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Tocci, supra. Director of Testing at Massachusetts Board of Bar Examiners Greater Boston Area Judiciary. The first action was resolved adversely to Britton, and the second action was dismissed. [Note 10] During his final year of law school, Mitchell served as a law clerk intern for an experienced judge on the United States District Court for the District of Massachusetts; a highly positive letter of recommendation from the judge is also included in the record.

How to Write an Air Force Letter of Recommendation. Likewise, Britton's failure to disclose relevant and material information, both in his application and during the board's investigation, shows a marked lack of candor. One must assume that our decision to keep intact our own rule requiring that an applicant for the bar examination graduate from an ABA-approved law school was because we took seriously our statements that ABA approval serves an important function. After you’re asked to write a letter of recommendation supporting an applicant’s admission to the state bar, make sure you have as much information about the applicant as possible.

[Note 3] Mitchell took the multistate professional responsibility examination (MPRE) in March of 2003, and received a scaled score of 127. 448, 456, cert. publiccounsel.net | 09-01. I would await the results of the ABA's review. at 271. Rule 3:01, § 3.4, as appearing in 382 Mass. Board of Bar Examiners, 397 Mass. 1. The Massachusetts School of Law and the Southern New England School of Law, both located in Massachusetts, are the only two law schools that are not approved by the ABA but are authorized by the Massachusetts board of higher education and State statute (see G. L. c. 69, § 31A) to grant such degrees. At all relevant times, Concord was authorized by the California bureau for private postsecondary and vocational education to grant, inter alia, a degree of bachelor of science in law and a degree of juris doctor.
The board determined that he was not qualified for admission and recommended that the petition be dismissed. See Police Comm'r of Boston v. Municipal Court of the Dorchester Dist., 374 Mass. See, e.g., Matter of Tocci, 413 Mass. All rights reserved. In addition, the plaintiff here does not state that he was somehow unaware of the hardships he could face when he chose to enroll in an unaccredited law school. [Note 7] Mitchell argues in this regard that under S.J.C. There is no merit to Britton's claims that the board's proceedings were defective or unlawful. See S.J.C.

Criteria. Indeed, as the single justice concluded, “[t]he time (and expense) needed to discover that which [Britton] should have disclosed is attributable entirely to [Britton], not to the board.”.

After investigation, the board determined that the criminal complaint was dismissed with an order that Britton pay restitution, and that the civil matter was settled under terms requiring the attorney to provide a positive letter of recommendation. Code §§ 94900-94905, as in effect through December 31, 2007.

Mitchell argues that by requiring graduation from an ABA-approved law school in order to sit for the Massachusetts bar examination, S.J.C. When writing your recommendation letter, make sure you supplement the information the applicant will provide with information not otherwise available, such as your opinion about the applicant’s likely success as a lawyer. Novak, 397 Mass. 754 (1981), provides as follows: "Each applicant shall have graduated with a degree of bachelor of laws or juris doctor from a law school which, at the time of graduation, is approved by the American Bar Association or is authorized by statute of the Commonwealth to grant the degree of bachelor of laws or juris doctor.". In his application, Britton disclosed that he had been “wrongfully terminated” by two employers, and that he had brought multiple lawsuits involving separate incidents against former employers, attorneys, police officers, and a media outlet alleging, among other things, wrongful termination, violation of civil rights, defamation, breach of contract, malicious prosecution, and abuse of process. Britton petitioned the county court for a hearing on his application, raising a variety of constitutional, statutory, and other challenges to the board's decision. In reaching this result, we are not suggesting that we have decided to accept graduation from an online law school as meeting the educational requirement for taking the Massachusetts bar examination, or indeed to change our ABA-approval requirement set out in rule 3:01, § 3.3, in any respect. Educ. [Note 4] The State of California permits individuals who have received their legal education "[b]y instruction in law from a correspondence law school authorized or approved to confer professional degrees by [California]" to sit for the California bar examination. c. Unauthorized practice of law. See Desy v. Board of Bar Examiners, 452 Mass. Finally, the record amply supports the single justice's observation that Britton's criminal history was obtained by the board through his own disclosures, including disclosures in Connecticut, and publicly available court filings. [Note 8]. See Matter of an Application for Admission to the Bar of the Commonwealth, 444 Mass. Rule 3:01 violates the equal protection guarantees of the Massachusetts Declaration of Rights in two ways. The Novak decision concerned the 1980 amendment to S.J.C. We accord deference to the board's recommendation, but it is ultimately this court's responsibility to determine an applicant's fitness to practice law in the Commonwealth. The Novak decision concerned the 1980 amendment to S.J.C. at 271-274. These considerations are hardly extraordinary. In 1983, when Novak applied to sit for the Massachusetts bar examination, the question before the court was whether it was in the interest of equity and justice not to hold Novak to the 1980 amendment, where Novak reasonably anticipated ABA approval at the time of his graduation, and where two other applicants from Novak's graduating class had been granted permission to take the Massachusetts bar examination (in 1978 and 1980). In 2005, Britton brought an action against the city of Lawrence and its police officers for false arrest, civil rights violations, malicious prosecution, and other crimes, arising out of criminal proceedings against him that eventually were dismissed. Because Mitchell holds his law degree from a school that, by virtue of its online character, does not qualify for accreditation or approval by the American Bar Association (ABA), Mitchell fails to satisfy the, requirement of our rule governing eligibility to take the Massachusetts bar examination.

Matter of Tocci, 413 Mass. Rule 3:01, § 6.1.1, as appearing in 433 Mass. We affirm for essentially the same reasons stated by the single justice. at 548. 754 (1981). In 2008, there are a number of jurisdictions that allow exceptions to this rule, including study at a State approved out-of-State law school (nine jurisdictions); study at a State approved in-State law school (eight jurisdictions); law office study (seven jurisdictions); correspondence study (three jurisdictions); study at any law school (two jurisdictions); graduation from an unapproved law school combined with a certain number of hours at an ABA-accredited law school (one jurisdiction); and study at an ABA-accredited law school resulting in an LLM (one jurisdiction). The civil case was dismissed, in part because of Britton's “history of disregard of his discovery obligations, and ․ for his disobedience of the [c]ourt's ․ order.” After multiple requests for extensions of time, his appeal also was dismissed. Among other things, in 2007, Britton removed an action brought against him and his spouse by a condominium association in the Concord Division of the District Court Department to the Federal District Court in Boston, where it was promptly remanded with the observation that “attorney's fees and costs are appropriate because the Brittons lacked anything remotely like an objectively reasonable basis for removal.” On remand, the judge dismissed Britton's counterclaims, which included claims of Federal mail fraud, attempted extortion, G.L. That second consideration, which relates to the current status of the. (As previously noted, Concord does not satisfy this condition.)

85 , 89 (2006) (Osakwe). S.J.C.

We do not know when the ABA will complete its review or, more importantly, what the result will be. As the board found, “Britton's disregard for the rules and standards by which the legal system operates and for which the legal process is structured, show his unwillingness to conduct himself with respect for the law and his inability to use sound judgment in conducting professional business.” This, coupled with his demonstrated lack of candor, amply supports the board's recommendation that the application be denied. Novak was graduated from his unaccredited law school in 1977.

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