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Florida Bd. of Bar Examiners In re Hale, 433 So.2d 969, 44 A.L.R.4th 901

Facts

Kevin Charles Hale, a graduate of Dalhousie University Law School in Canada, sought a waiver of the Florida Supreme Court Bar Admissions Rule, which mandates that applicants must have graduated from an ABA-approved law school. Hale had previously been denied a waiver for both sections of the rule due to his undergraduate degree from Acadia University, Canada. After completing a College Level Equivalency Program (CLEP) to satisfy the undergraduate requirement, he petitioned again for a waiver of the law school requirement, which was also denied, leading to his motion for rehearing.

Petitioner is a graduate of Dalhousie University Law School, Halifax, Nova Scotia, Canada.

Issue

Whether the Florida Supreme Court should grant a waiver of the bar admission rule requiring applicants to have graduated from an ABA-approved law school.

Petitioner requested this Court waive Florida Supreme Court Bar Admissions Rule, article III, section 1(b).

Rule

The Florida Supreme Court's Bar Admissions Rule requires that applicants for the Florida Bar Examination must have graduated with an LL.B or J.D. degree from a law school approved by the American Bar Association or a member of the Association of American Law Schools.

That rule requires an applicant to the Florida Bar Examination to have graduated with an LL.B or J.D. degree from a law school either approved by the American Bar Association (ABA) or which is a member of the Association of American Law Schools (AALS).

Analysis

The Court applied the rule by emphasizing its long-standing policy of not granting waivers for the requirement of graduating from an ABA-approved law school. The Court noted that it had previously granted very few waivers and that a consistent application of the rule was necessary to maintain standards in the legal profession. The Court also highlighted the difficulties in evaluating foreign legal education and reaffirmed its commitment to the existing standards.

We thus reassert the continued validity of section 1(b) of the Rule.

Conclusion

The Florida Supreme Court denied Hale's motion for rehearing, reaffirming that it would no longer favorably consider petitions for waiver of the bar admission rule requiring graduation from an ABA-approved law school.

We deny his motion for rehearing.

Who won?

The Florida Supreme Court prevailed by denying Hale's motion for rehearing, maintaining the integrity of the bar admission standards.

This Court will no longer favorably consider petitions for waiver of section 1(b) of the Rule.

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