New Jersey considers harms of admission by motion; is ban protectionist?
A proposal to allow out-of-state lawyers to practice in New Jersey without taking the bar exam is raising concern that the change would harm in-state lawyers and the public.
The proposal would allow out-of-state lawyers to be admitted to the New Jersey bar if they have practiced law a minimum number of years and take a course on New Jersey ethics rules, the New Jersey Law Journal reports. New Jersey is among eight states that still bar admission by motion.
The proposal has rekindled a debate on whether the admission ban is intended to protect the public or lawyers, the story says.
Opponents say changing the rule could allow admission of out-of-state lawyers who aren’t bound by New Jersey’s strict advertising rules, giving out-of-state lawyers an advantage and possibly harming consumers. Another argument against the rule change is that New Jersey lawyers hit by the recession would be further harmed by an influx of out-of-state lawyers.
Proponents say the additional competition will benefit the public, who are likely to see reduced rates for legal services.
