THE AUTHOR
jose M. gomez
The D.C. Bar Option
A D.C. Bar Rule, states that an applicant may take the D.C. Bar exam if they have successfully completed 26 ABA credits in subjects taken on the Multistate Bar Exam (MBE) and has earned a Juris Doctorate from a non-ABA law school. 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.
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.
