Emergency Diploma Privilege Facilitates Forward Momentum for BYU Law Class of 2020
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Emergency Diploma Privilege Facilitates Forward Momentum for BYU Law Class of 2020 BY RACHEL EDWARDS n April 23, 2020, leaders from byu Law and the model of licensure referred to as members of byu Law’s S. J. Quinney College of Law at “diploma privilege plus,” which O graduating class took the University of Utah. allowed eligible candidates2 to part in the Law School’s first- In a statement accompany- become licensed to practice ever virtual graduation celebra- ing the order, the court wrote: law in Utah after finishing 360 tion. The remote celebration was hours of practice under the just one example of adaptations At present, the Court cannot supervision of an experienced, being made at colleges and uni- guarantee the Bar’s ability to safely licensed attorney, completing To date, nearly 200 candi- versities throughout the nation administer the Examination. Nor the Utah State Bar New Lawyer dates have applied for diploma as faculty, administrators, staff, is the Court in a position to predict Training Program, and passing privilege with the Utah State Bar. and students navigated the when it may be able to offer the the Multistate Professional We spoke to four such candi- personal and professional com- Examination. This creates hardship, Responsibility Examination. dates from byu Law about their plexities of the global corona- risk, and uncertainty for a range Deans D. Gordon Smith of experiences. virus pandemic. of individuals and organizations— byu Law and Elizabeth Kronk Just two days prior to that for law school graduates whose Warner of the S. J. Quinney Ashley Waddoups celebration, the Utah Supreme professional plans and future liveli- College of Law voiced their associate at ballard sphar Court took a bold step toward hood depend on receiving a license mutual support of the court’s mitigating pandemic-related to practice law, for the public and decision: Prior to graduation, Ashley hardships for Utah’s legal com- private entities who have factored Waddoups received an offer munity by announcing tempo- these graduates into their plans, We applaud the Utah Supreme from Ballard Sphar, a national rary amendments to the Utah and for the clients these new law Court for being at the vanguard firm specializing in litigation, State Bar admission procedures. graduates could serve at this of this issue. Asking our new law business transactions, and The court’s order made Utah the crucial time. school graduates to wait for an finance. She completed her first jurisdiction in the nation . We are also committed to uncertain, future bar examina- practice hours under the super- to grant emergency diploma preserving excellence and high tion would be truly disastrous for vision of partners from Ballard’s privilege during the covid-19 ethics in the practice of law, and citizens who need immediate legal Salt Lake City office and says pandemic. The court’s unani- to protecting the public, whose help, employers who need support, that despite working entirely mous decision to authorize the lives and livelihoods may be in the and the graduates themselves. remotely due to covid-19, the alternative path to bar licensure hands of licensed lawyers.1 Allowing immediate access to the transition from law school came after fervent public debate job market allows them to put their student to attorney has been a and through collaboration with With these objectives in resources and talents into helping relatively smooth process. “I’m the Utah State Bar and academic mind, the court authorized a the most vulnerable Utah citizens.3 grateful to the Utah Supreme 38 clark memorandum in government and public Annemarie Garrett service practice. He accepted associate at a clerkship with the district kirton mcconkie court for the Fourth Judicial District of Utah and completed “I’m grateful the court was able the required 360 supervised to think outside the box and be practice hours clerking for flexible. I believe the diploma Associate Presiding Judge privilege option strengthened Kraig J. Powell and Judge the law community in Utah Derek P. Pullan before being overall,” says Annemarie Garrett, admitted to the Utah State who accepted a position Bar in October 2020. “Judges working in litigation at Kirton Powell and Pullen gave me McConkie in Salt Lake City significant projects in criminal before the coronavirus pan- law, civil law, and family law. It demic hit. “The most significant was nice to be able to focus my aspect of diploma privilege attention on those projects and is that, rather than taking an not divide my time between abstract exam, I qualified for work and studying for the my license through practical bar. I’ve been able to learn in experience doing the type of an enhanced way the rules of lawyering work I was hired to do civil procedure and the rules of in the first place. I think that’s evidence,” he says. beneficial.” Garrett says she has Cooper also says the a history of doing well on exams diploma privilege option eased a and passed the Multistate Ashley Waddoups financial burden. “I had saved up Professional Responsibility all through law school for a bar Examination. “I was confident I prep course,” he says. “When licensing through diploma privi- Court,” says Waddoups. “With opportunity to make large-scale lege became available, I was Annemarie Garrett all the issues going on in the change. In law school, I had the able to cancel that class, which bradley slade (2) world, I don’t have to worry privilege of volunteering with saved my family thousands of about whether I’m going to be the Timpanogos Legal Center dollars. I have a wife and two able to work.” with victims of domestic vio- kids, and that savings covered The court has encouraged lence. Moving forward, I hope about a month of household diploma privilege candidates to contribute to my community expenses, including rent.” to complete their supervised in similar ways to make justice When it comes to the court’s practice by offering pro bono more accessible to people in decision, Cooper recognizes representation to those mem- Utah. So many people have the important contribution bers of the public most affected given so much to me, and I made by academic leaders by the covid-19 global pandemic, would love to have the opportu- from Utah’s legal community. and Waddoups is grateful to nity to give back.” “I saw many professors and be working for a firm that also administrators from both byu encourages its associates to Devin Cooper and the University of Utah post donate their time for the public clerk with utah’s fourth comments to the Utah Supreme good. “One of the reasons I was judicial district court Court on behalf of students,” he attracted to Ballard Sphar is that says. “This option was made they value diversity, pro bono For Devin Cooper, the court’s possible because of a lot of work, and other values that I temporary order for diploma work and sacrifice by many hold in my own life,” she says. privilege during the pan- people when it seemed that the “A really good way to influence demic has been beneficial world was shutting down due social change is through work- both personally and profes- to the pandemic. I am tremen- ing with businesses and larger sionally. During law school, dously grateful, and I know my corporations that have the Cooper developed an interest classmates are too.” clark memorandum 39 Cory Thompson bradley slade could pass the bar, even though says. “I loved law school and to the coronavirus, the entire actual job on the job,” he says. I was not looking forward to the everything I learned. And I love onboarding experience was “Frankly, I don’t think anything preparation the exam would being a lawyer.” virtual. “In April, eBay globally can replace practical experi- require,” she says. “I believe my closed its offices for all but ence. It’s more valuable than time was better spent working Cory Thompson essential workers that had to just about anything else.” through the diploma privilege in-house counsel at ebay be on-site,” he says. “All my requirements.” interviews were done by Zoom, notes When it comes to diploma As Cory Thompson prepared to and my corporate equipment privilege, Garrett wants to give graduate from byu Law, covid- was mailed to my house. I’ve 1 Utah Supreme Court, statement credit where credit is due. “I 19 was rapidly changing the never actually set foot in my accompanying temporary order, think the decision was handled hiring landscape. Prior to law office in Salt Lake.” Utah State Bar Diploma Privilege very well by the court. Kirton school, Thompson had worked As an attorney with eBay’s Resources, utahdiplomaprivilegeorg McConkie was considerate of for over a decade as lead con- commercial contracts team, .files.wordpress.com/2020/04 the safety and interests of the tracting officer for the United Thompson is engaged in a /statement-accompanying graduates, and I really appreci- States Air Force and, later, as corporate-wide special project -emergency-proposed-order.pdf. ate both my classmates and my a principal contract negotiator regarding data governance and 2 Eligible candidates include graduates professors for their role in this for the global software security information sharing. “Having of aba-accredited law schools with experience,” she says. One of company Symantec. “In March a solid, well-drafted, clear first-time bar passage rates of at least her reasons for attending law 2020 this [covid-19 pandemic] contract is a critical component 86 percent who had applied to take school was to pursue a career was all brand new,” he recalls.