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The Bar

OCTOBER, 1911

A Refuge For The Unfit

It is a great disappointment to the friends of a higher standard of qualification for admission to the bar, that no definite action was taken at the last meeting of the State Bar Association to remedy the deplorable situation that now exists. in this State in relation to that matter.

So far as West Virginia is concerned just now, there is no standard. The repeal of the rule by the Court of Appeals making certain educational requirements essential for admission, leaves the door open to all the shysters and ignoramuses in all the laud to settle down on us. It makes West Virginia the dumping ground for the offal of all the States and the profession will soon be submerged by the army of incompetents who are always on the alert for just such a refuge as this State is now offering them.

We confess that we do not understand the situation and are unable to account for the unconcern that seems to exist among members of the bar in this connection. We do not believe that the Supreme Bench favors a free-for-all race for the honor, the dignity, and the emoluments of membership in the West Virginia Bar, but they cannot be oblivious to the fact, nor can there be any difference of opinion as to the effect of the fact, that such a situation now exists as will destroy, if it continues, the dignity and desirability of a place in the legal profession in this State.

So far as we have observed there is no State which does not now require an educational qualifiication for admission to its bar, although a few years ago, there were two or three which fixed a very low standard or none. The tendency in quite all of the States now, is to raise the standard. In New York a new and higher standard has recently been promulgated by the Supreme Court. We quote a few of the provisions of this new law as an object lesson:

All candidates for admission to the Bar upon examination, except applicants in the third class mentioned in Rule III (i. e.,

persons who have been admitted and have practiced three years in another State or country), must have pursued a preliminary course of study evidenced by graduation from a college or university, or by passing a regents' examination or the equivalent as hereinafter prescribed:

Applicants who are not graduates of a college or university, subject to the limitations and requirements hereinafter in this subdivision expressed, or members of the Bar as above described, before entering upon the clerkship or attendance at a law school here in prescribed shall have passed an examination conducted under the authority and in accordance with the ordinances and rules of the University of the State of New York, in English, three years; mathematics, two years: Latin, two years; science, one year; history, two years; or in their substantial equivalents as defined by the rules of the university, and shall have filed a certificate of such fact, signed by the commissioner of education, with the Clerk of the Court of Appeals, whose duty it shall be to return to the person named therein a certified copy of the same showing the date of such filing. The regents may accept as the equivalent of and substitute for the examination in this rule prescribed, either, first, a certificate, properly authenticated, of having successfully completed a full year's course of study in any college or university; second, a certificate, properly authenticated, of having satisfactorily completed a four years course of study in any institution registered by the regents as maintaining a satisfactory academic standard; or, third, a regents' diploma.

The provisions for accurately testing the qualifications of the applicant and to prevent any evasion are elaborately set forth in a series of rules that inake a small volume. This work is done by a State Board of Examiners" who each receive a salary of $2,000 and expenses. And a rule provides that:

"Each applicant for examination must file with the secretary of the board, at least fifteen days before the day appointed for holding the examination at which he intends to apply, the preliminary proofs required by the 'Rules of the Court of Appeals for the admission of attorneys and counselors at law,' from which it must appear affirmatively and specifically that all the preliminary conditions prescribed by said rules have been fulfilled, and also proof of the residence of the applicant for six months prior to the date of the said examination, giving place, with street and number, if any, which must be made by his own affidavit. Said affidavit must also state that such res

dence is actual and not constructive. The board in its discretion may order additional proofs of residence to be filed, and may require an applicant to appear in person before it, or some member thereof, and be examined concerning his qualifications to be admitted to the examinations. The examination fee of $15 must be paid to the treasurer at the time the application for examination is filed.

"To entitle an applicant to a re-examination, he must notify the secretary by mail of his desire therefor at least fifteen days before the examination at which he intends to appear, and file with him, at the same time, his own affidavit stating that he is and has been for the six months prior to such examination an actual and not constructive resident of this State, giving the place of such residence, and street and number, if any."

In regard to the admission of attorneys from other states, the rule is a comprehensive and wise one, and we quote it:

"An applicant for admission to practice as an attorney and counselor at law on motion, under the provisions of Rule II of the Rules of the Court of Appeals for the admission of attorneys and counselors at law, must present to the court proof that he has been admitted to practice as an attorney and counselor at law in the highest court of law in another State, or in a country whose jurisprudence is based upon the principles of the cominon law of England; a certificate, executed by the proper authorities, that he has been duly admitted to practice in such State or country; that he has actually remained in said State or country and practiced in such court as attorney and counselor at law for at least three years; a certificate from a judge of such court that he has been duly admitted to practice and has actually continnously practiced as an attorney and counselor at law for a period of at least three years after he has been admitted, specifying the name of the place or places in which he had so practiced and that he has a good character as such attorney. Such certificate must be duly certified by the clerk of the court of which the judge is a member, and the seal of the court must be attached thereto. He must also prove that he is a citizen of the United States and has been an actual resident of the State of New York, or of an adjoining State for at least six months prior to the making of the application, giving the place of his residence by street and number, if such there be, and the length of time he has been such resident. He shall also submit the affidavits of two persons who are residents of the judicial district in which he resides, one of whom must be an attorney