From the Bismarck Trib:

As an attorney specializing in American Indian law, Robert Brauchli routinely fields questions from fellow lawyers about where to file a complaint if a client slipped and fell in a tribal casino or if there was a vehicle accident on reservation land.

With 22 American Indian tribes in a state more than one-quarter covered by tribal lands – more than any other state – those jurisdictional issues are likely to surface at least once in an Arizona attorney’s career.

That’s the main argument behind a push to have American Indian law added to the state bar examination. If a complaint is filed in the wrong court, attorneys run the risk of malpractice lawsuits, missing the statute of limitations or simply wasting client’s time and money.

“There should be some general concepts of tribal jurisdiction that a general practitioner should know to stay out of trouble,” Brauchli said.

The state Supreme Court considered a petition from the State Bar of Arizona to add the new legal area last month but is holding off on a decision pending a study on a uniform bar exam. Continue reading →