The California Supreme Court has decided that it’s time to change the state’s notoriously difficult bar exam after observing very low passage rates for the past few years compared to other states.

The state’s passing score, referred to as the “cut score,” has been set at 144. California has the second highest score to pass nationwide behind only Delaware. Last year 62 percent of applicants passed. Other states, like New York, saw a rate around 80 percent, according to the New York Times.

The changes, which will take effect in January, will give the California Supreme Court the ability to change the “cut score,” according to the ABA Journal. The court will have the authority to appoint 10 of the 19 members of the committee of bar examiners. The court amended the California Rules of Court to expand its power, dictating that it “must set the passing score of the examination.” The Supreme Court justices could make the decision soon and retroactively apply them to last month’s exams, according to the New York Times.

Some businesses that prepare law students for the bar exam called the move “unprecedented.” But according to Erica Moeser, president of the National Conference of Bar Examiners, this action isn’t out of the ordinary. Instead, it will bring California in line with other states. “Virtually all state supreme courts exercise their inherent authority to regulate the admission of lawyers more closely than has appeared to be the case in California,” she said.

In February the state bar received a letter from 20 California law school deans advocating a scoring change, which prompted the group to launch the study.

The court was further compelled to act after the University of California Hastings College of the Law Dean complained to the California Committee of Bar Examiners. Dean David Faigman called the steep standard “outrageous and constitutes unconscionable conduct on the part of a trade association that masquerades as a state agency” after only 51 percent of his school’s graduates qualified.

Robert Anderson, a professor of corporate law at Pepperdine School of Law, who studied the 10 most difficult state bar exams in 2013, concluded that California had the most difficult exam even if its score standard was lower than Delaware’s, according to the New York Times. Anderson recommended lowering the score to 133, the same as New York. That change would mean that 87 percent of test-takers would pass, according to ABA Journal.

There are still people who advocate for the high standard when certifying lawyers. Supporters believe that the high cut score protects citizens from unprepared lawyers and continues a tradition of accepting only very qualified candidates.

California is home to plenty of prestigious law schools–ranging from Stanford in the northern part of the state to UCLA in the southern part–so it trains many law students. If California feels as though young law students are fleeing the state to get easily certified elsewhere, a change makes sense. The strict standards have been part of the California Bar Association’s reputation for a while now but for a state that is home to economic hubs for entertainment and technology, it’s important to retain talent.

Josh Schmidt

Josh Schmidt is an editorial intern and is a native of the Washington D.C Metropolitan area. He is working towards a degree in multi-platform journalism with a minor in history at nearby University of Maryland. Contact Josh at staff@LawStreetMedia.com.

The post Is the California Bar Exam About to Get Easier? appeared first on Law Street.

The California Bar Association really doesn’t seem to like fraternization between lawyers and their clients–so much so that it’s considering a rule to punish sexual relationships between the two groups as it reworks the state’s ethics rules for attorneys.

While California attorneys can obviously get in trouble for coercing or demanding sex from a client as a quid pro quo, the new rules would potentially discipline attorneys who engage in any sex with clients. The argument in favor of the ban is that any relationship between a client and an attorney is unequal, as the attorney presumably holds the cards. But attorneys who are opposed to this proposed new rule argue that it’s invasive and doesn’t respect their privacy or judgment as consenting adults.

The California Bar Association–the largest in the country–is rewriting its ethics rules for the first time since 1987. Some of the 70-odd proposed changes are a long time coming, and will bring California in line with other states. For example, under the new rules, according to the Associated Press the state will begin “subjecting prosecutors to discipline for failing to turn over evidence they know or reasonably should know would help the defense.” There are also new guidelines being considered for certain instances, like when a lawyer is working with a client who has a “diminished mental capacity,” among others. The new rules are expected to be finalized in the spring of 2017 by the rules commission, and then will be sent to the California Supreme Court for final approval.

Nationwide there’s been a split on whether or not to institute a sex ban between attorneys and clients. Seventeen states have taken the plunge, but California would obviously be a big one to join.

There are, of course, some exceptions that would be in place–like for individuals who are already in a personal relationship prior to the attorney-client relationship. But of course, not all lawyers are happy with this proposal. James Ham, one of the lawyers on the commission, wrote a dissent that included:

Proponents of a complete ban cannot articulate why a lawyer should be disciplined for sexual relations with a mature, intelligent, consenting adult, in the absence of any quid pro quo, coercion, intimidation or undue influence.

But those in favor of a ban argue that the issue is that it’s difficult to tell whether coercion or consent are present–and the potential for coercion creates the problem.

Anneliese Mahoney

Anneliese Mahoney is Managing Editor at Law Street and a Connecticut transplant to Washington D.C. She has a Bachelor’s degree in International Affairs from the George Washington University, and a passion for law, politics, and social issues. Contact Anneliese at amahoney@LawStreetMedia.com.

The post California Bar Association May Ban Sex Between Attorneys and Clients appeared first on Law Street.