Should the bar exam be barred?
3 mins reading time
The bar exam has traditionally been the final hurdle before becoming a licensed attorney in the United States. However, there has recently been a growing movement away from the bar exam and towards hands-on training and licensing methods.
Oregon has already approved a supervised practice model and separately an experiential model to become a licensed attorney. California, Minnesota and Utah courts are also considering proposals for alternative pathways into licensed practice. Meanwhile, Nevada and South Dakota are assessing other pathways to move away from the bar exam. In total, seven states have either amended their admission rules or are considering doing so.
As a case in point, on November 20 2020, the Washington Supreme Court issued an order and charter creating the Washington Bar Licensure Task Force (WBLTF). The WBLTF was tasked to assess the efficacy of the Washington state bar licensure requirements for licensing lawyers, to consider alternatives to the current licensing requirements and to analyse potential alternatives.
In its report, the WBLTF stated that the bar exam “disproportionately and unnecessarily blocks historically marginalized groups from entering the practice of law” and that the exam is a financial burden for law graduates.
After public comment, on 15 March 2024, the Washington Supreme Court approved five of the seven recommendations from the WBLTF for changing the current licensing pathways.
One of these recommendations was a six-month graduate apprenticeship program for graduates to gain practical skills and demonstrate knowledge under the guidance and supervision of a qualified attorney. Another recommendation was the completion of twelve qualifying skills credits and 500 hours of work as a licensed legal intern or equivalent providing legal services to actual clients. The students would then submit a portfolio representing the work done during these hours.
What does this mean for lawyers overseas, including in Australia? This growing shift away from the traditional bar exam in the United States will likely trickle through to other jurisdictions in the country, and over time, may even influence overseas legal admission requirements.
Although there is no specific exam for lawyers in Australia being admitted to practice, there is an increasingly popular pathway for law students to undertake supervised legal training instead of studying practical legal training. Whether such a seismic change in the United States leads to greater access to the legal profession for those experiencing a disadvantage remains to be seen.
The information contained in this article is general in nature and cannot be relied on as legal advice nor does it create an engagement. Please contact one of our lawyers listed above for advice about your specific situation.
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Should the bar exam be barred?
The bar exam has traditionally been the final hurdle before becoming a licensed attorney in the United States. However, there has recently been a growing movement away from the bar exam and towards hands-on training and licensing methods.
Oregon has already approved a supervised practice model and separately an experiential model to become a licensed attorney. California, Minnesota and Utah courts are also considering proposals for alternative pathways into licensed practice. Meanwhile, Nevada and South Dakota are assessing other pathways to move away from the bar exam. In total, seven states have either amended their admission rules or are considering doing so.
As a case in point, on November 20 2020, the Washington Supreme Court issued an order and charter creating the Washington Bar Licensure Task Force (WBLTF). The WBLTF was tasked to assess the efficacy of the Washington state bar licensure requirements for licensing lawyers, to consider alternatives to the current licensing requirements and to analyse potential alternatives.
In its report, the WBLTF stated that the bar exam “disproportionately and unnecessarily blocks historically marginalized groups from entering the practice of law” and that the exam is a financial burden for law graduates.
After public comment, on 15 March 2024, the Washington Supreme Court approved five of the seven recommendations from the WBLTF for changing the current licensing pathways.
One of these recommendations was a six-month graduate apprenticeship program for graduates to gain practical skills and demonstrate knowledge under the guidance and supervision of a qualified attorney. Another recommendation was the completion of twelve qualifying skills credits and 500 hours of work as a licensed legal intern or equivalent providing legal services to actual clients. The students would then submit a portfolio representing the work done during these hours.
What does this mean for lawyers overseas, including in Australia? This growing shift away from the traditional bar exam in the United States will likely trickle through to other jurisdictions in the country, and over time, may even influence overseas legal admission requirements.
Although there is no specific exam for lawyers in Australia being admitted to practice, there is an increasingly popular pathway for law students to undertake supervised legal training instead of studying practical legal training. Whether such a seismic change in the United States leads to greater access to the legal profession for those experiencing a disadvantage remains to be seen.