General Practice Law at Guam (US)
General Practice Law at Guam (US)
Guam is an unincorporated territory of the United States, and its legal system is largely based on U.S. federal law and its own local laws, which are often modeled after U.S. legal principles. Practicing "general law" in Guam means handling a broad range of legal matters for individuals and businesses, similar to how it operates in many U.S. states.
Here's an overview of general practice law in Guam:
1. Legal System in Guam:
U.S. Federal Law Applicability: Most, but not all, U.S. federal laws apply to Guam. This includes the U.S. Constitution, federal statutes, court decisions interpreting federal laws, and regulations from federal administrative agencies.
Guam Local Law: Guam has its own body of local law, including:
Organic Act of Guam: This is the main governing document, passed by the U.S. Congress in 1950, which serves as Guam's de facto constitution.
Guam Code: Laws passed by the Legislature of Guam and periodically codified.
Guam Administrative Rules and Regulations (GARR): Rules devised by Guam governmental agencies.
Judicial System:
Superior Court of Guam: This is the trial court of general jurisdiction, handling criminal, civil, juvenile, probate, small claims, traffic, and child support cases.
Supreme Court of Guam: This is the highest judicial body of Guam, hearing all appeals from the Superior Court. Its decisions are appealable directly to the U U.S. Supreme Court, similar to state supreme courts.
District Court of Guam: This is a federal court that handles federal cases and formerly had appellate jurisdiction over local cases. Appeals from the District Court of Guam go to the Ninth Circuit Court of Appeals.
2. What General Practice Law Entails in Guam:
General practice attorneys in Guam typically handle a diverse caseload, which can include:
Civil Litigation: Disputes between individuals or entities, such as contract disputes, personal injury claims, property disputes, and business litigation.
Family Law: Divorce, child custody, child support, adoption, and domestic violence issues.
Real Estate Law: Property transactions, landlord-tenant disputes, zoning issues, and real property development.
Business Law: Formation of businesses, contract drafting and negotiation, corporate governance, and commercial transactions.
Criminal Law: Representing clients accused of various crimes, from misdemeanors to felonies.
Probate and Estate Planning: Drafting wills, trusts, and other estate planning documents, as well as handling the probate process for deceased individuals' estates.
Immigration Law: Assisting individuals with visa applications, green cards, naturalization, and other immigration matters, especially given Guam's unique relationship with the U.S.
Government Contracting & Procurement: Given the significant federal and local government presence, this can be a notable area of practice.
3. Requirements to Practice Law in Guam:
To become a licensed attorney in Guam and engage in general practice, you must meet stringent requirements, primarily administered by the Guam Bar Association and the Guam Board of Law Examiners:
Education: Earn a Juris Doctor (JD) degree from an American Bar Association (ABA)-accredited law school. If you have foreign legal education, it may be assessed for equivalency.
MPRE: Pass the Multistate Professional Responsibility Examination (MPRE) with a score of at least 80.
Guam Bar Exam: Pass the Guam Bar Exam. While Guam is not a Uniform Bar Exam (UBE) jurisdiction, its exam includes components similar to the UBE:
Multistate Bar Examination (MBE): A six-hour, 200-question multiple-choice test on fundamental legal principles.
Multistate Performance Test (MPT): Two 90-minute tasks requiring analysis and application of laws to specific scenarios.
Multistate Essay Examination (MEE): Six 30-minute legal essays on various subjects.
Local Question: A jurisdiction-specific component of the Guam Bar Exam.
Character and Fitness Review: Undergo a thorough character and fitness investigation conducted by the National Conference of Bar Examiners (NCBE).
Application Process: Complete the Guam Bar Registration Form, provide official law school transcripts, and submit current Certificates of Good Standing from any other jurisdictions where you are admitted.
Attorney's Exam: Guam offers an "attorney's exam" for those who have been admitted to the bar of another U.S. state for at least five years and have been actively practicing law for the last five years. This exam does not require the MBE.
Temporary Admission: Temporary admission to the Guam bar is possible for attorneys practicing for five years or less.
Government Attorneys Exception: Attorneys in good standing licensed to practice in other jurisdictions may practice as government attorneys in Guam for up to five years without taking the local bar exam.
4. Professional Associations:
Guam Bar Association (GBA): This is the mandatory bar association for attorneys in Guam. It provides resources, a directory of members, ethics guidelines, and information on continuing legal education (CLE) requirements.
5. Job Prospects and Law Firms:
There is generally a demand for licensed attorneys in Guam. Many government agencies and private firms are hiring. You'll find a range of law firms in Guam, from larger firms with multiple practice areas to smaller, specialized firms or solo practitioners. Examples of firms that appear to handle general practice or a broad range of civil matters include:
Arriola Law Firm
Blair Sterling Johnson & Martinez, P.C.
Camacho & Taitano LLP
Roberts Fowler & Visosky LLP
In essence, practicing general law in Guam offers a diverse legal experience within a U.S. common law framework, but with unique local laws and a distinct island culture.
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