which is true about attorney competence?

Does the bar exam test competence?

Lawyer Allen Mendenhall argues in The Freeman that the bar exam does not test competence, but merely one’s ability to memorize a wide array of material. It’s more a “hazing ritual” than a useful means of separating those who could become capable lawyers from those who couldn’t. “The bar exam tests the ability to take tests,” he writes, ...

Is the bar exam a barrier?

The correct answer is false. Instead of ensuring that all legal practitioners are competent, the bar exam (and its long prelude, law school) merely creates an artificial barrier that keeps many people from competing in the market for legal services. That has two main consequences. First, some people who could earn a pretty good living as attorneys ...

Why is the bar exam important?

Instead of ensuring that all legal practitioners are competent, the bar exam (and its long prelude, law school) merely creates an artificial barrier that keeps many people from competing in the market for legal services. That has two main consequences.

Is market competition a regulator?

In short, market competition is a very effective regulator. In comparison, government licensing raises costs without any quality improvement. If states were to deregulate the practice of law, the costs of getting into the profession would fall substantially, but there would be no loss in competence.

Who is the president of the National Conference of Bar Examiners?

That is exactly what Erica Moeser, president of the National Conference of Bar Examiners told New York Times writer Elizabeth Olson for her March 19 article “Bar Exam, the Standard to Become a Lawyer, Comes Under Fire.”.

When a prosecutor uses trial sufficiency as the customary criterion for prosecuting cases, what

When a prosecutor uses trial sufficiency as the customary criterion for prosecuting cases, only cases that seem certain to result in conviction at trial are accepted for prosecution. Use of plea bargaining is minimal; good police work, and court capacity to go to trial are required. (p. 401) United States attorneys.

What is a prosecuting attorney?

prosecuting attorney. A legal representative of the state with sole responsibility for bringing criminal charges; in some states referred to as district attorney, state's attorney, or county attorney. (p. 387) public defender. An attorney employed on a full-time, salaried basis by the government to represent indigents.

What is a public defender?

(p. 387) public defender. An attorney employed on a full-time, salaried basis by the government to represent indigents. (p.

What is the state attorney general?

state attorney general. A state's chief legal officer, usually responsible for both civil and criminal matter. (p. 387) system efficiency. Policy of the prosecutor's office that encourages speedy and early disposition of cases in response to caseload pressures.

What is an attorney in private practice?

(p. 402) An attorney in private practice assigned by a court to represent an indigent. The attorney's fee is paid by the government with jurisdiction over the case.

What is the role of the chief legal officer in a state?

A state's chief legal officer, usually responsible for both civil and criminal matter. (p. 387) system efficiency. Policy of the prosecutor's office that encourages speedy and early disposition of cases in response to caseload pressures.

What does "discovery" mean in criminal law?

The lawyer who represents accused or convicted offenders I their dealings with criminal justice officials. (p. 405) discovery. A prosecutor's pretrial disclosure, to the defense, of facts and evidence to be introduced at trial. (p. 395) legal sufficiency.

What does an older person need to know to be legally competent?

These might include: Medical consent capacity. Sexual consent capacity. Financial capacity.

What does "incompetence" mean in law?

You should know that the term “incompetence” was historically used to refer to a legal determination. In other words, it’s up to courts, not doctors, to say whether someone is incompetent. This is governed by state law so different states have different criteria.

What happens if someone is found incompetent?

But overall, if someone is found in court to be incompetent, they often will be assigned a guardian or conservator to manage decisions on their behalf. To decide whether an older person is legally competent, the court will need to know about the person’s ability to manage certain major types of decisions.