What is the Bar Exam? How to Become a Member of Bar Association

Mar 22, 2022

Have you ever wondered what does bar stands for law industry professionals? The term bar refers to the entire legal profession. It could be a lawyers’ institution on a national level or in a particular state, such as the California Bar Association.

The experts agree that the term originates from England. That’s where it was coined in the 16th century. Today, the bar is a word that commonly describes the line that separates the courtroom. The spectators remain in a separate area while those who “passed the bar,” such as lawyers, can be in the other part.

In this guide, we’ll talk more about the bar associations but also exams required to practice law in California and the US. Keep reading to discover the specifics of different exams and associations!

What Is the State Bar of California?

The State Bar of California is a vital component of the legal system. The Legislature established this authority in 1927, and it serves as a body that regulates and licenses lawyers.

What is the Bar Association’s mission? The primary focus is on protecting the public and serving the people of California. They do that by overseeing the legal profession. At this point, more than 250,000 lawyers have acquired their licenses from the State Bar.

Who Governs the State Bar?

The Board of Trustees is the governing body of the State Bar. They usually have six meetings annually, although the number varies on different factors. These meetings occur in Los Angeles or San Francisco, which is where the State Bar has its offices. Urgent conferences might also occur over the internet.

There are 13 members in the Board, and those include:

• Two attorneys, one appointed by the Speaker of the Assembly and the other by the Senate Committee.
• Five attorneys instated by the California Supreme Court.
• Six members of the public who don’t have to be attorneys.

The Board designs any guiding principles and policies to meet the body’s primary goals.

What Does It Do?

The official website of the State Bar of California mentions their main objectives:

• Regulate the practice of law and the legal profession in California.
• Licensing new attorneys and administering the California Bar Exam.
• Suggesting and enforcing the Rules of Professional Conduct for lawyers.
• Monitoring to ensure all individuals who practice law follow the rules and laws.
• Administering sanctions and disciplinary actions against those who violate laws or rules.
• Improving overall access to justice for citizens.
• Promoting inclusion and diversity in the legal system.

If you contact attorney offices for a legal matter, make sure your case gets handled by a licensed lawyer. That will ensure you can file a complaint with the California Bar Association if you don’t feel the representation was adequate.

How Does It Work?

The State Bar regulates the legal profession. They license lawyers and oversee the practice of law in California. This association is in charge of handling complaints that clients have about attorney misconduct. The info on their website suggests that they have about 16,000 complaints every year. Based on the investigation, the bar can suggest suspension or disbarment. The State Bar Court makes that decision, but the Supreme Court needs to confirm it.

This authority also serves to improve access to justice, and the quality of service lawyers provide to citizens. You can use the State Bar to find free legal help, lawyer referral service, etc. Each lawyer has a public profile on the bar’s website. It helps potential clients to see their previous misconducts and other relevant details.

The bar distributes grants to legal aid organizations. You can apply for a grant if you are a legal service organization providing services on the territory of California. The estimation is that around $78 million is available annually for this purpose.

What Is the Bar Association?

The bar association is a professional lawyer organization on a specific territory. It can be a national entity, such as the American Bar Association. That’s the biggest voluntary lawyer association in the world. It serves as the legal profession’s national voice. You also have state bar associations, which are official lawyer associations in those jurisdictions.

What Is the Role of the Bar Association?

We know “what does bar stand for,” but what’s the role of the bar association? It should regulate the entire legal profession on its territory. The bar designs and implements Rules of Professional Conduct for existing attorneys and also issues licenses for those who want to become lawyers.

The role of the bar association is to ensure all who practice law follow the rules and guidelines of this organization and profession overall. They deal with complaints and ensure that anyone who violates the law gets disciplined.

Does California Have a Mandatory Bar Association?

Yes, California has a mandatory bar association. The word mandatory means that it runs an integrated bar, which works together with the system of courts. That means you need to be an active member of this association to practice law in the State of California.

What Is the Bar Exam?

So, what’s a bar exam? That’s an examination that’s a vital part of what you need to become a lawyer. It’s a series of tests that anyone who wants to be an attorney must pass before getting their license. The bar exam is necessary for all areas, so it doesn’t matter whether you want to become a criminal defense lawyer or specialize in another field.

There are two approaches that states across the US take for validating lawyer licenses. More than 20 states (the number keeps increasing) accept the Uniform Bar Exam. This is a standardized bar examination whose aim is to check the skills and knowledge of those who want to be licensed attorneys.

The National Conference of Bar Examiners designs the tests for this examination. The major advantage is that the test is valid in over 20 jurisdictions. Some states might require additional tests and checks, but they will admit your UBE score.

UBE and MBE: Components of the Bar Exam

The first question to ask is, “what is the bar association in charge in my jurisdiction?” In California, The State Bar has a specific exam you need to pass to practice law on its territory. A portion of this testing is the Multistate Bar Examination.

That exam is part of the UBE, which is a Uniform Bar Examination acknowledged in over 20 states. However, other components included in requirements vary depending on the process you choose.

UBE (Uniform Bar Exam)

Have you ever wondered why it is called the bar exam? The bar refers to the zone in front of the magistrate, and you need to pass the exam to access it. In other words, you need to pass the bar to practice law.

If you choose the UBE form, you’ll have the following three components:

• Multistate Bar Examination
• Multistate Essay Examination
• Multistate Performance Test

You can take UBE twice per year, and the entire exam lasts two days.

MBE (Multistate Bar Exam)

This is the crucial component of the UBE format since it takes 50% of the entire score. You’ll also find the State Bar of California uses this test as a part of their exam.

The Multistate Bar Examination consists of 200 questions. You have multiple choices and a total of six hours to work on the test. Its main purpose is for the relevant industry experts to see if you are ready to practice law. The questions might be from constitutional law or any other relevant area. The applicant proves that they can implement legal reasoning and principles bypassing the Multistate Bar Exam.

MEE (Multistate Essay Exam)

This is not a classic test but rather a set of essay questions. You’ll get six questions and 30 minutes to answer each. The examiners look for the candidate’s capability to discuss factual scenarios and real-life legal situations. The Multistate Essay Exam also shows you can set aside important information that’s not relevant for a legal issue. Finally, the answer in writing will ensure you can analyze and present your reasoning in a clear way. The UBE system considers MEE to carry 30% of the total worth.

MPT (Multistate Performance Test)

The last UBE component takes 20% of the entire UBE scoring. You’ll have two different exams, and they last 90 minutes each. The test will put you in realistic scenarios that you should be able to handle as a beginner. It serves for beginners to see if you can apply fundamental lawyer skills. The Multistate Performance Test is worth a fifth of your total UBE scoring.

What are the Requirements to Practice Law in California

The important thing to emphasize is that California isn’t among the states that recognize the Uniform Bar Exam. If you want to practice law in this state, you’ll need to acquire the State Bar’s license.

Here are the steps to follow to become an attorney in California:

1. Register as an attorney applicant or a law student. Unless you qualify for an exemption, you’ll need to provide a Social Security number.
2. Meet the legal education requirements. The most common method is spending three or four years at a law school or accredited by the ABA or the State Bar of California. You can also apply after they study for four years under a state attorney or judge or spend at least 864 hours preparing at a registered distance-learning facility.
3. The testing process. You’ll need a passing score at the California Bar Examination and the Multistate Professional Responsibility Examination (MPRE). First-year law students might need to pass another exam, too.
4. Moral character determination. It involves a background check, which can last up to six months.

How Hard is the Bar Exam?

The California Bar Exam is necessary for anyone who dreams about the legal profession in this state. This exam is quite hard, which is why you need serious preparation. The biggest problem is that the State Bar only holds this aspiring lawyers exam twice per year. That doesn’t give you many attempts to try and pass the test.

According to statistics, about 16,000 individuals apply for the bar exam each year. In 2021, there was a 39.6% passage rate in February and a 52.6% passage rate in July. It’s notable that, on most occasions, more than 50% of first-timers pass the test. The rate is often under 30% for repeaters.

What is the Format?

All applicants will go through multiple tests over the course of two days. The tests include:

• 90-minute Performance Test
• Five 60-minute essay questions
• The Multistate Bar Examination (MBE)

Now you know what’s a bar exam, as well as all the details about it. If you are in California and want to practice law, you need to acquire a license from the State Bar. Passing the State Bar exam is among the crucial requirements to get your license!

What Is Court-Ordered Rehab, and How Does It Work? 

Feb 22, 2022

Addiction and substance abuse are huge problems worldwide. Unfortunately, abusing substances can often lead to social misconduct and unacceptable behaviors, including committing a crime. We can see a large number of DUIs and crimes committed under the influence.

That’s when addiction doesn’t only harm the individual, but other people, too. It’s also where court-ordered rehab comes into play.

Here are all details about this treatment that could inspire a positive change!

What Is a Court-Ordered Rehab?

This treatment serves as an alternative to incarceration. The judge can issue court-ordered rehab when they believe this approach is more beneficial than jail time. The idea behind these treatment programs is to help the individual deal with addiction and prevent future problems.

The statistics indicate that persons under the influence of alcohol or drugs often commit crimes. DUIs, domestic violence, and property crimes are the most common categories.

Substance abuse can lead to criminal incidents, but it’s also a public health matter. It’s why the experts suggest involuntary rehab can be a successful alternative sentence for these offenders.

What Are the Different Types of This Rehab?

The law recognizes two different paths to receiving court-mandated rehab. The first one features criminal cases, which is when the offender faces potential jail time. It’s up to the judge to decide and recommend rehab instead of incarceration.

California is among the states that implemented involuntary commitment laws. That opens another path to rehab in this territory. It gives a family member an option to file a petition to see if their loved one meets the criteria required to get this treatment.

Orders for Rehab in Criminal Cases

Substances like alcohol or drugs play with our minds. Many offenders would never commit a crime if they were sober. But if they are under the influence, that increases the chances of illegal action. For example, if someone is a drug addict, they might have an extreme craving. It could lead them to steal money or attack someone to get money for drugs.

After the person gets caught, the judge will assess the case. Many judges are open to issuing a court-ordered drug treatment instead of incarceration. If it’s the first crime that person committed or they get a trustworthy criminal defense lawyer, it increases the odds of getting this alternative sentence.

Emergency Orders for Drug Rehab

Who’s the first one to recognize that an individual has a problem? It’s family members, close friends, or a loved one. The option to push for an emergency order for involuntary rehab gives an option to the family to act before an addict commits a crime.

It’s possible to get an emergency order for rehab in California. Here is how the process works:

1. You submit a petition to the relevant court. Make sure that you actually believe the person really requires a court-ordered treatment.
2. The person will be assessed. Any evidence and testimonies will be presented to the judge. They look for proof that the person’s mental health is poor, they lack self-control, or they pose a danger to themselves or others.
3. The court decided to hold the individual for involuntary assessment. The addiction treatment the judge orders can last up to 60 days.

Who Is Eligible for Rehab in California?

If we are talking about criminal cases, first-time offenders have a high chance of getting rehab instead of jail time. Therefore, the judge will analyze all relevant factors before recommending drug rehab California treatments.

These include:

• Type and severity of the crime. Non-violent crimes often motivate judges to consider recommending a rehab program.
• Violation frequency. First-time offenders have higher chances of qualifying for court-mandated rehab. If it’s a repetitive crime, you could be facing incarceration or prosecution.
• Substance abuse led to the crime. If abusing drugs or alcohol led to the criminal act, it could serve as a ground for alternative sentencing.
• Qualification for probation. If a probation sentence is possible, it could include drug rehab.

The court needs to be convinced that the offender could benefit from rehab. That’s why it can help to have a skilled drug lawyer with years of experience by your side.

How Long Is Court-Ordered Rehab?

The judge will decide the length of court-ordered treatment. However, the rehab cannot be longer than 60 days. Some offenders find that enough time to start thinking rationally. They could even decide to continue the rehabilitation to achieve complete sobriety.

Doctors and professional counselors might recommend earlier rehab releases. However, the court also has the right to prolong their initial order. They usually do that if they get negative testimony from relevant experts for that case.

Can You Refuse Court-Ordered Treatment?

It’s theoretically possible that your specific treatment breaches your constitutional rights. For example, that happens if the court orders you to attend a drug addiction program based on religion. If you believe that’s your situation, don’t hesitate to contact attorney experts in that area.

But if that’s not the case, you can only refuse involuntary rehab to switch it for other legal penalties. The only possible alternative might involve prosecution or jail time. That makes these treatments the best legal option and not only a potentially wise choice for your long-term health.

Who Pays for Court-Ordered Rehab?

The person who received the order is the one that needs to pay for the treatment. Some insurance plans might cover a portion of expenses or the whole program. You also keep the right to pick the facility where the rehab will occur. Some national institutes might offer subsidized, or reduced payments that ensure the offender can cover the costs.

It’s vital noting that a team of professionals will monitor you during the treatment. That includes healthcare providers and legal professionals. The idea is to ensure you comply with the order but also to provide a useful therapeutic experience.

Is Involuntary Rehab Effective?

A study published in 2006 revealed that involuntary rehab is every bit as effective as voluntary treatments. That’s encouraging, as well as the fact that these programs have a higher attendance percentage overall.

The motivation for rehab might be lower, especially in the beginning. However, the long-term success results are encouraging. Involuntary treatments have similar abstinence and employment rates to voluntary programs.

How to Choose a Court-Ordered Treatment Program

Your selection of available facilities will depend on the court order. The system aims to identify the best treatment for every individual.

That could include:

• Accelerated pretrial rehab program. These are for non-violent crimes and first-time attendees of these treatments. The offender can get charges dropped if they finish the rehab successfully.
• Educational programs. It’s the most common program found in court orders. It’s because it’s affordable, but also because it’s a frequent choice for DUIs and similar alcohol-caused crimes. You might qualify for sealing court files after completing this program.
• Group counseling. You’ll often find this rehab works on the famous 12-step model to fight addiction.
• Residential counseling. This is a demanding program for alcohol and drug offenders. You might find this program in large prison systems.
• Detox and inpatient rehab programs. If the court issues, you’ll need to stay in a detox center under medical supervision. Another option is an inpatient facility that replaces a harsh sentence or incarceration. You might get community service hours as part of your punishment.

Apart from this, you can consider the location and cost of the facility. You can even look for other features offered by a particular treatment facility to ensure they meet your needs.

Should You Hire a Criminal Defense Lawyer If You Have Not Been Charged With a Crime?

Feb 22, 2022

All defendants in criminal cases have the right to representation by a lawyer.  Criminal cases are the only instance where a court will appoint a lawyer to help you exercise your rights; defendants in civil lawsuits are not guaranteed professional legal representation. 

In the case of financial misconduct, civil and criminal wrongdoings overlap substantially.  For example, victims of fraud have the right to sue their scammers for damages in the amount that the scammers stole from them, whether or not any criminal charges are filed in connection to the matter. 

If there are allegations floating around about shady dealings on your part or on the part of businesses you control, it is a good idea to consult a lawyer to find out the best way to protect yourself even if no civil or criminal cases have officially begun and the accusations are still only on the level of social media rumors.  If, however, you have formally been charged with wire fraud or tax evasion, you need a Los Angeles federal criminal defense attorney.

More Trouble Ahead for Fatburger Bigwig?

FAT Brands is a Beverly Hills-based company that franchises several popular restaurant chains, including Fatburger, Round Table Pizza, and Johnny Rockets.  Its CEO Andrew Wiederhorn is no stranger to Hollywood glitz, being related by marriage to several reality TV personalities and Internet-famous folks.  He is also no stranger to fuzzy financial records and run-ins with the law.  In the mid-2000s, he served a 16-month prison sentence in Oregon after pleading guilty to filing a false tax return.  After his release from prison, he moved to California for a new start.

While he has not been charged with any crimes in California, the FBI is conducting an investigation into alleged securities and wire fraud, money laundering, and attempted tax evasion on Wiederhorn’s part.  The FBI is investigating allegations that Wiederhorn and his family members took out millions of dollars in loans from his companies in order to reduce the companies’ tax obligations.  Several credit card charges in the hundreds of thousands of dollars, for luxury items and legal fees for Wiederhorn and members of his family also raised red flags. 

In December, the FBI raided the home of Wiederhorn’s son Thayer and daughter-in-law Brooke, whose mother Kim Richards appeared on the Real Housewives of Beverly Hills television show.  The purpose of this investigation is to determine whether there is enough evidence to charge Wiederhorn with a federal crime such as wire fraud or tax evasion.  Even if Wiederhorn gets criminal charges, he will have the presumption of innocence until he enters a guilty plea or is convicted at a jury trial.

Contact the Manshoory Law Group About Federal Financial Crimes Defense

A Los Angeles criminal defense lawyer can help you if you are facing charges for tax evasion, wire fraud, money laundering, or another financial crime.  Your initial consultation is always free, so contact us at the Manshoory Law Group in Los Angeles, California, or call (877)977-7750 to discuss your case.

Six California Defendants Plead Guilty After Purchasing Luxury Items With Fraudulently Obtained Credit Cards

Feb 8, 2022

Many cases of identity theft involve defendants stealing victims’ personal identifying information and obtaining credit cards in the victims’ names.  If anything, credit card companies are overly eager to flag individual purchases as fraudulent, but they are less skilled at telling whether or not they should issue a credit card to the person on the other end of the phone line or web portal. 

No sooner do you swipe your card at Chateau Marmont, when Master Card sends you a text message that might as well say, “Are you sure that was you?  You seem more like an In-N-Out Burger kind of guy.”  Even though credit card fraud is one of the easier crimes to pull off, it does not mean that the legal consequences for it are not serious.  If you are being accused of making unauthorized purchases by using someone else’s personal identifying information, contact a Los Angeles identity theft lawyer.

Court Orders “Million Dollar” Jones to Pay More Than Half That Amount in Restitution

Beginning in November 2016, Trace Jevon Jones, who goes by the nickname “Million Dollar” began to obtain people’s credit card information, although news sources and the Department of Justice website do not indicate how he did this.  Jones and five co-conspirators would contact American Express and impersonate the cardholders, claiming to need replacement cards.  When American Express issued them replacement cards, they bought luxury items such as handbags, jewelry, and shoes from Los Angeles area stores such as Barneys, Gucci, and Goyard.

By 2019, the FBI had uncovered the scheme, and when officers arrested Jones in downtown Los Angeles, he was experiencing homelessness.  Jones pleaded guilty in September 2020 to aggravated identity theft and conspiracy to commit bank fraud. 

As of February 2022, five of the six defendants have received sentences:

• Jones, 33, was sentenced to 48 months in federal prison.  He must also pay $521,128 in restitution to American Express, which reimbursed its customers for the defendants’ fraudulent purchases.
• Terry Ellis, Jr., 40, of Chino, was sentenced to two years in federal prison.
• Davion Raymone Ellis, 32, of Eastvale, was sentenced to three years in federal prison.
• Cherelle Daire Beal, 31, of Eastvale, was released from jail after receiving credit for time served and is now serving a three-year sentence of supervised release.
• Miranda Clare Hensley, 31, of Las Vegas, received the same sentence as Beal.
• Jonathan Randall Ross, 33, of Canoga Park, has yet to receive a sentence.

News outlets did not include any details about the role of each co-conspirator in the case or about any plea deals or other circumstances that could have led to the variety in their sentences.

Contact the Manshoory Law Group About Financial Crimes Defense

A Los Angeles criminal defense lawyer can help you if you are facing criminal charges for identity theft, credit card fraud, or another financial crime.  Your initial consultation is always free, so contact us at the Manshoory Law Group in Los Angeles, California, or call (877)977-7750 to discuss your case.

Can a Plea Deal Turn a Drug Trafficking Charge Into a Simple Possession Charge?

Jan 27, 2022

More than half of defendants in criminal cases plead guilty to their charges, and if you have never been formally accused of a crime, you might wonder why so many people plead guilty.  Cases where defendants plead guilty to crimes they did not commit happen much more often than you might imagine.  In some cases, defendants plead guilty because police, prosecutors, or even public defenders bully them into it, such as by convincing them that the jury will never believe them even if they tell the truth or that the judge will never allow the defendant’s attorney to present evidence that indicates the defendant’s innocence, or at least casts doubt about the defendant’s guilt.  In other instances, though, a defendant pleads guilty to a crime, because the crime they actually committed is even worse, and through a plea deal, the prosecution agrees to drop other charges if the defendant pleads guilty to the lesser crime.  Likewise, the sentences tend to be lighter in cases where defendants plead guilty than those where they are convicted at trial.  If you have been offered a plea deal for a drug offense, or if you want to know if it is possible to seek one, contact a Los Angeles drug crimes defense lawyer.

Victorville Man Gets Plea Deal After Drug Bust

In December 2021, Ismael Barbosa was staying at the Extended Studio Hotel at Victorville, and police began to suspect that he was selling drugs out of his hotel room.  ON December 22, police executed a search warrant of Barbosa’s room, and they found two firearms without serial numbers, as well as fentanyl, methamphetamine, ammunition, drug packaging materials, and large amounts of cash.  Barbosa was not in his room at the time; he was out driving, and police pulled his car over at a traffic stop and arrested him.

After the arrest, prosecutors charged Barbosa with transporting and selling controlled substances and possession of a firearm by a convicted felon. Barbosa pleaded not guilty to those charges, but after prosecutors offered him a plea deal, he withdrew his plea of not guilty.  In January 2022, he pleaded guilty to possession of a controlled substance while armed with a loaded firearm.  A judge sentenced him to two years of incarceration in the California Institution for Men in Chino.  Before entering the plea of no contest, Barbosa, 28, had been at the High Desert Detention Center in Adelanto.  The judge had set his bail amount at $150,000, but Barbosa did not post bail.  The Daily Press website did not specify when, if at any time during his sentence, Barbosa will become eligible for parole and whether the time he spent in jail before his sentencing will count toward his sentence.

Contact the Manshoory Law Group About Drug Crimes Defense

A Los Angeles criminal defense lawyer can help you if you are being accused of possessing or distributing controlled substances.  Your initial consultation is always free, so contact us at Manshoory Law Group in Los Angeles, California or call (877)977-7750 to discuss your case.