Why do attorneys/ lawyers and judges get to license themselves through a private club?

Question

I've heard the argument that their profession is so highly technical that only a fellow lawyer could understand it, but surgeons who preform live donor organ transplants which are also highly technical are licensed through the state the operated in, so I reject that argument, as well as the argument that the public doesn't understand that criminals need a defense and that people would seek to revoke the license of a lawyer that defended a particularly reprehensible criminal, this might have been the case years ago but after so many Grishom movies and novels and so many lawyer shows on tv I don't believe that argument either, so what is left?

State Bar is the State Bar Association. Association as in a private group or club you don't get your driver's licence through the Association of Motor Vehicles

Answer 1

Bar examinations in the United States are administered by government agencies of individual states, except for the patent bar, which is separately administered by the Office of Enrollment and Discipline of the United States Patent and Trademark Office.

In the United States, some states require bar association membership for all attorneys, while others do not.

Some state bar associations are operated by their respective state governments which make membership in their state's bar association a requirement to practice before that state's courts; such states are said to have a "mandatory" or "integrated bar."

In some places membership in a bar association is voluntary and in addition to any licensing that may be required by the state or the court system.

Answer 2

James is correct.

Most Bar Associations are run by the state, and membership is mandatory for any attorney who wants to be licensed to practice in that state. The fact that it is called an "Association" is not relevant. To practice law in those states, you must be a member of the bar, which is the same as being licensed by the state. That is why it is called an "integrated" bar.

Even those states that do not have an integrated bar still requires licensure through the state. In almost every state, the requirements are pretty much the same. Go to law school, graduate with a doctoral (professional) degree in law (JD), then take the state bar exam and the professional responsibility (ethics) exam. If you pass both, and if you meet the requirements for moral character review, then you may be licensed by the state. And almost every state requires state licensure to be able to practice law.

Lawyers may also join "private clubs" (county bar associations, non-integrated state bars, National Lawyers Guild, American Bar Association, etc.) but those private organizations do not provide licensure.

Answer 3

I am not sure where you are or what your state's rules are, but Lawyers are licensed by the state. In most states it's called the State Bar and lawyers have to take tests and pass and then can only practice law if they have that license (just like Drs.) and are bound by ethical obligations etc. and can lose their license if they don't comply with those rules.

Judges are a little different, they are elected officials (except federal judges who are in a whole different category). Judges can be appointed by a governor, but will have to run for election (either in 4 or 6 years depending on where you are). There are judicial councils which also keep an eye on the judges and can censure them etc. but that is made up of judges so I don't know if that is what you mean.

Bottom line, I don't think you have the right information (and trust me, don't trust Grisham novels for the ways lawyers do or don't do things in real life), but if I have missed something in your question or if where you are the state doesn't license attorneys let me know.

Answer 4

Each state licenses an attorney in the same way that physicians and others receive a state license. You are confusing this with the various county and state "bar" associations which are actually unions just like the AMA is actually a union. You can practice as an attorney or a physician after passing the licensing requirements and you do not have to join the "union" (any of the state and local bar associations)

Answer 5

Well, Grim above is right. But the real reason is that we made the rules. That's right, the overwhelmong majority of legislators are lawyers and the ones who aren't have lawyers advising them. Our game. our rules. You don't like it? Tough on you.

However, all states have procedures for people to complain about the conduct of a lawyer, for reviews of attorney and judicial conduct, and for removing lawyers and judges who violate those rules. So, I don't know exactly what you think we're getting away with.