Bar exams have not seen much change in years, but a slew of temporary fixes for 2020 adopted by state authorities during the coronavirus pandemic may lead to longer-term improvements to lawyer licensing systems across the country.
Hybrid Fix: Experts suggest hybrid solutions are the most likely answers going forward, giving students multiple possible pathways to licensure, including remote-proctored online tests, open book exams, and provisional licensing programs.
Rexamining Role: “I expect that 2020 will mark the beginning of a serious reexamination of the role that bar exams play in the licensing of lawyers,” said Andrew Perlman, dean of Suffolk Law School. “I believe that, in the coming years, jurisdictions are going to start considering a range of new options for admitting lawyers to the bar.”
Sam Skolnik has the story.
DAILY BRIEF
Law Firms
Orrick Hires Kirkland Partner for Growing Tech Transactions Team
Orrick Herrington & Sutcliffe has added IP and data privacy lawyer Sarah Schaedler from Kirkland & Ellis as a partner in its San Francisco office, the latest in the firm’s expansion of its technology transactions team.
Crowell Nabs Intellectual Property, Trade Practice Litigator
Crowell & Moring expanded its intellectual property practice with the addition of Joshua Pond from Kilpatrick Townsend & Stockton.
Reed Smith Hires McGuireWoods Energy Chair
Reed Smith has hired Ryan T. Purpura, chair of McGuireWoods’ energy practice, as a partner in the firm’s global energy and natural resources industry group.
Business of Law
Expert Witness’s Ouster Costs Med Mal Plaintiff $1 Million
A Maryland woman was properly stripped of a nearly $1 million medical malpractice damages award because she didn’t show that her expert witness spent no more than 20% of his time in activities related to providing expert witness testimony, a state appeals court said.
Ethics
On Test Day, Online Bar Exams Said to Encounter Tech Problems
Online bar exam takers in multiple states reported technical problems in the first day of testing, a result critics of the remote proctored exams for months had warned was likely.
Tennessee Lawyer Suspended for Forging Signature, Extravagant Fee
A Tennessee lawyer who signed a witness’s name on a court document and who charged a vulnerable client an unreasonable contingency fee was suspended for two years.
WAKE-UP CALL
Baker Botts to Follow V&E Out of Beijing
In today’s column, Kirkland and Goodwin steered Bristol Myers’ $13.1 billion acquisition of a heart drug maker; law firm leaders say the impact of Covid on this fiscal year is making it challenging to budget for 2021; LexisNexis and Knowable launched a new searchable database of U.S. M&A deals; a Pennsylvania casino and racetrack operator is reversing pay cuts for its top lawyer and other executives, citing improved business; a Virginia federal judge overseeing a high-stakes bench trial involving Cisco Systems Inc. refused to recuse, despite learning that his wife owned Cisco stock.
PRACTITIONER INSIGHTS
GCs Need Three Mission Critical Skills for Navigating Legal Challenges
Kirkland & Ellis LLP’s Erica Williams shares lessons on essential skills for legal team leaders from her experience serving in the Obama White House, the Securities and Exchange Commission, and now as a BigLaw partner. General counsel must remain mission-focused, implement effective communication strategies, and have the confidence to make tough decisions that minimize risks, especially during the pandemic.
Telehealth Industry Beware: The DOJ Is Watching
The Justice Department is paying attention to illegal kickback activity during the rapid growth of telehealth services in the pandemic, especially for Medicare and Medicaid patients, according to Crowell & Moring partner Michael Shaheen, a former trial attorney in DOJ’s Fraud Section. He suggests front-end compliance measures for physician offices to avoid scrutiny and help patients remotely.
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