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Written by Stacey Scorza
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Sunday, 18 November 2007 11:48 |
As I am sure most of you know, a bar association is quite simply a professional body of lawyers. Some bar associations are dedicated to serving their members while others are responsible for regulating the legal profession in that particular jurisdiction. What you might not be aware of is that there are two types of bar associations; those that are mandatory (a.k.a. integrated or unified), and those that are voluntary. It is important to recognize the difference between each type so you are aware of both their offerings and what is required of you as a practicing lawyer in a given jurisdiction.
Mandatory bar associations: These are the most common type of bar associations, having a mandatory membership requirement through an order of the state’s Supreme Court that can be revoked or cancelled at any time at the court's discretion. California, for example, has even gone so far as to write the State Bar of California into its constitution.
Voluntary bar associations: A voluntary bar association is a private organization of lawyers that chooses for itself what it’s mission will be, whether that be providing educational seminars or social events or both. The main difference from mandatory bar associations is that they do not regulate the practice of law or admit lawyers to practice. Many voluntary bar associations are organized by city, county, or community such as professional interest groups.
Student bar associations: While you are in law school, you will no doubt become familiar with the Student bar association at your school, a.k.a. the SBA. SBA’s exist at most US law schools and fulfill various functions including acting as the student body government. Depending on where you go to school, the SBA is more or less active in terms of organizing guest speakers, social events, and other gatherings. However, it is always a great place for you to start getting involved in your local legal community. It gives you more face time with the law school administration and will get your name out into the student body, which is great for networking later on in your career.
Regardless of whether your state has a mandatory or voluntary bar association, you must also familiarize yourself with the Mandatory Continuing Legal Education (MCLE) requirements of your jurisdiction. There are 43 jurisdictions in the US that require lawyers to take annual MCLE courses. These states typically have a scale of hourly requirements depending on how long you have been practicing law.
Most of you have probably had the thought cross your mind that you don’t need to worry or think about state MCLE offerings until you have graduated. Although this may be technically true, you will be missing out on a great opportunity to network and to start learning the practical lawyering skills that you are not taught in law school. I recently attended an MCLE (Massachusetts Continuing Legal Education) seminar in Massachusetts where continuing legal education is not a requirement to practice in the state. I spent several hours with a panel of distinguished judges and lawyers who offered valuable information regarding the district courts in the state. This included procedural information, suggested strategic tips, and insight on the best time of day to reach the clerks by phone. The latter turned out to be a very useful tip; for those who are not yet working in the legal profession, you will soon find that it is always good to have an amicable relationship with the court clerks!
You will also find that state bar associations are generally divided into smaller “sections” that focus on different areas of law. They may print publications or host lectures in that particular area. Often, a section will sponsor certain MCLE courses and seminars. You will find that membership in the sponsoring sections can result in a discount on course fees. There are usually law student and paralegal discounts as well. I recently attended a full day seminar where they even gave us a complimentary free entry into a legal technology exposition. The legal exposition voucher alone made the initial seminar’s tuition pay for itself.
Staying active in your local bar association and participating in MCLE course offerings will benefit you professionally for many different reasons. Keep in mind that the legal profession is a service industry. It can only help to have a broad network of legal professionals who are also interested in keeping up to date on the most recent case law and the most recent local rules. So don’t be discouraged thinking that bar associations and MCLE courses are a chore that you must endure as a result of your chosen profession. Instead, try to look at them as necessary and beneficial building blocks to your long and successful legal career.
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