Arizona and Florida Justices Discuss Legal Reforms and Bar Exam at Federalist Society Event
On Saturday, November 16, 2024, prominent justices from Arizona and Florida addressed key reforms in the legal profession during a discussion organized by The Federalist Society. Arizona Supreme Court Justice Clint Bolick and Florida Supreme Court Justice Charles Canady shared their insights on the evolving landscape of legal services, particularly focusing on the bar exam and access to justice.
Justice Bolick highlighted Arizona’s pioneering efforts in deregulating the legal profession, emphasizing a series of reforms aimed at enhancing access to justice. Among these reforms is the introduction of alternative business structures (ABS), which allow non-lawyer ownership in legal firms. Bolick pointed out that this initiative has fostered innovation within the legal market, allowing firms to explore new business models that could better serve clients. He cited the example of a firm investing in patents, showcasing how collaboration between lawyers and non-lawyers can benefit clients.
In addition to ABS, Bolick discussed the establishment of legal paraprofessionals—trained professionals who can represent clients directly in court. This reform aims to address the significant number of unrepresented individuals in family law cases, offering legal services at a more affordable rate. Bolick expressed optimism about the potential for these paraprofessionals to improve access to legal representation.
One of the more contentious topics was the bar examination itself. Bolick reflected on his initial desire to reform the exam, noting that it had historically served as a protective barrier in the legal profession. However, he acknowledged the need for a balance, mentioning recent changes that allow applicants scoring close to the passing mark to practice under supervision in underserved areas. This move aims to alleviate the shortage of lawyers while maintaining high standards for legal practice.
In contrast, Justice Canady expressed a strong reluctance to eliminate the bar exam, underscoring its critical role in ensuring the competency of lawyers. He articulated that if faced with the choice between eliminating the requirement to attend law school or the bar exam, he would prefer to retain the bar exam. Canady emphasized the court’s constitutional responsibility to regulate the admission and discipline of lawyers, suggesting that any move toward deregulation could conflict with this essential mandate. He pointed out that while there have been discussions about transitioning to an apprenticeship model instead of requiring a law degree and passing the bar exam, he firmly believes in maintaining the bar exam as a necessary measure to uphold high standards within the legal profession.
Both justices acknowledged the importance of public participation in legal reform processes. Bolick encouraged attendees to propose changes to legal rules, highlighting the less formal mechanisms available for driving innovation in the profession. Canady, while advocating for careful consideration of reforms, echoed the need to improve access to legal services, particularly for low and moderate-income individuals.
The discussion underscored the complexities and differing perspectives surrounding legal reform, particularly regarding the bar exam and access to justice. As states like Arizona lead the way in innovative legal practices, the conversation around these critical issues continues to evolve, reflecting the ongoing challenges and opportunities within the legal profession.
Source: The Federalist Society
