Amendments to the Rules of the Supreme Court Relating to Admissions to the Bar

762 So. 2d 435, 25 Fla. L. Weekly Supp. 28, 2000 Fla. LEXIS 6, 2000 WL 12836
CourtSupreme Court of Florida
DecidedJanuary 6, 2000
DocketNo. SC95626
StatusPublished
Cited by1 cases

This text of 762 So. 2d 435 (Amendments to the Rules of the Supreme Court Relating to Admissions to the Bar) is published on Counsel Stack Legal Research, covering Supreme Court of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Amendments to the Rules of the Supreme Court Relating to Admissions to the Bar, 762 So. 2d 435, 25 Fla. L. Weekly Supp. 28, 2000 Fla. LEXIS 6, 2000 WL 12836 (Fla. 2000).

Opinion

PER CURIAM.

The Florida Board of Bar Examiners (the Board) petitions this Court to amend the Rules of the Supreme Court Relating to Admissions to the Bar. We have juris[436]*436diction. See Art. V, § 15, Fla. Const. We approve the proposed amendments as set forth in the attached Appendix.

The Board has petitioned to amend Rule 4-13 of the Rules of the Supreme Court Relating to Admissions to the Bar. This proposed amendment would allow bar applicants to take the Multistate Professional Responsibility Examination (MPRE) prior to graduation from law school. Due to the practical import of this amendment, the Board also petitions this Court to amend Rule 4-33.1 by deleting the language in that rule that indicates that MPRE scores attained prior to completion of law school educational requirements will not be accepted. Also in connection with the proposed amendment to Rule 4-13, the Board petitions this Court to amend the following rules to the extent that they refer to the Florida Bar Examination, as opposed to the General Bar Examination: Rule 2-11.1, Rule 2-13, and Rule 4-64.1

The proposed amendments were published in The Florida Bar News on June 15, 1999, with an invitation for comments. Attorney William Reece Smith, Jr.2 filed a comment in response to the proposed amendment of Rule 4-13. Mr. Smith argues that allowing students to take the MPRE while still in law school sends the wrong message to students, legal professionals, and clients. Specifically, Mr. Smith contends that accelerating testing on professional responsibility matters during law school, while delaying testing of substantive matters until after graduation, devalues the former in favor of the latter. Smith also argues that the in-school MPRE would be disruptive of the law school’s academic environment in that it will disrupt students’ studies; affect the scheduling and content of courses; and, if the change is to become effective immediately, not allow instructors sufficient time to incorporate new developments into their courses. After much consideration, as well as input from the Florida Supreme Court Commission on Professionalism,3 certainly we understand and appreciate the thoughtful concerns expressed but conclude that the benefits of the changes are more compelling.

First, prior to the amendment, professional responsibility was tested after substantive matters. It does not necessarily follow that professional responsibility will be devalued if students are permitted to take the MPRE' while still in law school. Indeed, it may place a greater emphasis on ethics if the subject is tested prior to the testing of substantive matters. In addition, it is difficult to imagine why professional responsibility will be devalued when, even if students take the MPRE while in school, professional responsibility is also subject to testing during Part A of the General Bar Examination.4 In fact, professional responsibility has been tested during Part A of the General Bar Examination seven [437]*437times during the past five years.5 Thus, students cannot simply dismiss the subject of professional responsibility after they complete an in-school MPRE, as Mr. Smith contends.

Second, taking the MPRE while in law school.will be no more disruptive than job interviews, law review, moot court or any of the other major student activities. Law students are not only accustomed to balancing their time, it is a necessary lesson to learn as a student.

Moreover, it is not clear that allowing students to sit for the MPRE prior to graduation will affect the methods utilized by law schools to structure the curriculum or the manner in which professors structure their courses. In any event, law schools are in the best position to establish their pedagogical goals; thus, they should be able to create a curriculum that would establish, as a practical matter, the earliest date when a student would sit for the MPRE. As for instructors not having sufficient time to incorporate changes in the ethics field into their courses, we are confident that professors are consistently complying with their continuing duty to stay abreast of recent developments in this area. Also, it is important to note that simply because students may take the MPRE while still in school does not necessarily translate into transforming law school ethics courses into bar preparation courses.

Lastly, and of critical importance, allowing students to take the MPRE prior to graduation merely gives students more flexibility. Students will not be required, to take the MPRE prior to graduation; they will simply have the option to do so.

Accordingly, we amend and adopt the rules as reflected in the Appendix to this opinion. Underscoring indicates new language; strike-through type indicates deletions. The Board’s rationale is included only for explanation and guidance and is not adopted as an official part of the rules. These rules shall take effect upon the release of this opinion.

It is so ordered.

HARDING, C.J., and SHAW, WELLS, ANSTEAD, PARIENTE, LEWIS and QUINCE, JJ., concur.

APPENDIX

Rule 2-11.1 is amended to read:

2-11.1 Educational Qualification. To be admitted into the Florida General Bar Examination and ultimately recommended for admission to The Florida Bar, an applicant must have received the degree of Bachelor of Laws or Doctor of Jurisprudence from an accredited law school (as defined in 4-13.2) at a time when the law school was accredited or within 12 months of accreditation or be found educationally qualified by the Board under the alternative method of educational qualification. Except as provided in Rule 2-11.2, none of the following shall be substituted for the required degree from an accredited law school:

(a) private study, correspondence school or law office training;

(b) age or experience;

(c) waived or lowered standards of legal training for particular persons or groups.

Rule 2-13 is amended to read:

2-13 Prohibitions Against Application. No person shall be eligible to apply for admission to The Florida Bar or for admission into the Florida General Bar Examination unless the time period as indicated below has expired or the required condition or status has been met.

Rule 4-13 is amended to read:

4-13 Educational Qualifications. In order to submit to any por-tion part of the Florida General Bar Examination an appli[438]*438cant must be able to provide evidence at the time of submission to the General Bar Examination of receipt of, or completion of the requirements for, the degree of Bachelor of Laws or Doctor of Jurisprudence from an accredited law school or be found educationally qualified under the alternative method of educational qualification as provided in Rule 2-11.2. The law degree must have been received from an accredited law school or within 12 months of accreditation. An applicant may sit for the MPRE prior to graduation from law school; however, the requirements of Rule 4-18.1 are applicable.

Rule 4-33.1 is amended to read:

4-33.1 Transfer of Score. The applicant shall direct requests to transmit the score attained on the MPRE to the agency that administers the MPRE. Scores are transmitted on a certificate supplied by the agency and should be forwarded directly by that agency to the Board.

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762 So. 2d 435, 25 Fla. L. Weekly Supp. 28, 2000 Fla. LEXIS 6, 2000 WL 12836, Counsel Stack Legal Research, https://law.counselstack.com/opinion/amendments-to-the-rules-of-the-supreme-court-relating-to-admissions-to-the-fla-2000.