1 Robert MacCrate, Remarks to the Ohio Conclave on Education for the Legal Profession (Sept. 29, 1994) (transcript available in the Conclave’s Report and Recommendations). Mr. MacCrate was Chairman of the ABA task force, and hence, the report informally bears his name.
2 Legal Education and Professional Development - An Educational Continuum, A.B.A. SECTION OF LEGAL EDUCATION AND ADMISSIONS TO THE BAR (1992) at 4. See also Steven C. Bahls, Preparing General Practice Attorneys: Context Based Lawyer Competencies. 16 J. LEG. PROF. 63-93 (1991).
3 See, Report and Recommendations of the Ohio Conclave on Education for the Legal Profession.
4 68 Ohio B. 738 (August 28, 1995).
5 Robert MacCrate, Remarks to Ohio Conclave, supra.
7 ABA, Legal Education and Professional Development, supra, at 40 et seq.
8 Id. at 7.
10 Report and Recommendations of the Ohio Conclave, supra.
11 Id. at 1.
12 Id. at 85, et seq.
13 Id. at 2.
14 OHIO CONST., art. IV, § 2(B)(1)(g).
15 OHIO GOV. BAR R. I, §§ 1, 5.
16 Id. at § 4.
17 OHIO GOV. BAR R. V.
18 OHIO GOV. BAR R. X.
19 Supreme Court of Ohio Registration Office, January 1997 status report.
20 According to the Population Estimates Program of the Population Division of the United States Census Bureau, the estimated population in Ohio in 1996 was slightly over 11,000,000 people.
21 ABA, Legal Education and Professional Development, supra, at 16.
22 Ohio State Bar Association, Member Survey, Part I, May 23, 1996, at 25. The Commission recognizes that the membership of the Ohio State Bar Association consists of approximately seventy-five percent of the practicing bar in Ohio, and that only one-third of the members responded to the survey. These facts must be considered when evaluating the statistics and their limited application in this area.
24 Robert MacCrate, Remarks to the Ohio Conclave, supra.
26 The following universities operate law schools in Ohio: The University of Akron, Capital University, Case Western Reserve University, The University of Cincinnati, Cleveland State University, The University of Dayton, Ohio Northern University, The Ohio State University, and The University of Toledo. For a complete history of Ohio law schools, see Stanley A. Samad, A History of Legal Education in Ohio (August 1, 1972).
27 The complete survey results can be obtained from the Commission co-chairs.
28 OHIO GOV. BAR R. X, § 1(A).
29 Id., § 2.
30 Id., § 3.
33 Id., § 5(A).
34 Law Services, The Official Guide to U.S. Law Schools 8 (1997).
36 Report and Recommendations of the Ohio Conclave, supra, at 86, et seq.
37 ABA, Standards for Approval of Law Schools and Interpretations, SECTION OF LEGAL EDUCATION AND ADMISSIONS TO THE BAR, at §302(a). These standards were adopted by the ABA House of Delegates in August 1996, and can be found at Appendix "C."
38 Id. at §302(b).
39 Jerome J. Shestack, President of the American Bar Association, recently stated:
"Recent rulings by federal courts have thrown the validity of affirmative
action programs into question. The ban on affirmative action adopted by
the Regents of the University of California has demonstrated with frightening
clarity the risk to our nation of assuming that the effects of past racism have
disappeared from American culture. They have not. We must invest our
hearts and souls in efforts to bring more minority persons into law, and
fight with all our energy the effect of developments tossing them out of
pathways to our profession, or that make the pathways too inhospitable for
minorities to make the journey."
American Bar Association press release, August 4, 1997,
found at http://www.abanet.org/media/news.html .
40 Report and Recommendations of the Ohio Conclave, supra, at 88, et seq.
41 The Subcommittee would like to give a special acknowledgment to Marcia Mengel, Clerk of the Supreme Court of Ohio, for her assistance in the Subcommittee’s work on this issue. She consulted with the Subcommittee and gave of her time and expertise so that the Subcommittee could become more well-informed regarding the present bar examination. Much of the information contained in this section of the report was provided by Ms. Mengel.
42 OHIO GOV. BAR R. I, § 1.
43 Id., § 4.
44 Id., § 5.
45 Admission to the bar also requires candidates to pass the Multistate Professional Responsibility Exam (MPRE). The MPRE is administered separately from the bar examination itself, typically during the third year of law school.
46 Subsequent to the issuance of this report, the Subcommittee conducted a comprehensive review of the studies addressing the reliability and validity of the MBE.
47 The last revision occurred in 1995 when the overall examination was reduced from three days to two-and-one-half days and the number of essay questions was reduced from 24 to 18.
48 ABA, Legal Education and Professional Development, supra, at 280. (Quoting from Certifying Professional Competence: The Alaska Experiment, 52 The Bar Examiner 1, 14 (February 1983)).
49 Id. at 282.
50 The description of the Multistate Performance Test (MPT) contained in this report is taken from the 1996 Information MPT Booklet distributed by the National Conference of Bar Examiners.
51 See, Klein, Relationships Among MBE, Essay, and July 1993 Performance Test Scores (undated) (accompanying a memorandum from Francis D. Morrissey, NCBE President, and Jane Peterson Smith, NCBE Director of Testing, to interested members of the Bar Association community (April 1994)); Kuechenmeister, A Performance Test of Lawyering Skills: A Study of Content Validity, 64 The Bar Examiner 23 (May 1995); Smith, The July 1993 Performance Test Research Project, 64 The Bar Examiner 36 (May 1995).
52 Smith, supra, at 42.
53 See Klein, The Costs and Benefits of Performance Testing on the Bar Examination, 65 The Bar Examiner 13 (August 1996). By February 1998, 17 states will be using the MPT. 66 The Bar Examiner 3 (Feb. 1997).
54 Report and Recommendations of the Ohio Conclave, supra, at 89, et seq.
55 See 69 Ohio B. 242 (March 25, 1996).
56 The MacCrate Report identified the following skills as basic to the practice of law: problem solving, legal analysis and reasoning, legal research, factual investigation, communication, counseling, negotiation, litigation and alternative dispute resolution procedures, organization and management of legal work, and recognizing and resolving ethical dilemmas. See ABA, Legal Education and Professional Development, supra.
57 Elaine S. Fox, Aspects of Lawyer Mentoring, 7 Professional Lawyer 16 (Vol. 1, November 1995)(other citations omitted).
American Bar Association. (1992). Legal Education and Professional Development — An Educational Continuum.
American Bar Association. (1996). Standards for Approval of Law Schools and Interpretations.
Bahls, Steven, Preparing General Practice Attorneys: Context Based Lawyer Competencies, 16 J. LEG. PROF. 63-93 (1991).
Fox, Elaine S. (1995). Aspects of Lawyer Mentoring. Professional Lawyer, 7, 16.
Klein, Stephen. Relationships Among MBE, Essay, and July 1993 Performance Test.
Klein, Stephen. (1996). The Costs and Benefits of Performance Testing on the Bar Examination. The Bar Examiner, 65, 13.
Kuechenmeister, Marcia A. (1995). A Performance Test of Lawyering Skills: A Study of Content Validity. The Bar Examiner, 64, 23.
MacCrate, Robert. (1994). Remarks to the Ohio Conclave on Education for the Legal Profession. Transcript found in the Report and Recommendations of the Ohio Conclave on Education for the Legal Profession.
National Conference of Bar Examiners. (1996). Multistate Performance Test Information Booklet.
Report and Recommendations of the Ohio Conclave on Education for the Legal Profession. (1994). Published by the Ohio Continuing Legal Education Institute.
Samad, Stanley A. (1972). A History of Legal Education in Ohio. Unpublished Manuscript.
Smith, Jane Peterson. (1995). The July 1993 Performance Test Research Project. The Bar Examiner, 64, 36.
Supreme Court of Ohio, Office of Attorney Registration. (1997). January 1997 Status Report of Registered Attorneys.
U.S. Census Bureau, Population Division. (1996). Population Estimates Report.