Reading Comprehension & Law

September 11, 2013
/ Author: Rick

There are those who argue that California’s bar examination — the exam that one has to take and pass in order to be eligible to be an attorney — is one of the toughest in the nation.

Aside from taking that exam, and seeing for yourself that the claims of its difficulty are more than largely exaggerated, you could pass it, start practicing criminal defense, and run up against prosecutors who are quite literally incapable of reading. Then you really understand: any lack of reading comprehension is not a bar to becoming a lawyer, and going to work for the government.

What else do I need to say?


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  1. Ernie Menard says:

    If you return to court and the judge states that he/she must review the law and will make a decision at some later time, will you be surprised?

    I’m serious about this. I’m wondering whether you have an anticipation that your memorandums are actually read and considered by the judge prior to an appearance on the issue.

    1. The judge was actually already in agreement with us (the defense attorneys all had the same MPC calculation). It was the DDA who was balking, stating at first that she agreed with the Probation Officer (who, it should be noted, is not a lawyer), and then, after our production of the code section notes and citation of case law, stating she was uncertain and needed time.

      The next morning, when we returned, there was no objection from anyone, and we moved forward with the agreement. The court noted that it had seen and read my brief, and thanked me for it.

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