal
jurisdictions, he has found one alternative may just do the trick--the D.C.
Bar Option.
D.C. Bar Rule 46(b)(8)(iii) states that an applicant may take the D.C. Bar
exam if the applicant has successfully completed 26 ABA credits in subjects
taken on the Multistate Bar Exam (MBE) and has earned a Juris Doctorate
(J.D.) from a non-ABA law school.
This degree can be a non-bar J.D. degree, such as an Executive Juris
Doctorate, or a bar J.D. degree from a California correspondence law school.
In order to have successfully completed a subject taken on the M.B.E., a
student should have achieved a grade of at least a C-.
Law students may ask if their practice would be limited to the District of
Columbia.
The answer to that question depends on the rules of their jurisdiction's
highest court and the court rules of the federal courts in their
jurisdiction. The answer to this question also depends on federal agency
practice rules.
For example, federal practice before most federal agencies is permitted, so
long as the attorney is admitted to practice before the highest court of any
jurisdiction, including the District of Columbia. See Sperry v. Florida, 373
U.S. 379. (1963).
However, the United States Patent and Trademark Office (USPTO) allows only
those who have passed its registration examination to practice patent law in
the agency, even admitted attorneys.
As a side note, the USPTO allows attorney and non-attorney examinees to take
its registration examination, as long as they possess a bachelors degree in
engineering or a science, such as biology, chemistry, or physics.
It should be noted that the USPTO allows an attorney who is admitted to
practice before the highest court of any jurisdiction, including the
District of Columbia, to practice trademark and copyright law in the agency
without a formal examination.
An attorney admitted to practice law in any state or the District of
Columbia could also practice immigration law before
The United States Citizenship and Immigration Service (USCIS), formerly the
Immigration and Naturalization Service, and the Executive Office of
Immigration Review (EOIR), an office within the Department of Justice
charged with hearing immigration appeals.
One should also examine the rules of the federal courts in a particular
jurisdiction to determine whether they require State Bar admission.
For example, the Local Court Rules for the Southern District of Texas allow
an attorney admitted before the highest court of any jurisdiction, including
the District of Columbia, who is also admitted to practice before another
federal district, to practice in the District Court for the Southern
District of Texas.
In other jurisdictions, such as the Eastern and Western Districts of
Michigan, an attorney is allowed to practice in federal court if that
attorney is admitted before the highest court of any jurisdiction, including
the District of Columbia.
Thus, one could practice federally in a jurisdiction where federal court
local rules allow such practice, notwithstanding the fact that one may not
actually be admitted in the state where that federal court sits. See In Re
Desliets, 291 F. 3d 925 (6th Cir. 2002).
However, other federal district courts, such as the District Court for the
District of Massachusetts, require admission to the Massachusetts State Bar.
In such states, however, ones practice would be limited to federal agency
practice.
Once admitted to the D.C. Bar, one could also examine the rules governing
state bar admission to determine whether or not they would be eligible for
admission to practice state law in that state via a general bar examination,
attorney examination, or admission without examination.
Yet another option to explore is federal appellate practice before in the
Circuit Courts. Admission to the bar of these courts is open to attorneys
admitted to practice before the highest court of any jurisdiction, including
the District of Columbia.
Circuit Courts hear appeals from the district courts located with their
respective circuits, as well as appeals from federal agencies. Currently,
there are thirteen regions, called circuits, in the United States.
These courts are located in major cities throughout the United States.
Therefore, there are a number of options available to those students who are
unable to complete their studies at an ABA law school.
Those with further questions should contact the author at: jg20@juno.com
It should be noted that any student interested in becoming an attorney
through the methods discussed in this article should verify all information
with the D.C. Bar and the courts in the students prospective jurisdiction
before making a decision on which path to take.
About the Author:
Jose M. Gomez is an attorney
with The Gomez Law Firm, PLC, an immigration law firm.
In addition to a Juris Doctor from West Coast School of Law, he holds a
Masters degree in Business Administration and a Masters degree in
Information Technology Management.
Jose M. Gomez is a member of the District of Columbia Bar.
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