Environmental Policy Programs

Many states, including Washington, have their own Environmental Policy Acts (often referred to as a "SEPA" - short for State Environmental Policy Act: for an example, see here). One of the Act's main requirements is that all state agencies must consider whether their actions have a significant effect on the environment. If that is the case, the agency then has to conduct extensive research on the environmental consequences of the action, and complete an Environmental Impact Statement. For example, if the Department of Transportation decided that it wanted to construct a major highway through Washington, it would need to issue an Environmental Impact Statement before construction could begin.

While this law may seem great on its face for environmental advocates, a major problem lies under the surface. Unfortunately, the Act lacks teeth that would allow environmentalists to question the substance of an agency's decision in court. As long as the agency prepared an adequate Environmental Impact Statement and made a rational decision based on that report, the court cannot overturn the decision on review. This is true even if the agency did not choose the course of action that was best suited to protect the environment.

Some may agree with this approach. It allows the agency to make decisions and plan certain projects without having to wait for the court's second opinion on the matter. But ultimately, if the goal of the Environmental Policy Act is to promote environmental protection, judicial review of agency actions should be allowed. This would be the most effective way to ensure that agencies are complying with the goals of SEPA and working to protect our environment.

Working with a Young Lawyer

If you are in need of an attorney to help you with a legal problem, you might wonder why you would even consider hiring a young lawyer who has only recently passed the bar exam. After all, there are bound to be more experienced attorneys in your area who have many years of practice already under their belt.

But for those with an open mind, there are a few reasons why you might consider a young attorney. First, a young attorney will charge lower rates for their legal services. For a lawyer who is just starting to practice, it would be unreasonable to charge a client the same price as an attorney who has much more experience in the field. And for this reason, a prospective client could save money by choosing a young lawyer as their representative.

Second, a young attorney will have a strong desire to build a good reputation. Whereas experienced attorneys have already developed their reputation to a great extent, young attorneys are eager to get in the game and prove they belong. Because young attorneys are enthusiastic to start practicing law, they will work their hardest to provide effective representation and build a good name for themselves.

Finally, a young attorney will likely have fewer clients to serve. For that reason, the young lawyer should be able to give your matter more attention than an attorney with a large number of pending cases. And with more time to devote to your case, the lawyer may be able to develop a better attorney-client relationship.

This is not to say that a young attorney is for everyone. If you have an extremely complex problem that you feel would best be handled by an experienced attorney, then your best bet is to ask around and find a lawyer with a good reputation in your area. But if your matter is more straightforward, don't be afraid to ask a young lawyer for assistance. You might end up saving money, and could even develop a meaningful relationship in the process.

The Bar Exam

Washington is expected to announce results from the July 2011 Bar exam early this week, so you can be sure that many graduated law students are currently camped out in front of their mailboxes awaiting the verdict from the Bar Examiners (myself included). As we are in the midst of this uncertain time, I wanted to share a few thoughts I had about the exam itself.

The bar exam is likely the most difficult test that a person will take in their life. When you consider that your average law student goes through at least 4 years of university education and 3 years of law school prior to the bar exam, that is saying quite a lot. Not to mention the pesky LSAT which every student must take before applying to law school.

The reason the bar exam is so difficult is because it tests everything about the law. In contrast to a law school final, which is the culmination of 4-months of coursework in a particular subject area, the bar exam consists of 18 questions that could test any conceivable legal problem. Coming into the test, the student receives some guidance from the Bar Association as to what subjects will be covered (the lengthy list can be viewed here), but these subjects are very broad. Even if the student had a lifetime to prepare, it would be impossible to become an expert in all of these subject areas. Really, all you can do is work as hard as you can and hope that you learn enough to get by in your preparation time.

But even once this 2-day test has been administered, there remains one final hurdle: Professional Responsibilities. Although this should be a relatively easy subject for most law students, the fact that you only have 2 hours and 15 minutes to answer 6 essay questions makes it more difficult. Further, since it is administered the day after the bar exam, there isn't as much preparation time as one would hope for.

Overall, the entire process spans three days. A student who fails either the Bar exam or the Professional Responsibilities exam will not be admitted as a lawyer. It is a stressful process that no one would want to go through twice. And while there is certainly a sense of accomplishment once it is over, all of us are seeking that vindication from the Bar examiners once the results are released.

With that said, I wish my fellow bar-takers the best of luck when the results are posted.

UPDATE: Washington has just posted results for the bar exam, which can be viewed here.