Bar winners and losers; N.Y. committee suggests lawyer exams test wrong skills, unfair to minorities

Article Abstract:

Bar examinations are being questioned and reviewed across the country, and the New York City bar's recent report provides a particularly striking example of that trend. In a report from an NYC bar committee, the exam is accused of not adequately assessing practice skills and possible unfairness to minorities. The committee urges various reforms including the use of performance testing and requiring bar applicants to take 100 hours of clinical skills training. The New York State Board of Law Examiners disagrees with their conclusions, especially with respect to unfairness to minorities.

Standards, Evaluation, Admission to the bar, Bar examinations

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Punitives under control; but tort reform boosters see bias in study findings

Article Abstract:

Professor Michael Rustad of Suffolk University Law School has published a study on punitive damages in products liability cases which contradicts the popular opinion that they are skyrocketing. Rustad found just 355 awards in the 25 years ending in 1990. Plaintiffs collected the full awards in less than 50% of those actions. Based on his research, Rustad believes that punitive damages are only awarded when defendants knew beforehand that their products were dangerous. He believes jurors should decide on punitive damages at a separate phase of trial requiring a greater burden of proof.

Reports, Remedies, Product liability, Exemplary damages, Punitive damages, Products liability

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IRS tests lawyer audit program; Southern California compliance effort could spread to other cities

Article Abstract:

The IRS started a Market Segment Specialization Program in the early 1990s to audit industries with a history of compliance problems. Lawyers were one of the industries selected. Among the problems the IRS has had with lawyer tax returns over the years are unreported income, improper deferral of income, and improper claiming of costs and deductions.

Taxation, Attorneys, Investigations, Lawyers, United States. Internal Revenue Service, Taxpayer compliance

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