March 11th, 2020

Block v. Texas Board of Law Examiners

Docket: 19-50286
Opinion Date: March 10, 2020
Judge: W. Eugene Davis
Areas of Law: Legal Ethics, Professional Malpractice & Ethics

Plaintiff filed suit against the Board for its refusal to waive the active practice requirement to accommodate his disability. The district court dismissed plaintiff's claim as barred by sovereign immunity. The Fifth Circuit affirmed the district court's dismissal of plaintiff's claims under the first prong of United States v. Georgia, because plaintiff did not allege any conduct that violates Title II of the Americans with Disabilities Act. The court explained that the active practice requirement ensures that applicants have both achieved and maintained the skill and knowledge required to practice law in Texas. By waiving this requirement to admit a lawyer who has neither passed the Texas bar exam nor practiced law for thirteen years would not inform the Board of whether plaintiff currently has the necessary knowledge and skill to practice law. Therefore, the modification plaintiff sought was not reasonable. The court did not reach the issue relied on by the district court. However, plaintiff's claims should have been dismissed without prejudice and thus the court modified the district court's dismissal.

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