If I told you, “Some law school students are cheating — and are even helped by their law schools,” you’d probably think, “No way, I can’t believe that.”

Not only has this been going on for years, but, as you will see, it directly impacts law firms — large and small — and clients, who can easily be paying a premium for an honor student who is actually a dishonor.

How Cheating Spreads at Law Schools (paywall) was the headline on an excellent Wall Street Journal opinion article, by Jillian Lederman, that ran June 5.

As this column has put me in touch with law school faculty over the years, the content of Lederman’s opinion piece wasn’t news to me. This type of cheating has been a dirty, well-kept secret at many law schools, upsetting countless law profs.

After that article ran, my office received phone calls from several of the law firms and attorneys who have been helpful to this column.

Their reasons for calling, summed up in one sentence: Some of the lawyers we hired had grades that put them near the top of their class, but when it came to doing actual legal work, things just did not correlate with their excellent grades, and we just could not figure out why.

Getting more time to take written exams invites fraud

Law students about to take their first exam are usually anxious and often worried. If a first-year student isn’t nervous, then something’s wrong, as law school is not a walk in the park.

Now, what would you be asking yourself if about a third of your first-year class members didn’t show up for the final exam? That’s what a Pepperdine law student noticed in the summer of 2023.

Were they just running late? Chickened out? No. As many as 30 students were in a different room, getting extra time because of the Americans With Disabilities Act, which, as Lederman noted in her piece, requires schools to accommodate “students with conditions that impair ‘major life activities’ such as learning, reading and concentrating.”

This can translate into giving law students who claim a disability up to four extra hours to complete a test.

Lederman writes in her article that multiple students said that Pepperdine’s administration confirmed at a town hall last year that “more than a third of the school’s law students receive testing accommodations, the most common of which is extended time.” The school also noted that the prevalence of accommodations is comparable to that at other law schools.

Many people look at such high numbers of students claiming an ADA impairment and four words come to mind: That sounds like cheating.

What else could it be? One of my law school professor friends noted that cheating is the only possible explanation.

For the record, no one is criticizing students who need extra time for tests because of legitimate learning disabilities. The issue here is students who don’t need extra time but profess under false pretenses that they do need it so they can perform better than they would otherwise.

Test accommodations arrived in 1990

ADA accommodations became a requirement in 1990, and thorough medical/psychological evaluations were required to justify allowing more time to take tests.

While many students do suffer from certain disorders, such as PTSD, ADHD, anxiety and others, it is possible to fake impairments — and there are years of research proving it. (Check out this article from NBC News to read more about that.)

A Loyola law professor in Los Angeles, who spoke with me on condition of anonymity because faculty is not authorized to speak for Loyola, said, “Something is wrong here, (as more students) across the country are increasingly seeking ADA accommodations. Are law schools admitting students and graduating future lawyers who lack the ability, in the real world, to function as lawyers?

“Or, do we have a Varsity Blues situation where families with money pay a psychologist to give them a report that will justify the student’s need for more time to take exams? The answer is obvious. Students are cheating on a massive scale, and in my experience, school administrators are fully aware.”

The consequences of this cheating affect us all

As law students are evaluated on a competitive curve, top grades have real-world consequences.

For instance, top students can get scholarships, score a spot on the school’s law review, receive job offers from major law firms, land coveted clerkships with federal judges and can be paid far more than other first-year lawyers. The cost of those higher salaries is passed on to their clients.

You might be thinking, “During the job interview, why not just ask if they ever received an accommodation in law school (or anywhere) that gave them longer time on exams?”

Southern California-based labor attorney Daniel Klingenberger says that under the ADA, “the hiring manager should not ask that question, or any similar questions about a history of having a disability. The purpose of the ADA is to ensure that qualified individuals with disabilities have an equal opportunity in the workplace.”

Dennis Beaver Practices law in Bakersfield and welcomes comments and questions from readers,
which may be faxed to (661) 323-7993,
or e-mailed to Lagombeaver1 – at – Gmail.com.

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The HBO comedy-drama Succession has been a powerful impetus for family-owned businesses across America to consider who will take over upon the death or retirement of the owner.

That issue is the basis of today’s story, which began with an email from, “Robin.”

“I am President of our family-owned market research/marketing firm. I want to pass the reins to our twin sons, both recent college graduates who were in a pre-law program and seem pretty jazzed on becoming lawyers.

“They told us about how great that would be, describing lectures from their teacher and guest speakers who were attorneys, painting a rosy picture of the law business.

“As we need frequent consultation with legal counsel, I made them this offer: ‘I will pay for your legal education. After passing the bar, get some experience working in a law firm that handles our kinds of cases, and then become our company lawyers, and when I retire, you take over.’

“They agreed, but then I raised an issue they had not thought of.

“We are a very religious family. Could they survive in an environment where lawyers, in general, have a poor reputation for ethical behavior? I have read your articles for years – notably, several about highly dishonest behavior – padded bills, faked invoices – and would appreciate your insight.”

Few Saints Hold Bar Cards

It is no secret that lawyers have a poor reputation. Note, I did not say, “the legal profession.” Many writers feel that law ceased being a profession when the U.S. Supreme Court declared lawyer advertising legal in 1977.

What followed was a spike in applications to enter law school, leading to our nation-wide glut of lawyers, and what we see daily on television: a never-ending parade of attorneys after your personal injury case.

But a possible answer to Robin’s question – could his boys survive in the law’s environment – came from a lengthy phone call I received from “Darren,” also a long-time reader, who taught pre-law courses at a well-known Midwest university for years.

(I vetted Darren, using a variety of research tools, so his call was legit.)

Decided, ‘Why Not?’ And Became a Lawyer Himself

“I ran of our pre-law program for many years and had a great relationship with local law firms who sent lawyers to speak with our students. They always presented the most positive view imaginable of the occupation.

“For years I’ve read your column and admit not believing the stories of bill padding, inventing billable hours, and other ethical and illegal violations brought to your attention by law clerks and recently admitted attorneys. I just thought they were the product of disgruntled employees, but no more, Mr. Beaver.”

And then Darren told a painful history of what he learned about law firm reality. His comments match those of other disillusioned pre-law teachers who became lawyers I have spoken with over the years.

“I studied law at night, passed the bar the first time, and was hired part-time by one of the firms that had sent me guest speakers. In the first two weeks, I saw the same things that you had written about! I dug out your articles – You were so right! And then a couple of my former students who worked at this firm said, ‘Prof, let’s have dinner and talk.’”

‘We are so miserable – Don’t stay here!’

They went to a restaurant out of town, “And these two young ladies were close to tears describing what was expected of them,” Darren said.

“We are required to bill clients over 2,000 hours a year – meaning you worked on client cases, which is impossible. If I spent one hour on a client’s case, I was told to write down three – and it went on like that!” said one, adding, “This is playing havoc with my conscience and marriage! But I have over $150,000 in student loans to repay! I’m trapped working over 80 hours a week here!”

And the other?

She showed me billing sheets of her court appearances for multiple clients on the same calendar call.

“I was told to bill each client for the entire time I spent in court – two hours –

instead of a fraction as is legally required, and that is theft,” she admitted.

‘We Can Wear Them Down and Settle for Pennies on the Dollar’

“I saw a file where we represented a commodity buyer who repeatedly stiffed several farmers over many years. Our client owed the money – there was no justification for refusing to pay. So, I asked a senior partner about it and his reply was, ‘We do what our clients tell us to do. So we delay, delay, and run up the bill for the farmers and eventually they settle for cents on the dollar.’”

“With a big smile, making this sound like a joke, I said, ‘So, just like Nuremberg, you are merely following orders.’ He laughed and said, ‘How else can we keep the lights on?

Listen, Darren, right and wrong, basic morality and the truth doesn’t matter in this business.’”

Can Someone with High ethical values Survive in Law?

Darren remained six months in the firm, “To observe as much as possible that I could bring into the classroom – to give my students an honest dose of the downside to law.

“During that time I was in the company of more depressed and unhappy people than I’ve ever met – all of them lawyers.”

We concluded our interview with his recommendation for Robin’s sons:

“This occupation easily corrupts your moral compass. If honesty, integrity and keeping your hands and spirit clean matter, I would tell his boys to do their own research into these critical issues, and a good place to begin is Above the Law.com.

Dennis Beaver practices law in Bakersfield and enjoys hearing from his readers. Contact Dennis Beaver.

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“Mr. Beaver, several years ago you wrote a story about a lawyer’s reputation – how valuable it is. As a Superior Court Judge in our small Southern town for over 20 years, that is what I tell the law graduates who successfully passed the most recent bar examination when they assemble in my chambers and take the Attorney’s Oath.

“The idea that law is a profession and our duty is to help clients and their families through some of the most difficult moments of their lives is a foreign concept to many young lawyers. It seems as if the only thing most think about is becoming wealthy as soon as possible – and cutting ethical corners is no big deal.

“I have handed each of these newly minted attorneys a copy of your story. In just a few weeks, bar results will be out, and if your editors will reprint that wonderful story it might do some real good as the message applies not only to lawyers.” Thanks, ‘E.J.’, Georgia.

For the many lawyers who read this column, in the next few minutes, wander the corridors of memory with me to those hectic weeks before final exams during the first year at law school.

It is a time of intense review, study group meetings, and a common practice in law schools across America; allowing students the opportunity to review the complexity and broad scope of previous final exam essay questions, many of the same issues reappearing on new tests.

At my school, Loyola in downtown Los Angeles, these exams — many going back years — were kept in a blue binder, which the librarian handed to any student who requested them. Over to the photocopier you’d walk, deposit a few coins, and make your copies.

This gives first-year students much more than a glimpse of what final exams look like.

For with the law school’s blessing is the chance to analyze the structure and content of prior tests and is of incredible value. I am sure that without that opportunity, many would have done a lot worse on their finals.

I saw my study group friend, let’s call him Steve, with his girlfriend, at the photocopy machine, making copies.

They lived together in a beautifully furnished apartment near the campus that was always well stocked with great wine, expensive cheese and other goodies, courtesy — I was told — of his parents. During one of these study sessions, Steve said something that I thought was either twisted humor or a disgusting reason to study law, “Once we pass the Bar, it will be license to screw people over.”

When he said that, I studied his face, realizing that he looked like a rat! He really looked like an overgrown, beady-eyed rat! As I would soon discover, his appearance revealed a potential future lawyer lacking ethics, integrity, and morality.

Several days later, I tried to make a few copies, but everything the machine produced was unreadable and smeared, completely worthless. But Steve was dutifully copying all the first-year exams in the folder, helped by his girlfriend. She was lovely, with a sweet face that revealed little emotion as she and Steve replaced the clean originals with garbage.

She was also very pregnant.

The consequences of what they were doing was sickeningly obvious. It went beyond cheating. This was immorality on a scale that could impact the entire first year class.

“How can you do this?” I asked them. “How can you help him do this to all his classmates? I have been to your apartment many times. How do you justify doing this to me and your friends in our study group?” I asked her in a tone of voice that did not exactly seek a reply.

“Don’t you get it? You are carrying his child and not married. The way he is treating others is how he will treat you when, not if, but when things turn bad. Put the originals back now!”

We had studied cases about people who do precisely these kinds of things in contracts and torts, and yet here I was, staring into the faces of a couple with no sense of morality.

Were Steve to pass the bar, he would indeed use his license the way he described. “Put the originals back now, Steve,” I repeated, over and over again. “Put them back now or I will go to the Dean’s Office. It’s your choice.”

He looked at me, laughed nervously, and put them all back. As insurance that he would not return later and try the same thing, I walked directly to where the head librarian was standing, looked in Steve’s direction, talked about the weather, but made large hand gestures, as if I were making photocopies.

Steve, I’m sure, got the message. The librarian probably thought that I was suffering from pre-exam jitters.

Twice daily until finals were over, I checked the blue folder. The originals remained in place.

Steve flunked out of school. I had never wished that a classmate would fail, but I did in his case.

Most attorneys who demolish their reputations usually wait until after graduation from law school and being sworn in as a member of the Bar. Steve was ahead of the curve.

Had he actually become a lawyer, no matter how able or brilliant, were our paths to cross, the only image of him in my mind would still be that of a thief.

It is one of the most fragile things we possess, our reputation: Our reputation with classmates who will become colleagues, partners, and the judges before whom we will stand. Handle it with care.

Across my years of practice, I’ve found that most do.

Dennis Beaver practices law in Bakersfield and enjoys hearing from his readers. Contact Dennis Beaver.

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Dennis Beaver practices law in Bakersfield and enjoys hearing from his readers. Contact Dennis Beaver.

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Dennis Beaver practices law in Bakersfield and enjoys hearing from his readers. Contact Dennis Beaver.

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“I am an attorney with a Fortune 500 company and have read a number of your columns on getting into law school. Our son is in college, wants to follow in my footsteps and feels strongly that by becoming a star on the debate team this will enhance his chances,” “Mike” wrote.

“As a college debater the experience made me a better writer and speaker but something about debate today is worrisome. There is a very strange style of debating which turns my stomach. It is called Spreading, and sounds like you are at a cattle auction, with the students speaking so rapidly it is impossible to follow and understand.

“The idea is to spew so much information that your opponent can’t possible respond. To me that is not debate, not the way intelligent people discuss issues. Frankly, it strikes me as dishonest.

“Our son wants to attend a summer ‘Spreading Debate’ camp, compete, video himself doing this weird stuff, and sending it as part of his application package to the law schools he will apply to. I fear that it could hurt him and would appreciate your opinion.”

Looking for an Appetite Suppressant? Watch these Videos

At one time, it would be a real treat to be in the audience of a high school or college debate. Intelligent, well-spoken students–who had spent countless hours researching various sides of a current governmental policy issue–would respectfully present their views and, yes, calmly debate their positions.

Then, several years ago, some ethically challenged person got the idea that if the debaters threw out arguments at an auctioneer’s rate of speech, the other side could never respond, and they would win. Thus was born “Spreading,” speed + reading.

Here are two examples:

https://youtu.be/LMO27PAHjrY
https://youtu.be/JhzwSlK4uEc

Now, just ask yourself, “What real-world benefit can come from this?” Senator Ted Cruz, a 1992 Princeton University Debate Hall of Fame member, answered that question some years ago by stating:

“Spreading is a pernicious disease that has undermined the very essence of high school and college debate. In no other endeavor in life do you get rewarded for speaking ridiculously quickly, unless you hope to appear in a FedEx commercial.”

(A FedEx Corp. spot featuring John Moschitta, a former Guinness fast-talk record holder, became one of the most popular TV commercials ever.)

What Do High School and College Debate Coaches Have to Say?

I spoke with a number of speech/debate teachers and coaches at several high schools and colleges. Off the record, all believed that spreading debate style is a huge waste of students’ time and energy.

“The problem,” a speech teacher in Tennessee stated, “is that debaters are highly competitive and want to win at all cost, regardless of how truly dishonest spreading debate style really is. They just want to get points and the ethics of what they are doing is not part of their vision.”

“An Iowa speech teacher stated, “There are other competitive forensics areas which far better develop a student’s abilities, and if I didn’t fear getting fired, I would tell parents to urge their kids to avoid this spreading nonsense.” She stressed, “This is a politically dangerous area, so to keep your job, you just go along. It is all about the millions of dollars in college debate scholarships.”

“No Position on the Issue”

I asked Grace Roger, Communication Specialist with the National Speech & Debate Association based in Des Moines, Iowa, for their view of spreading. “We have no official position,” she replied. Sure they don’t. My cynical view on their lack of position is simply, “Follow the money.”

A Law Professor Shares His view of Debate and Getting into Law School

I asked visiting professor of law at Northern Illinois University in DeKalb, Ill, Beau Baez, what effect Mike’s son submitting a video would likely have on his admissions chances.

“I have been involved in law school admissions for years. Acceptance is based primarily on a student’s undergraduate GPA and score on the LSAT. But admissions officers are also looking out for weird stuff, and if this were my son, I would tell him do not send in that video! It will hurt you!”

I also spoke with a number of admissions officers, off the record, at several law schools, some of whom had received similar videos. The general consensus: “These things are repulsive and highly disturbing. We have rejected applicants who lacked the common sense to not submit these ridiculous videos.”

One was a former speech therapist, who at first thought, “I was looking at a student suffering from a cluttering disorder where speech is overly rapid, jerky, and is poorly articulated. Cluttered speech typically sounds rushed and disorganized.”

Dennis Beaver practices law in Bakersfield and enjoys hearing from his readers. Contact Dennis Beaver.

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Across the country there are 73 law schools accredited by the American Bar Association which offer part-time programs–evening or weekend classes–and normally require four years to complete.

In 2018, approximately 12,000 students of the 112,000 total J.D. students in the U.S. were enrolled part time which allowed them to meet–or attempt to meet–their obligations to employer and family.

While these schools boast about their quality education, they seldom caution that for certain people, instead of a way to a better life, those demanding years of study, the law degree, and bar membership itself can cost them all that they hold dear: family, friends and their job.

If that is something you never expected to hear, let’s peer into the future of what going back to school and obtaining a legal education can do for you – and the unintended consequences.

That you can attend law school part-time is one thing. The real question is, “Should I?”

Before we look at the downside, let’s examine what a legal education will give you.

Sharpens Your Analytical Skills

“One of the most useful benefits of a legal education is how it greatly improves the ability to see and think clearly about issues–what we call, thinking like a lawyer,” states Beau Baez, Visiting Professor at the University Of North Dakota School Of Law.

I learned as a first year student at Loyola University School of Law in Los Angeles, this meant developing highly analytical skills–careful reading, listening and analysis–which fostered the ability to see and articulate multiple sides of an issue.

“By applying the legal principles they’ve studied to real-life fact situations, law students learn how to formulate arguments on any side of a question that are both logical and credible. This is something that becomes second nature, useful in so many aspects of daily life, as you are virtually forced into becoming more open minded,” Baez observes.

However, there a price to pay to learn the art of “Thinking like a lawyer,” a steep price, well beyond the tuition.

Disadvantages – Do You Want to Stay Married?

“The time commitment is simply enormous and night students will be in class generally four days a week from 6 PM to 9PM. Typically, assignments will be three hours of homework per classroom hour. You will also be required to read from 300 to 450 pages a week. This leaves students with little time for family and friends as–especially if you are working full-time–almost every waking moment is spent studying,” Baez points out.

For an in-depth look at this stark reality, Google: “You and the Law: Attending Law School can be Hazardous to your Marriage.” In this May, 2011 article, nationally recognized law school admissions advisors Ann Levine and Derek Roberti caution “Law school consumes your entire life.”

To Baez, “They are telling it like it is. You’ve got to ask yourself, ‘What matters most? Do I want to lose my marriage, and risk emotional damage to my kids just to become a lawyer?”

“If I Get a Law Degree, I’ll Move Up Higher in the Business”

“Dennis, “for your readers who are already highly successful in their chosen field, attending law school could be one of the worst career mistakes they could ever make,” he underscores.

I asked, “But evening law schools make a big point of how valuable that legal education is for the business person wanting to move up. How could it hurt?”

His reply was something that had never occurred to me, and I’ll bet to a lot of people reading this right now:

“There is a kind of thinking about the value of a legal education that goes like this. ‘If I get a law degree, and upgrade my skills, I will move higher within the company.’ For some, it can be a benefit, but the value of having that JD is often overblown, and the risk to your job is almost never discussed. Why? Because instead of helping you advance, the exact opposite is accomplished, and I’ve seen this over and over again across the 20 years that I’ve been teaching law.”

Baez cited the example of an employee at a large bank who proudly told his colleagues that he was in an evening law program. “And then the boss found out. They stopped promoting him, reasoning, ‘He will probably open his own law practice, so why invest anything more in his professional development?’

This is 2019 Not 2000

Professor Beau Baez cautions everyone who thinks that becoming a lawyer will easily lead to a job and great income. “Twenty years ago that was true. Today it isn’t and the good old days aren’t coming back anytime soon.”

Dennis Beaver practices law in Bakersfield and enjoys hearing from his readers. Contact Dennis Beaver.

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If you are in college and considering law school, or out in the working world and looking for an occupational change, Los Angeles based attorney Shant Karnikian has some very specific recommendations, and I’ll get to those in a moment.
But first, let me tell you about this young attorney making a real difference in the lives of his clients.

I met him in 2009 when he was a first year law student at Loyola, in Los Angeles. Karnikian demonstrated real initiative by applying for a summer scholarship to study international law in Paris at a summer program conducted by Cornell University.

While these scholarships had only been given to second-year students, those of us on the selection committee were impressed by one of the most compelling personal statements we had ever received, and is so relevant in today’s America.

It read, in part:

“It is my profound, personal sense of injustice as an Armenian-American that drew me to the study of law, as it is our best hope for achievement of social justice when all other avenues seem to be failing. Law can transform issues of intense divisiveness into opportunities for us to heal our cultural wounds, reunite as a national community and strengthen the promise of social justice for future generations.

“These beliefs drive me to want to become a lawyer,” his statement concluded.

Announcing that Karnikian had been selected, one member of the panel said, “Here is someone who understands injustice firsthand, from what happened to his family in the Armenian genocide. Loyola can be confident that he will use his legal education in the cause of justice.”

He passed the California bar in 2012–on the first try–itself quite an accomplishment–and works in downtown Los Angeles as a senior associate with Kabateck LLP, a nationally respected plaintiff’s firm that litigates complex cases with an impressive record of success.

Coincidentally, founding partner Brian Kabateck, was one of the first attorneys to successfully sue insurance companies withholding money from heirs of victims of the Armenian Genocide.

“I feel passionate about representing people who have been harmed. Our law firm plays a valuable role in society. In so many ways, I am living my dream,” he told me when we spoke recently, but admitted, “I went into law with a romantic notion of the good that I could accomplish which has worked out. But I have been very fortunate.”

His boss, attorney Brian Kabateck, describes Karnikian as: “Capable, skilled, a great trial lawyer who never complains about the long hours and hard work this profession requires. He has the right attitude; juries like him, and we all like him.”

Find out What the Practice of Law is Really About

“The most important piece of advice I can offer to anyone thinking of attending law school and becoming an attorney is to find out what the practice of law is really about, and believe me, it is not what you see on television or in the movies,” Karnikian underscores.

“Speak with lawyers and ask them to tell you their likes and dislikes about their jobs. Would they choose this occupation if given the chance to go back in time?

“As you would research any major purchase, do the same thing with law, because that’s what you are about to do, only it is a ‘purchase’ that could easily cost over $200,000 and once you ‘own’ it, could lead to great disappointment. There is a lot of information online written by people who left the practice of law, and their stories could help prevent making a wrong decision.”

Law School Isn’t Just an Extension of College – Take a Year off First

In many European countries it is common after earning a college diploma to work for a year before pursuing an advanced or professional degree. Karnikian feels this is an excellent idea:

“If you are in college now, by taking time off after graduating and working before law school, you’ll likely acquire a better sense of responsibility, and a much more accurate idea of how society functions.

“In addition, it is important to understand that law school isn’t college simply with three more years tacked on to your bachelor’s degree. A completely different approach to study is required, and you cannot cram for tests. You are being trained to become a professional, someone who others will rely on.”

Never off the Clock

Karnikian had heard that, “Time demands take away from a lawyer’s personal life,” but only understood what that meant when “12 hour days became the norm with no such thing as being off the clock.”

He has these words of caution for anyone considering the legal profession:
“Never forget that the law is a jealous mistress.”

Dennis Beaver practices law in Bakersfield and enjoys hearing from his readers. Contact Dennis Beaver.

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“Is it possible to prevent a certain judge from hearing my case, or, am I stuck with whatever courtroom I’m assigned to? Is there a way to reduce the chances of having a judge who has a reputation for being a ‘loose cannon,’ not following the law, unfair and nasty to the people who come to their courtroom seeking justice?

“I have a case in the Kings County Superior Court coming up, but live in Los Angeles, and really appreciate your advice. Thanks. Benjamin.”

We’ll answer those questions in a moment, but first, step with me into H.G.Well’s Time Machine as we begin our legal education at Loyola University School of Law, downtown Los Angeles. First day, first class, Contracts, Professor Smith: formal, a reputation for being tough, and a member of the California Bar.

“Talk about brain power,” you whisper. “Lawyer, law professor and practices law. All our teachers are LAWYERS! I just hope to pass the first year exams.” I agree, in awe of these brilliant people who, in our minds, are like deities.

Smith says, “One day, some of you will become judges.” “Judges? That’s like being a God. Some of us?” you mumble.

By the second and third year of law school, we accept the fact there is one God and it isn’t any of our professors. Fast forward a few years in law practice, and we wonder, “How did some of these people pass the bar exam, and how could the governor appoint the class idiot as a Superior Court judge?”

So, if you are headed to court and believe that a courthouse is a place where fairness rules, that the people wearing black robes see the world free of bias and prejudice, answers to our reader’s questions can mean the difference between getting a fair shake or losing before stating a single word.

Lawyers call it “papering a judge.”

Attorneys who appear in court on a regular basis get an idea of which judge is better for a particular type of case and those who reek of bias against certain lawyers or classes of parties.

For example, should a client with the “wrong” lawyer appear in their court, they will routinely find for the other side in custody cases, regardless of recommendations made by county personnel who evaluate where the children should remain.

You’re thinking, “But aren’t judges supposed to separate personal feelings and emotions from their rulings?” That day may arrive when we address emotionless, Artificially Intelligent robots as “Your Honor,” but until then, judges are human, some better able to see and quash their own bias, or remove themselves from a case, and others with an agenda.

When it comes to competent legal representation, this can be the moment of truth; will your lawyer speak up and disqualify the judge, or, wimp out, afraid of creating a bad image of themselves in the court’s eyes?

The procedure

The law provides two ways, of “papering the judge,” as lawyers call it, by filing:

1. (A Peremptory Challenge of a trial judge under Code of Civil Procedure (CCP) section 170.6. A party or attorney may disqualify a judge based on a sworn statement of belief that the judge is prejudiced against that party or the party’s attorney. The results in an automatic disqualification of one judge without proving prejudice or bias.

2. A Challenge for Cause. CCP 170.1 requires specific grounds and proof, such as the judge has a personal relationship with some of the parties, has a financial interest in the case, personal knowledge of the facts, and so on. If your challenge is denied, the case remains with the judge.

If you file a Challenge for Cause, better have your ducks lined up in a row or prepare to have your case as the main ingredient in duck soup.

When must you file your challenge?

There are specific time periods in which to seek disqualification of a trial judge. The general rule is that disqualification is permitted any time prior to the commencement of trial, but there are exceptions. If the time periods are not met, the motion to disqualify will be denied, so find out what applies in your county. If it looks likely, be on top of this yourself.

How else can I know to keep or disqualify a judge?

The quicker you know as much as possible about the judge assigned to your case, the better, so use Google. Look for newspaper articles which reveal bias, prejudice or outright incompetence. If the story was written by a reporter who you know, give them a call.

Remember, the most dangerous person in the courthouse can hide beneath a black robe.

Dennis Beaver practices law in Bakersfield and enjoys hearing from his readers. Contact Dennis Beaver.

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Are you about to enter law school or know someone who is? While law school is demanding and some say “boring,” at many schools technology is making the hours spent studying more productive, practical, and fun. In a moment you’ll see why, but first, here’s an email we received from “Chad,” a happy father in Eureka, California:

“Mr. Beaver, my wife and I have been on cloud nine, unbelievably thrilled and proud of our daughter, ‘Angie’s acceptance at one of California’s top law schools, but also, really worried. I know that law school is tough and there is a high failure rate at some schools. Angie put the ‘up’ in uptight, and already she is worried. Can you help put her fears to rest?”

Angie’s lucky – her school uses Casebook Connect.

We learned that Angie is attending law school in the San Francisco Bay area, and that several of her first-year courses benefit from something very cool offered by law book publishers that law students across the country describe as “simply amazing, making things so much more clear and understandable.”

It’s Casebook Connect from Wolters Kluwer and the Interactive Casebook Series from West Publishing.

Now, before we tell you what they are, join me as we step into H.G. Wells’ Time Machine, and take a little trip, 40 years back in time. Our guide is Vikram Savkar, Boston-based Vice President and General Manager of Wolters Kluwer’s Legal Education Group.

“Dennis, if you walked onto the campus of any law school in the country over the past 40 years, the same scene would be repeated. Students would be lugging around briefcases filled with heavy casebooks. But then, five years ago, we realized that something had changed,” he began.

“It was the students who had changed, because those entering law school were digital natives. They had grown up with Google, Facebook, and as undergrads, had used a great deal of technology on a regular basis.”

A challenge to legal publishers

Having grown up with technology, and “Suddenly in law school using only thick books was a bit of a shock to these tech-savvy students,” Savkar points out, adding, “The need for something better was clear. Law school is very hard and students felt there were tools that could greatly improve the learning experience, but were not then available.”

So, the publishers of casebooks used in our nation’s law schools asked themselves a question: “How can we bring cutting edge educational technology into the world of casebooks, helping today’s law students succeed in mastering the material, developing confidence for both law school exams and the Bar Examination?”

The Interactive Casebook Series, both developed after years finding out from students and teachers how technology could facilitate law study. Both publishers hit a home run and “Professor Beaver” is impressed.

“Beaver, back to work! Stop playing!”

These publishers bring to law students what amounts to their own private tutor, applying the legal concepts and terminology acquired from the casebook to challenging real life and hypothetical fact situations. Law school is fascinating to begin with, but these two legal publishers have made learning the law fun.

It’s like having someone saying, “We’ve been studying the types of contracts which must be in writing in order to be enforced and ways to get around that written requirement. So, after reading this hypothetical, tell me if Ms. Jones will be able to successfully argue that, even though there was nothing in writing, her client should still be able to claim that a valid contract was created?”

The student is given a series of possible arguments to use and clicks on, we hope, the right answer. Immediately the correct answer appears, along with the legal reasoning to support the point. There is no more “hiding the ball,” which is one of the greatest criticisms of the way law is still taught at some schools. Here, the material studied is reinforced in a variety of positive ways, so if you are wrong, you are not made to feel like a dummy.

In preparation to be a guest instructor at the Bakersfield campus of the Monterey College of Law, Savkar sent me a log-on password to the casebook, Epstein on Torts, giving access to the complete book and the simply marvelous study aids that Casebook Connect offers.

This did not make my office staff very happy, as I was like a kid in a candy store, shutting my door, having a ball, bouncing around the text and hypothetical, visuals and tests–and it was all so interesting, so well put together. You just have to admire the thought put into this user-friendly technology.

So, Angie, you can worry much less. Law school is terrific!

Dennis Beaver practices law in Bakersfield and enjoys hearing from his readers. Contact Dennis Beaver.

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