Saturday, May 03, 2014

"Access to Justice" Topic Added to Mass. Bar Exam-Amendment to Board of Bar Examiners Rule III

On April 25, 2014, the Supreme Judicial Court approved the amendment to Board of Bar Examiners Rule III, effective July 1, 2016.

Rule III.  Subjects under rule 3:01, §3:

"Applicants will be expected to be familiar with the law in the following fields:

         Access to Justice*                             Federal Rules of Civil Procedure
         Agency                                              Massachusetts Rules of Civil Procedure
         Business Organizations                     Professional Responsibility
         Constitutional Law                             Real Property (including Mortgages)
         Contracts                                           Torts
         Criminal Law                                     Trusts
         Descent & Distribution of Estates      Unfair or Deceptive Practices (G.L. c. 93A)
         Domestic Relations                            Uniform Commercial Code (articles 1-9)
         Evidence (including Federal Rules)    Wills
         Federal Jurisdiction

The examination will be conducted in part by written questions to be answered in writing and in part by printed questions to be answered by selections from answers submitted.

*The law to be tested in the field of Access to Justice may include the following topics: Landlord-Tenant, including evictions, affirmative defenses and counterclaims, and fee-shifting statutes; Foreclosures; Divorce, including child custody, support, visitation; Termination of Parental Rights; Domestic Abuse; Guardianship and Conservatorship; Consumer Matters, including debt collection, predatory lending and unfair or deceptive practices; Health Care Proxies, Power of Attorney, Advance Directives; Due Process doctrines related to fair hearings, civil commitment and civil right to counsel; Representation of nonprofit organizations; and Ethical rules including Massachusetts Rules of Professional Responsibility 1.2, 1.5, 1.14, 1.15, 4.3, 6.1, 6.5 and Limited Assistance Representation."

For further information on this amendment, see Notice of Approval.