as a graduate of ABA approved law school with a disability is there
any waiver of Bar exam or for law teaching or military service on
Federal Bar,Patent Bar or in  US Territories or any exception or
exemption at all.Please advise me.

---

Request for Question Clarification by justaskscott-ga on 04 Sep 2002 23:38 PDT

Let me rephrase this, so that I and the other researchers can be clear
on what you want in your answer.  You are a graduate of an ABA
approved law school, and you have a disability.  You want to see if
there is a waiver of the bar exam for the federal bar, the patent bar,
or the bar in U.S. territories, based on either disability, law
teaching, military service, or any other exception or exemption.  Is
that correct?

Do you need an answer with respect to the federal bar, the patent bar,
AND every U.S. territory?  Or would an answer with respect to just one
of these bars be sufficient?

Do you need an answer with respect to every potential exemption you
have mentioned (disability, law teaching, military service, AND
other)?  Or, as above, would an answer with respect to just one of
these grounds be sufficient?

Also, if you don't mind my asking, what is your disability?  It may be
relevant to the answer.

Lastly, have you actually served in the military, and if so, do you
still have a connection to the military (such as reserve status)?  I
presume that you would have to wait (and hope that the rules don't
change) to take advantage of an exception relating to law teaching;
but I figure that it's worth knowing whether you could invoke a
military exception now.

---

Clarification of Question by squam-ga on 05 Sep 2002 21:07 PDT

1st parag. correct,2nd parag.all,3rd parag.(A)Disability,(B)Adjunct
law teacher  ,(C)Va. Dept. of Military Affairs(Va.Defense Force-Staff
Judge Advocate)4th parag. stroke,5th parag.-see above(National Guard
Reserves),alsocheck us state bar exemption/waiver.I am permanently
disabled with stroke from former position but wish to become bar
member. I have taught Adjunct law at UVA and UofR Continuing education
and currently serve as Staff Judge Advocate in National Guard
Reserves(Va.Defense Force)Va. Dept. of Military Affairs). Thank you.

I should point out at the outset that as a Researcher, I cannot
provide legal advice.  I am not a lawyer in any of these
jurisdictions.  I can only provide the information that I have found
-- as a member of the general public, not a lawyer -- with respect to
the bar requirements of these jurisdictions.  I would suggest that you
read the rules, rather than rely on my summary of them, and seek
advice from counsel in those jurisdictions if you need an expert legal
interpretation.

Unfortunately, it appears that the answer to your initial question is
no, with a possible limited exception for the Northern Mariana
Islands.  However, there is a  possibility that you can seek a waiver
in some states.

I am unaware of a general federal bar examination.  There are federal
bar examinations in at least some states; if you have one in mind, I
can post a follow-up on whether the rules might permit a waiver.

As to the patent bar, it appears that the only potential waiver is for
former employees of the United States Patent and Trademark Office.

"Office of Enrollment and Discipline"
United States Patent and Trademark Office
http://www.uspto.gov/web/offices/dcom/olia/oed/index.html (click on
"General Requirements Bulletin (posted April 05, 2002)" in order to
download pdf file)

The American Bar Association has published a "Comprehensive Guide to
Bar Admission Requirements, 2002 Edition", which is available online
at http://www.abanet.org/legaled/publications/compguide/compguide.html
.  (Thanks to Researcher weisstho-ga for pointing out this source.) 
If you click on Chart 10,  you'll find a pdf file on "Admission on
Motion".

The bottom of the first page of this chart indicates that none of the
territories allow for admission on motion on the grounds you have
described.  (Palau, which is listed there, is independent from the
United States, so I will not discuss it.)

The Northern Marianas, however, does allow for admission on motion for
attorneys who will work for the government, as noted on the second
page of the chart.  I cannot determine whether this means that the
applicant must be an attorney already, as in the U.S. Virgin Islands
(see below).  The Commonwealth Rules of Admission of the Commonwealth
Supreme Court do not appear to be available online; they are available
for purchase.  (I presume that they would also be available in  larger
law libraries.)

"Commonwealth Court Rules"
Commonwealth Law Revision Commission
http://cnmilaw.org/htmlpage/hpg12.htm

"Commonwealth Law Revision Commission Legal Publication"
Commonwealth Law Revision Commission
http://cnmilaw.org/htmlpage/hpg14.htm

The rules for Guam, the U.S. Virgin Islands, and Puerto Rico are
online, and none seem to permit waiver in your circumstances.  In
Guam, Part D of the Rules Governing Admission to the Practice of Law
provides for temporary admission of certain government attorneys. 
Similarly, in the U.S. Virgin Islands, employees of certain government
agencies who are admitted in another jurisdiction may be specially
admitted to practice on behalf of their agency.  Puerto Rico,
meanwhile, does not seem to allow any exception to the bar examination
requirement.

"Rules Governing Admission to the Practice of Law"
Supreme Court of Guam
http://www.justice.gov.gu/supreme/http://www.justice.gov.gu/supreme/BOLE/RulesGoverningAdmission11-01-01.htm

"Special Admission" [Rule 302 of the Territorial Court Rules]
The VI Bar Herald
http://new.onepaper.com/vibarherald/?v=d&i=&s=Law+Students:VI+Bar+Admission&p=49097

"Junta Examinadora de Aspirantes al Ejercicio de la Abogacia: Rule 2:
Applicants"
Tribunal Supremo de Puerto Rico
http://www.tribunalpr.org/english/rules/rule02.html.

The chart on "Admission on Motion" from the American Bar Association,
described earlier, also summarizes the rules for the states.  On the
first page of the chart, several states are listed as authorizing
admission on motion after a certain number of years of law teaching,
military practice, or other types of practice.  (The chart does not
include an exemption for disability, and I have not found anything but
accommodations for disabilities, rather than exemptions.  My
supposition is that the states do not see a disability as equivalent
to alternative law practice; a disability does not make someone more
(or less) fit to practice law, while alternative law practice might.)

You should check the rules of the particular state to see what the
precise requirements for admission without examination are.  For
example, in Virginia, the military exception is set forth under "2.
Minimum Period of Active Law Practice,", in the context of the
"Threshold Requirements" of the admission on motion guidelines.

"Guidelines for Applicants for Admission to Virginia Bar Pursuant to
Rules of the
Supreme Court of Virginia 1A:1", Virginia Supreme Court, June 11, 1999
Virginia Board of Bar Examiners
http://www.vbbe.state.va.us/guidelines.html

I hope that this information is helpful.

- justaskscott-ga


Search terms used on Google:

federal, patent, mariana[s], guam, "virgin islands", "puerto rico"
[in various combinations with]
bar, "bar exam", "bar examination", court, courts, "supreme court",
motion, "admission on motion"

disability, disabled
[in combinations with]
exempt, exempted, exemption, waiver
[in combinations with]
"bar examination"

---

Clarification of Answer by justaskscott-ga on 06 Sep 2002 00:55 PDT

The link for Guam should actually be
http://www.justice.gov.gu/supreme/BOLE/RulesGoverningAdmission11-01-01.htm

you might consider trying the words - excuse, excused, "from taking"
as well.

See

http://www.crossingthebar.com/admission_rules.htm

Gives much greater depth as to what specific exemptions are allowed by
State,  your best bet will be via 'legal aid',

ie delaware

http://www.crossingthebar.com/DE-Admission.htm

guam

http://www.crossingthebar.com/GU-Admission.htm

I've checked them all up to Idaho (can read more if needed, but I'm
not an official search...)

LetterRip

Here is the text from the delaware summary I mentioned above,

"Attorneys admitted to practice in other jurisdictions or graduates of
law schools prescribed in Rule 52(a)(5) who are employed by or
associated with the office of Community Legal Aid Society, Inc., the
office of the Department of Justice of the State of Delaware, the
office of City Solicitor of the City of Wilmington, the office of the
Public Defender of the State of Delaware or attorneys who are admitted
to practice in other jurisdictions and are associated with a legal
assistance program approved or recognized by the Board may, in the
discretion of the Board, be permitted to practice in the courts and
administrative tribunals of this State in matters involving such
office or the clients of such program. The requirements,
qualifications and procedures for such permission shall be set forth
in the Rules of the Board."

LetterRip

Something less suited to your needs would be a temporary permit

ie

http://www.crossingthebar.com/KS-Admission.htm

"Any applicant for admission to the bar upon written examination who
is otherwise qualified for admission, may file with the Clerk of the
Appellate Courts a request for a temporary permit to practice law. The
request must be accompanied by a written statement from an attorney
actively engaged in the practice of law in Kansas that such attorney
will supervise and be responsible for the acts of the applicant during
the period covered by the temporary certificate. If the Supreme Court
shall find that the circumstances are such to justify it, a temporary
permit may be granted, expiring at the date the results of the
examination are announced, if unsuccessful, or, if successful, on the
date the applicant is regularly admitted to the bar. The temporary
permit shall be effective upon the applicant's taking an oath to
support the Constitution of the United States and the Constitution of
the State of Kansas, and to conform to the oath prescribed by Rule
704(i)."

Other potential states are

http://www.crossingthebar.com/MA-Admission.htm
(However you'll need to be enrolled in a graduate law program related
to such work...)

Or for a very limited practice

http://www.crossingthebar.com/MD-Admission.htm

"Maryland also has an unlawful practice of law statute that permits
nonlawyers, including out-of-state lawyers, to appear for tenants in
summary ejectment proceedings in Maryland District Courts in certain
circumstances. §10-206 of the Business Occupations and Professions
Article of the Maryland Code contains a number of exceptions to the
prohibitions contained in §10-601 and 602 (go to Maryland at UPL for
more information about these statutes and for full text of §10-206),
including:"

http://www.crossingthebar.com/NY-Admission.htm
To serve in a 'law related capacity'
"The Appellate Division of New York's Third Judicial Department has a
rule authorizing law school graduates to engage in certain law related
activities without having to take and pass the New York bar
examination. See NYCRR § 805.5."

I''ve gone up to the Mariarna Islands, so there may be others of
interest...

LetterRip

CrossingtheBar.com does seem to be a good resource to supplement my
answer.   You might start at http://www.crossingthebar.com/toc.htm to
get an overview of the site.  You can go to
http://www.crossingthebar.com/ad-quickreference.htm for a chart, or
click on the jurisdictions at
http://www.crossingthebar.com/admission_rules.htm for summaries of
state rules for admission without full examination, including some
excerpts from the rules.  (As noted in my answer, I recommend reading
the admission rules from the jurisdictions you are interested in,
rather than relying entirely on summaries, and asking a lawyer in the
relevant jurisdiction if you need professional interpretation.)

Have you considered alternatives to direct legal practice? Some
administrative agencies allow non-lawyers to represent clients -
including, as of the last time I checked, the IRS (permitting
"Enrolled Agents" to represent taxpayers at hearings) and the Social
Security Administration.

The ABA published a book on alternative careers for lawyers, which I
purchased for a friend a couple of years ago. It looked pretty good,
although I did not read it before I gave it to him. Nonlegal Careers
for Lawyers, Third Edition, by William D. Henslee and Gary A Munneke,
ABA Press (1994).
http://www.abanet.org/webapp/wcs/stores/servlet/ProductDisplay?productId=-10755&categoryId=-3724