This is definitely an interesting and pretty major departure from the traditional bar exam route that has been effect for decades. Now, Washington joins Oregon, Wisconsin, and New Hampshire as the few U.S. states that no longer require the bar exam. It will be interesting to see how more populous states like California, Florida, and New York react to the move and if they follow suit. Would you feel more secure with a lawyer representing you who passed the bar exam or does it not matter?
Wednesday, March 20, 2024
No More Bar Exam?
Last week, the Washington Supreme Court approved several new routes to take for law students to become licensed attorneys without needing to take or pass the bar exam. One of the methods includes an apprenticeship program (popularized by Kim Kardashian) while another involves completing 12 credits of coursework and 500 hours of practical legal work prior to graduating. Supreme Court Justice Raquel Lewis stated that "with these alternative pathways, we recognize that there are multiple ways to ensure a competent licensed body of new attorneys who are so desperately needed around the state." An interesting perspective on these different paths to becoming an attorney include that law clerks could become licensed attorneys by completing courses and getting 500 hours of legal work done.
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The bar exam, in it's current state, does not seem to be the most effective way of determining whether someone will be a good lawyer. Having the knowledge is important, but not all of these subjects will matter to all attorneys. If a bar exam will continue to exist, it should be more practical rather than a "standardized test."
ReplyDeleteI do also support options of having an apprenticeship, but I can see certain inequalities being problematic as well. Funding being a major one - these positions will likely only be attainable by individuals with a better financial standing because it is unlikely federal financial aid would be available for the apprenticeship. I do think it would allow students to build more of those practical skills though. Perhaps a solution would be to require all 2 or 3Ls to complete at least a year-long apprenticeship, set up by your school, to allow for the funding to still be available.
The bar exam as it stands today is in need of a major overhaul beyond the NextGen that will be administered soon. I find it ironic that we are expected to memorize basically everything we have learned, yet in practice we have all of the resources at our fingertips.
ReplyDeleteI definitely support the apprenticeship option, but as with anything new it would have to be refined sufficiently to be effective. It will be interesting to see what other states adopt this as an option. I am not sure that Florida ever will.
Melina,
ReplyDeleteThis is a concept that is very interesting to me. I have looked into the requirements that come along with not taking the bar exam and I am not sure how I feel about it. While I do think that going to law school and then taking the bar is something that is crucial for every lawyer to do, I also think that so much can be learned from completing practical hands on legal work in the field. With that being said I worry that it also depends on who is overseeing the hours of practical legal work that are required. When going to law school and preparing for the bar it is done with an approved law school and coursework and a board that oversees the bar. If other states require practical legal work through a supervising attorney, I wonder how they will be able to ensure that each lawyer is being taught the material that they otherwise would be in law school and preparing for the bar.
I always tell people that I have learned 10x more working in a firm part time these past 2 years than I have in law school - because I 100% believe it. Law school teaches you the fundamentals of the law, not how to be a lawyer. There are some great professors that proactively try and teach the business of law, but its nothing compared to actually working in it. If I could go back in time before starting law school and I had a choice between traditional law school and an apprenticeship program, I would take the apprenticeship 10/10 times.
ReplyDeleteI think its a positive that we are looking towards different options for becoming a licensed attorney, as times change and traditional methods are not always necessary.