Thursday, September 10, 2020
Following up on my previous posts:
William Patton (USC Law & UCLA Medicine), A Rebuttal to Kinsler's and to Anderson and Muller's Studies on the Purported Relationship between Bar Passage Rates and Attorney Discipline, 93 St. John's L. Rev. 43 (2019):
I applaud Professors Kinsler, Anderson, and Muller for investigating whether the bar examination is relevant to patterns of attorney discipline. However, their research failed to prove that: (1) students from low rated law schools engage in significantly more unethical behavior; (2) there is a causal relationship or correlation between students who attend low ranked schools, their bar exam scores, and their disciplinary patterns; or (3) students from low ranked schools who scored lower on the bar exam are either not minimally competent to practice law or are a significantly greater danger to the public than students who attended elite law schools.
They also failed to prove that lowering an extremely high MBE cut score to one near the national MBE mean will have any significant effect on attorney misconduct. Finally, they failed to demonstrate any connection between the number of times attorneys retake the bar exam, attorney disciplinary rates, and danger to the public.