Most here seem to agree some kind of check on abilities for those who don't already have suitable education (members of the bar and, in states that have them, certified paralegals) is a good idea. Should it be education, test, or both?
I like the system used by the FCC to test amateur radio operators. For the easiest license, there is a 35 question closed-book test, administered by volunteer examiners. The questions are randomly chosen from a question pool of 350 questions. The question pool is published, so candidates have the choice of either learning the answers to all 350 questions, or learning the principles so they can handle whatever question comes along.
Having the question pool published allows any interested knowledgeable person to contact the association that maintains the question pool to argue that the "answer" to a question is wrong; if the association agrees the question is removed from use until a new question pool is created, which is about every 5 years or so. Questions are also dropped from use if a change in the law or rules makes a question obsolete. |