Author: TSA Press

Three years ago, in July 2016, New York administered the Uniform Bar Exam (UBE) for the first time. Back then, when bar exam results were plummeting and seemed only to get worse and worse each year, this was viewed as a welcome reprieve to the madness. After all, New York’s former exam was once known as one of the most difficult to pass in the country, but the UBE reportedly offered an “easier” way out for both improved pass rates and law license portability.

But did New York’s transition to the UBE actually help improve test-takers’ performance on the exam?

According to the results of a new study by the National Conference of Bar Examiners (NCBE), the answer seems to be no. Before we get into the results, here’s some information on the methodology that was used.

The NCBE study looked at performance on the bar exam in New York between July 2015 and July 2017, a time when pass rates increased marginally, examining performance on the bar exam by race, ethnicity, gender, and other background characteristics. The NCBE Research Department also considered how test-takers’ performance in undergraduate education, law school, and the LSAT correlated with their results on the bar exam.

So, what helped law school graduates improve their pass rates on the exam? Here’s a relevant excerpt from the study’s executive summary: “This is not to say that the pattern was perfect, but background characteristics certainly explained at least a portion of the improvement in bar exam scores after UBE adoption, indicating that improvement in bar exam scores was likely not due to the UBE.”

Here are some additional interpretive nuggets from the study:

• “[B]ackground characteristics are critical to consider when interpreting fluctuations in bar exam performance across administrations, specifically before and after UBE adoption in New York. We don’t have data to indicate precisely why background characteristics shifted, only that they did.”

• “The observed positive relationships between background characteristics and bar exam performance were consistent with prior research. Specifically, LGPA had the strongest relationship with bar exam scores, followed by LSAT scores and UGPAs.”

• “[P]erformance on the New York bar exam before UBE adoption was lower than performance after UBE adoption, however, these differences were largely due to differences in background characteristics of candidates taking the bar exam in New York rather than to the UBE.”

The NCBE won’t come right out and say it, but we will: Bar pass rates started to improve after law schools stopped accepting anyone and everyone, or at least lessened the extent to which they were doing so. As law school application and enrollment statistics started to level off or even slightly increase, there was no longer an excuse to keep admitting students whose performance and success on the bar exam would be questionable at best.

Now that the law school enrollment crisis of the past has been averted, hopefully future bar exam pass rates will rise with the improved background characteristics of students entering law school. After all, we must make sure that those who bet their lives and careers on a legal education don’t wind up in a worse position than what they started with in the first place.

Impact of Adoption of the Uniform Bar Examination in New York [NCBE Research Department]
NY’s Transition to Uniform Bar Exam Had Little Impact on Test Performance, Report Finds [New York Law Journal]

---

Staci Zaretsky is a senior editor at Above the Law, where she’s worked since 2011. She’d love to hear from you, so please feel free to email her with any tips, questions, comments, or critiques. You can follow her on Twitter or connect with her on LinkedIn.

Whether you’re returning to school, taking your kids to school, or missing how smart school made you feel, Legal Talk Network has the perfect podcasts to both educate and entertain. This month’s episodes include industry advice for solos and law students, explorations about diversity in the law, marketing tips, and a glimpse at the potential future of the legal industry. As a bonus, tune into Legal Talk Network’s conference coverage for conversations with notable guests like the co-founders of Fastcase and ABA President Bob Carlson. So grab your notebook and pen and take note of the wealth of legal knowledge you will find in these legal podcast episodes.

Fairness and Equality: The Current Landscape of Antidiscrimination Law

What is fairness and does it really call for everyone to be treated the same? Kimberly Yuracko uses her extensive research on gender equality to discuss current social issues and how laws surrounding these matters are changing.

The Unconference—A Viable Conference Alternative?

There are so many benefits to attending a conference but could the unconference replace traditional conference structures? Tune in to hear about the different types of unconference approaches and the pros and cons of these more informal, interactive events.

Scaling While Solo, with Erin Gerstenzang

Criminal defense attorney Erin Gerstenzang discusses how her firm has evolved, shares her vision for scaling her solo practice, and what success looks like. She also expands on the potential challenges that come with growth.

Would You Rather? But Legal

Joe Patrice and Elie Mystal answer all your random legal questions. They dive into a couple of hypothetical situations about the legal industry and discuss which path they’d rather take knowing what they know.

What Can You Do with Your Law Degree?

One of the biggest challenges for law students is honing in on opportunities that align with their personal and professional goals. Gaylynn Burroughs talks about her work at The Leadership Conference on Civil and Human Rights and ways law students can get involved in similar areas.

Why Feedback Matters

You want your clients to have the best experience possible, but how do you know if you’re delivering a good client experience? Tune in for information about why collecting, analyzing, and acting on feedback is an essential practice for law firms.

Website Accessibility and the ADA

In Robles, v. Domino Pizza LLC, a blind man filed a lawsuit against Domino’s after he was unable to order a custom pizza from the company’s website and mobile app. This episode looks at website accessibility litigation and how the ADA impacts these cases.

The Future of the Profession Crossfire Edition

Two opposing opinions weigh in about the future of the legal profession and attorney regulation. One side claims the industry needs to adapt to the rapidly changing economy while the other side argues these changes might undermine the quality of legal services.

How to train your expert

Working with an expert or expert witness comes with its own set of challenges. Author and attorney Janet S. Kole examines the complex issue of expert witnesses in her new book How to Train Your Expert: Making Your Client’s Case.

Taking Ownership of Your Legal Career

How much of your legal career is actually in the hands of other people? Kimberly Rice explains the basics of business for lawyers and gives concrete steps for developing a business owner mentality.

Conference Coverage

AALL 2019: Fastcase 20th Anniversary

From the floor of the 2019 AALL Annual Meeting & Convention, guest host Bob Ambrogi speaks to Ed Walters and Phil Rosenthal, co-founders of Fastcase, for this special episode celebrating the 20th anniversary of Fastcase.

ABA Annual Meeting 2019: A Chat With ABA President, Bob Carlson

ABA President Bob Carlson covers the four primary topics talked about during this year’s ABA Annual Meeting in San Francisco, including lawyer/law student wellness, immigration, pro bono, and membership benefits.

Zimbabwe has been battling a financial sector crisis that has occasioned pricing distortions and bottlenecks for companies and consumers alike. The situation, say some economists, has been exacerbated by the government’s ban on usage of foreign currencies for transactions.

This has seen the government enforce usage of the Zimbabwe dollar in the form of bond notes and coins, electronic and mobile money for all formal transactions.

In reality, however, foreign currencies such as the rand, US dollar and Botswana pula are still changing hands in the settlement of transactions.

With Bloomberg reporting on Tuesday that Zimbabwe’s treasury is set to introduce new Zimbabwe dollar notes to replace the bond notes, business bodies have said they are ready for the new notes as commerce companies are already trading in local currency after introduction of the Zim dollar on June 24 this year.

‘We are ready’

“Yes, we are ready for the new currency – we are supportive of government initiatives on monetary issues. Our members are already trading in Zim dollar (bond notes and electronic currency),” Christopher Mugaga, chief executive officer of the ZNCC, said by phone from Harare, the capital.

According to Bloomberg, quoting Ncube, Zimbabwe’s return to a fully functional local unit that has potential to be traded beyond the country’s borders will be underpinned by yet to be disclosed foreign exchange reserves, gold reserves and loans.

However, economist Masimba Manyanya is skeptical of this, saying in another August 20 interview that although Zimbabwe will ultimately require its own currency, the country is not yet ready for a substantive Zimdollar unit. According to data on various Zimbabwean banks’ websites, the Zimbabwean local currency is currently trading at around 1:10 against the Zimdollar.

“The Zimbabwean economy needs its own currency like elsewhere in the world. However, the issue with Zimbabwe is that the economy is not yet ready for a currency of its own, mainly because we do not have sufficient production locally,” Manyanya said.

The problem for the Finance Minister right now is how to ascertain and store value in the economy, added Manyanya, highlighting that a well-functioning industry would help stabilise introduction of a local currency.

“I suggest that Mthuli find ways to create and boost industry and production before moving to introduce a local currency. If you do not have the right frameworks in place, you may end up having a situation where you just have a valueless currency,” he said.

Zimbabwe abandoned its Zimbabwe dollar currency in 2009 and introduced a multiple currency regime. This was after record hyper-inflation ravaged the economy, leaving shop shelves empty and the economy struggling for stability.

Zimbabwe is set to introduce new notes and coins#ZimDollar #Zimbabwe pic.twitter.com/sfNDYnTrJX

— Zim Local (@zimlocals) August 20, 2019

Zimbabweans on social media have been ridiculing the introduction of the new Zim dollar notes, with twitter users saying the government will “bankrupt” the new unit.

Another Twitter user was fearful that re-introduction of substantive Zimdollar notes would lead to excessive printing of money.

Post published in: Business

Tanaka Urayai – Harare, Zimbabwe

Every morning the buzz at St Peter Claver Catholic Church in Mbare along Rakajani Street can easily be mistaken for a commercial entity.  Every day, over fifty men and women in branded work-suits assemble religiously to receive their orders before being carried off by 15 branded trucks. At the same time, forty young people in branded t-shirts armed with clipboards, questionnaires and pens are released into the Mbare community.

The challenge of two Jesuit priests

It all started in 2015 with thirty youths from two different organisations who came together on World Environment Day. They asked themselves what they could do for their community.

Challenged by their respective spiritual mentors, Fr Isaac Fernandes SJ and Fr Brian MacGarry SJ, the St. Peter Claver Catholic youths and the youths from ‘I Am Mbare,’ a local youth empowerment centre agreed to team-up and tackle the garbage in their society.  They resolved that their environmental project would be to clean up Mbare and rid it of its numerous dump-sites littered with all manner of garbage from decaying vegetables, maize husks, plastic and paper.

Cleaning-up is not a one-off activity

The clean-up endeavour had to be more than the usual once-in-a-blue-moon campaign. With this in mind, the youths committed to congregating every six weeks to clean their community, one rubbish dump at a time. They settled for ‘Team up 2 Clean up Mbare,’ by which name they are now affectionately known.

The movement grew from just thirty to over one hundred and fifty youths, comprising both local Mbare youths as well as those from other suburbs. With the numbers on their side, they decided to embark on complimentary projects that would sustain their waste management efforts. In 2017, they decided to build a bin-shed to house skip bins and contain the overflowing waste; and repurpose the largest dumpsite at Matererini into a children’s play centre. Many small children were anyway already playing at this unhealthy site.

Business houses and NGOs took notice

Inspired by what the young people were doing, a group of young professionals coalesced around this movement to form a trust that would do the necessary fundraising to see the venture through. With assistance from Jesuits who work in Mbare and many like-minded Non-Governmental entities which include but not limited to Justice for Children Trust, Plan International, The President’s Fund, and Battle of the Chefs, the youths together with the older  members of the community constructed the bin-shed and the Matapi-Matererini children’s play Centre in 2017.

Understanding society’s attitudes and habits

After numerous presentations of their concept-note to humanitarian and private sector organisations, the trust received formal partnership commitment from RioZim Foundation at the end of 2018. The Foundation, committed to partnering for sustainable waste management and other community support activities. They began by sponsoring a Mbare census and a mini waste management baseline survey. The aim of the exercise is to have an insight into the socio-economic situation and to understand the community’s attitudes and perceived role in waste management.

Opportunity does come dressed in overalls

In 2019, the trust received a waste collection and recycling franchise offer from ‘Clean City’, Econet’s waste management subsidiary whose main role has been to provide waste collection infrastructure and the technology to run a commercial, domestic refuse collection ventures. ‘Team Up 2 Clean Up Mbare’ is one of several franchisees.

What started as a voluntary youth association has gradually evolved into a Start-up business, thanks to the Clean City Franchise that now employs over 50 locals. As they say, sometimes ‘Opportunity is missed by most people because it is dressed in overalls and looks like work.’

As many people within the legal profession already know, numerous law firms offer associates a bonus for work that they bring into a firm.  Indeed, many shops award associates a percentage of any revenue from clients they originate, and this amount is usually 10 to 20 percent of all collections received from an associate’s clients.  However, a number of law firms do not provide associates with any reward if they bring in business, or merely assure attorneys that any business development will affect end-of-year bonus determinations.  Nevertheless, more law firms should offer origination bonuses to associates, since firms can increase their revenue through such initiatives and associates will be more motivated to grow professionally.

I first became aware of origination bonuses when I worked at my second job after graduating from law school.  During the interview process, the partners told me that the firm had an origination bonus program, and this really appealed to me.  In order to increase my income, I made sure to attend as many networking events as possible and cultivate my contacts so that I could originate business at the firm.

It took a while to bring in business, but over time, I originated a handful of clients that eventually accounted for six figures of revenue.  This was a decent amount of money to the small firm I worked at, and the business I originated helped keep people busy at the firm.  In addition, I stayed at that firm longer than most attorneys did, so that I could develop the business that I helped originate.  Furthermore, origination bonuses helped me develop skills and step outside my comfort zone in ways that I had not done earlier in my career. I am not sure if I would have felt confident starting my own firm if I did not have experiences with origination bonuses while working at this shop.

I later worked at a few different firms that did not have origination bonus programs.  Because the firms did not award additional compensation based on the work associates originated, I did not feel as compelled to bring in business.  In fact, none of the associates at those firms really originated business.  As a result, the firm was largely reliant on a handful of clients that were originated years ago by a few senior partners.

At one of my year-end reviews, I brought up the issue of origination bonuses when the partners opened the floor up to suggestions that could improve the firm.  The partners seemed hostile about implementing origination bonuses, and seemed peeved that I would bring up the topic.  The senior partner gave two reasons why the firm did not want to institute origination bonuses.  First, the senior partner said that origination bonuses could increase the firm’s malpractice liability, since matters originated by associates are usually outside of the firm’s wheelhouse.  Second, the senior partner said that origination bonuses could open the firm up to additional conflict-of-interest issues with our major clients.

I never found either of these arguments convincing.  Clients originated by associates would be vetted just like clients originated by partners, and simply instituting an origination bonus program does not mean that the firm needs to take every matter that comes our way.  In fact, if an associate bagged a juicy corporate client, neither of these reasons would likely be implicated.  The senior partner was honing in on a few past issues that had no bearing on origination bonus programs as a whole.

It seems like there are a few major reasons why firms do not institute origination bonuses.  Not to mince words, but the main reason is greed.  Partners sometimes do not want to share more of the firm’s revenues with associates than is absolutely necessary.  Indeed, one time earlier in my career, I was at a firm that did not have an established origination bonus program, and rather told associates any business would be considered during year-end bonus determinations.  One associate originated an extremely lucrative personal injury matter that eventually netted the firm a substantial amount of money.  That associate received absolutely nothing for the origination, and this example shows that some firms are simply unwilling to share extra revenue with associates.

Another major reason why firms do not have origination bonuses is because firms want to be in control of all of the money that is shared in a firm.  By instituting origination bonus programs, firms are less able to control how revenue is distributed, since money is provided to associates according to a calculation instead of the discretion of managers.  However, firms can establish programs that merely entitle associates to ten to twenty percent of the revenue from clients they originate so the lion’s share of revenue is still in the control of the firm.

Some might say that origination bonuses shouldn’t be necessary, and that associates should see business development as part of their job.  Indeed, some may argue that associates are not being team players if they only strive to originate business when there is something directly in it for them.  However, most associates are simply tasked with billing time to generate revenue, and developing business is not within their normal job description.  In addition, people should not denigrate associates for being motivated by making more money, and firms should try to incentivize associates accordingly.  Although firms may have to pay associates additional compensation with origination bonuses, the extra revenue and professional development opportunities are usually well worth the expense.

---

Jordan Rothman is the Managing Attorney of The Rothman Law Firm, a New Jersey and New York litigation boutique. He is also the founder of Student Debt Diaries, a website discussing how he paid off his student loans. You can reach Jordan through email at jrothman@rothmanlawyer.com.

* The House Ways and Means Committee has filed for summary judgment in its lawsuit against the Treasury Department and IRS over their refusal to turn over President Trump’s tax returns and has also asked the judge to consider the case on an expedited basis. [The Hill]

* Jones Day blasted plaintiffs in the new parental leave bias claims against the firm on social media, alleging that while one ignored “both the law and biology” to file suit, the other’s performance was “below expectations.” [American Lawyer]

* New York adopted the Uniform Bar Exam to make it a little easier for law school graduates to pass the test. Well, uh… that didn’t exactly work out as planned because the UBE had little to no impact on test performance. [New York Law Journal]

* This just in from the Seventh Circuit: In case you were wondering, there’s no such thing as a First Amendment right to lie on your bar applications. [Big Law Business]

* In case you missed it, lawyers for Adnan Syed, subject of the “Serial” podcast, have applied for certiorari before the Supreme Court, asking that the justices reverse a Maryland Court of Appeals ruling where he was refused a new trial. [CNN]

---

Staci Zaretsky is a senior editor at Above the Law, where she’s worked since 2011. She’d love to hear from you, so please feel free to email her with any tips, questions, comments, or critiques. You can follow her on Twitter or connect with her on LinkedIn.

The warning puts the IMF at odds with Finance Minister Mthuli Ncube, who said in an interview he’s in favor of boosting wages in both the public and private sectors to restore living standards and create consumer demand. Ncube is looking for ways to revive an economy that’s forecast to contract this year for the first time in a decade.

In the six years to 2016, Zimbabwe boosted pay for its about 400,000 civil servants to a level that makes up more than 90% of tax revenue, compared with 40% in 2010, said Patrick Imam, the IMF’s resident representative.

“The government wage bill is now on a sustainable footing,” he said in response to questions. “Looking ahead, it is crucial that public wage growth be aligned with economic growth and government revenue.”

In February, the government said a quasi-currency known as bond notes, and RTGS$ in their electronic form, would no longer trade at parity with the U.S. dollar and in June it reintroduced the Zimbabwe dollar, which it had abolished in 2009 after a bout of hyperinflation. It also banned the use of the American currency. The exchange rate is now about 10 to the U.S. dollar and the price of goods bought by middle class workers, such as civil servants, has risen in tandem as these are mostly imported. Officially annual inflation is at 176%, but some analysts estimate it’s as high as 570%.

The resulting economic hardship has spawned calls by the opposition for protests against plunging living standards.

Police violently dispersed demonstrators in the capital, Harare, on Friday, while a second planned rally in the second-biggest city of Bulawayo on Monday was banned by the government. More protests are planned in other cities this week. In Harare 128 people were arrested during the demonstration, according to human rights lawyers.

Having fired 3,000 workers from the public service, there’s limited room for the state to cut jobs further. Both the IMF and the government say that more health workers and teachers will be needed in coming years.

Austerity Measures

Ncube’s government has implemented harsh austerity measures, including regular hikes to fuel prices, in a bid to comply with an IMF Staff-Monitored Program seen as a precursor to getting debt relief that’s needed to restore the economy. It will also need to implement a series of political reforms to convince creditors to participate in any debt restructuring.

The IMF program is due to end in March, with a first review scheduled for next month.

“The Staff-Monitored Program is also intended to assist in resolving the long-standing arrears to external creditors and facilitate re-engagement with the international community,” Imam said. “Given the recent history of Zimbabwe, in particular the fact that the country has arrears to other international organizations, as well as bilateral arrears, the fund is not yet in a position to financially support the country.”

Zimbabwe’s economy collapsed after a wave of seizures of white-owned commercial farms that began in 2000 slashed export income. In November 2017, Robert Mugabe, who had led the country since 1980, was ousted as president in a coup and replaced by Emmerson Mnangagwa. Ncube was appointed about a year ago and tasked with putting the economy back on a sound footing.