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Topic: online law school and not working in Ca (Read 5950 times) |
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Isaac
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Posts: 3472
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Re: online law school and not working in Ca
« Reply #5 on: Feb 21st, 2007, 11:53am » |
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on Feb 21st, 2007, 10:11am, LF wrote:| Has anyone on this board done it? If I understand the California rules, you can only sit for the exam in California, and no matter how long you practice in CA, you would not be allowed to sit for the bar anywhere else. Correct? |
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California rules don't prevent other states from admitting you to practice in those states with a JD from Concord. Each state makes its own call on that. However, many states (read most but not all) won't allow you to take the bar exam or admit you to practice with a degree from a correspondence school. If you're interested in the exceptions you'll have to pick a state and look at the requirements for admission.
Quote:| (But would allow Trademark/Copyright in front of the USPTO regardless of what state you live in?). |
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Copyright law is not practiced before the USPTO. The practice of copyright law is subject to state UPL laws.
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| « Last Edit: Feb 21st, 2007, 1:21pm by Isaac » |
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Isaac
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Sako
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Re: online law school and not working in Ca
« Reply #6 on: Feb 27th, 2007, 8:16am » |
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on Feb 21st, 2007, 10:11am, LF wrote:Ah, the mail Law school saga!
I am an Agent and considering signing up for Concord, figuring that in four years I would then be able to pick up some of that Copyright trade.
Has anyone on this board done it? If I understand the California rules, you can only sit for the exam in California, and no matter how long you practice in CA, you would not be allowed to sit for the bar anywhere else. Correct?
From the posting above, that would not allow you to do any litigation work outside CA? (But would allow Trademark/Copyright in front of the USPTO regardless of what state you live in?).
LF |
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I believe both Wisconsin and Vermont will allow you to sit for their bar exams immediately after you pass the CA bar. I know that several other states will allow you to sit for their bar exams after you practice in CA for 5-7 years. I believe that NY strictly forbids a correspondence school degree from ever sitting for their bar.
I'm not sure how that affects patent since that is a federal area.
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Isaac
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Posts: 3472
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Re: online law school and not working in Ca
« Reply #7 on: Feb 27th, 2007, 9:23am » |
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on Feb 27th, 2007, 8:16am, Sako wrote:| I'm not sure how that affects patent since that is a federal area. |
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A patent attorney could do at least everything a patent agent can do.
The question is not whether a particular area is federal, but whether there is federal law (including statutes and federal agency regulations) authorizing individuals practice in the particular area. If so, then that federal law is supreme over state UPL laws. For example, federal law allows any attorney and some non attorneys to represent clients in certain immigration, tax, and social security agency proceedings, and authorizes registered patent attorneys and agents to represent clients in proceedings before the patent office. States cannot circumvent federal law to put a kibosh on federally authorized practice. However there is no federal law authorizing patent attorneys to do patent licensing, to practice copyright law, or to do trademark litigation and state law generally does regulate practice in those areas.
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Isaac
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LF
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Posts: 112
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Re: online law school and not working in Ca
« Reply #8 on: Feb 28th, 2007, 11:43am » |
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Sako/Isaac:
Thanks for the input.
Isaac, the USPTO requires you to be a lawyer to do Trademark work (other than for yourself, of course), so if one is admitted to practice only in California, can you apply for a Trademark for a customer with offices in Texas?
The ABA has a nice brochure outlining who allows what. Based on the number of "correspondence" schools, sounds as if California is the way to go. What I am trying to do, is to be able to expand my patent prosecution practice to include some simple Copyrighting/Trademark, instead of having to "farm out" to lawyers.
So assuming I go that route, does anyone know what it takes to stay "admitted" to the bar in California? Do you have to reside in the state, or can you just have an office. I'll be asking the CA people, but figured if anyone knows, saves me the e-mail.
My real preference is for Texas, has anyone been admitted to the bar in TX through a "distance learning" school?
LF
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Isaac
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Re: online law school and not working in Ca
« Reply #9 on: Feb 28th, 2007, 1:13pm » |
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on Feb 28th, 2007, 11:43am, LF wrote:| What I am trying to do, is to be able to expand my patent prosecution practice to include some simple Copyrighting/Trademark, instead of having to "farm out" to lawyers. |
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If you were in Texas, I don't understand how your CA license would allow you to practice copyright law there. At least arguably any licensed attorney can practice federal trademark law before the patent office, but at least some states have UPL laws suggesting otherwise on the basis that you need to practice at least some state law to do a competent job. See NC for instance. I am not familiar specifically with how CA and TX do things.
Quote:| So assuming I go that route, does anyone know what it takes to stay "admitted" to the bar in California? Do you have to reside in the state, or can you just have an office. I'll be asking the CA people, but figured if anyone knows, saves me the e-mail. |
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No residence or office in CA would be required. You have to pay your annual dues and keep current on the CA CLE requirements.
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Isaac
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