NCJ Number
62084
Date Published
1978
Length
9 pages
Annotation
FINDINGS AND TENTATIVE RECOMMENDATIONS ARE OFFERED FROM THE UNITED STATES JUDICIAL CONFERENCE COMMITTEE STUDYING THE NEED TO ESTABLISH STANDARDS FOR ADMISSION TO PRACTICE IN THE FEDERAL COURTS.
Abstract
BASED ON RESPONSES FROM A QUESTIONNAIRE SENT TO ALL FEDERAL DISTRICT JUDGES (81 PERCENT RESPONSE) AND RATINGS BY 284 PRESIDING FEDERAL JUDGES OF THE PERFORMANCES OF 1,969 LAWYERS, THE COMMITTEE FOUND THAT (1) 41 PERCENT OF THE JUDGES SURVEYED BELIEVE THERE IS A SERIOUS PROBLEM OF INADEQUATE TRIAL ADVOCACY BY LAWYERS PRACTICING IN FEDERAL COURTS; (2) IN RATING LAWYERS TRYING ACTUAL CASES, THE JUDGES FOUND THE PERFORMANCE OF ONE LAWYER IN EVERY SIX TRIALS TO BE INADEQUATE; AND (3) LAWYERS WERE DEEMED TO BE LACKING IN PROFICIENCY IN THE PLANNING AND MANAGEMENT OF LITIGATION AND TECHNIQUE IN THE WITNESSESS, RESULTING IN THE FAILURE TO PROTECT CLIENT INTERESTS. AS A RESULT OF THESE FINDINGS, THE COMMITTEE IS GIVING SERIOUS CONSIDERATION TO RECOMMENDING THAT BEFORE ATTORNEYS ARE PERMITTED TO PRACTICE IN FEDERAL COURT, THEY SHOULD PASS AN EXAMINATION TO SHOW SUFFICIENT KNOWLEDGE OF FEDERAL PRACTICE AND HAVE A REQUIRED MINIMUM OF TRIAL EXPERIENCE. FOR LAW SCHOOL GRADUATES THE EXAMINATION ON FEDERAL PRACTICE COULD BE ADMINISTERED IN CONJUNCTION WITH THE STATE BAR EXAM. THE MINIMUM TRIAL EXPERIENCE REQUIREMENTS MIGHT CONSIST OF FOUR EXPERIENCES COMBINING CONTESTED TESTIMONAL TRIALS IN A FEDERAL OR STATE RECORD, SIMULATED TRIALS IN A LAW SCHOOL OR POST-LAW SCHOOL PROGRAM, OR SUPERVISED OBSERVATIONS OF FEDERAL COURT TRIALS. PRACTICING ATTORNEYS MIGHT BE PERSUADED OR COERCED TO IMPROVE THEIR ADVOCACY COMPETENCY IN FEDERAL COURTS THROUGH PERFORMANCE REVIEW COMMITTEES; PERIODIC RECERTIFICATION FOR THE BAR; AND VOLUNTARY, LOCALLY MANAGED PROGRAMS WHICH ENHANCE KNOWLEDGE OF FEDERAL PRACTICE SUBJECTS AND IMPROVE TRIAL SKILLS. FOOTNOTES AND A LIST OF COMMITTEE MEMBERS ARE INCLUDED. (RCB)