Tuesday, September 10, 2013

Post-Bar Taker Limbo. What do I call myself?

I'm back in the swing of things after sitting for July 2013 Bar Exam. In the weeks after the bar, one thing I've realized as a post-law school, post-bar taker is that describing your current status to people you meet is pretty challenging. The not-quite-a-lawyer but already-graduated-law-school is a mouth full to explain in casual conversation and most bar-takers are undoubtedly met with many comments along the lines of "you definitely passed." Law School Graduate, Post-3L, J.D., however you put it, I am in post-bar limbo with many across the nation as we are anxiously awaiting the results. Most law school graduates take the July bar exam in the state they'd like to practice after graduating in May, but the waiting period for bar exam results can range from one month to six months depending on the state and the number of takers.

Unsure of what to call themselves, many begin to list their occupation as an attorney. During the waiting period, recent law school grads and post-bar takers should tread lightly in how they describe themselves in order to not run afoul of the Professional Rules of Conduct. 

According to the ABA Model Rules of Professional Conduct Rule 7.1 prohibits false or misleading communication including material misrepresentations of fact or law. Attorney-hopefuls may violate this rule simply by updating their LinkedIn profile to indicate they are an attorney prior to receiving their bar results. 

In 2006, Above the Law discussed how Author, and Yale Law School Graduate, Elizabeth Wurtzel who stated in an interview with  BitterLawyer.com how much she enjoyed being a lawyer. The problem was that at the time, she hadn't yet passed the bar exam. Her statements were the topic of discussion regarding post-bar titles for law school graduates on Gawker.com. The ABA also published an article in 2009 discussing law school graduates who haven't yet passed the bar but are using the title attorney. Interestingly, the article point out that others who misuse titles include "lawyers who are on inactive status or licensed only in another state, and lawyers engaged in a business or profession other than the practice of law."

A simple word of caution to those who are in limbo waiting for bar exam results, be patient. I understand your are ready for your legal career to officially begin but be careful to not hold yourself out as an attorney until its official or you'll find yourself in front of an ethics committee even before your swearing in ceremony. For now, refer to yourself as a Post-Bar J.D. or something similar, and be patient, when the bar exam results come back you can shout it from the rooftops that you are an attorney. 

** UPDATE: I want to be clear that, unfortunately, even after receiving bar results you should not present yourself as an attorney until you have been officially sworn in at your licencing ceremony. It would still be a violation of the ethical rules until the official ceremony occurs. 

1 comment:

  1. That’s pretty interesting for me. But I haven’t taken the bar test yet but will be sitting in this exam in next year. I was just feeling very nervous because not able to start studying. Do you think that any New York Bar Exam Course would be useful? I am very much interested in that course.

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