California Moves One Step Closer to Adopting an Alternative to the Traditional Bar Exam
An alternative licensing program for attorneys in California is one step closer becoming reality.
Yesterday, the State Bar of California’s board of trustees voted to pilot the “Portfolio Bar Exam,” permitting some aspiring lawyers to skip the bar exam and earn licensure by working under the supervision of an experienced attorney and creating a portfolio of acceptable legal work that would be evaluated before admission to the bar.
The "Portfolio Bar Exam" pilot still needs final approval from the California Supreme Court. But it’s exciting to see proposals like California’s moving in that direction. California could be the latest jurisdiction to embrace a bar exam alternative. Earlier this month, Oregon approved a similar program.
Ironically, as someone who has spent his career almost exclusively helping law students pass the bar exam, I’m a huge proponent of eliminating the bar exam because I've seen, first-hand, many of the problems of the current bar exam during my in 15+ years in legal education.
➡️ The bar exam, which requires hundreds of hours of unpaid study time, is a barrier for many aspiring lawyers, particularly those from underrepresented communities. Alternative licensing programs, like Oregon’s and California’s, can increase diversity in the legal profession by providing more accessible pathways to licensing who may struggle with the financial and time constraints of preparing for the bar exam.
➡️ The bar exam does not always adequately assess the practical skills required for practicing law. While the National Conference of Bar Examiners is currently developing the NextGen Bar Exam to address some of these concerns, Alternative licensing programs can provide hands-on experience and a more accurate assessment of a candidate's readiness to practice law that a two-day standardized test may not be able to do.
➡️ The stress and pressure associated with preparing for the bar exam can have a detrimental effect on the mental health of bar exam applicants. Alternative licensing programs can reduce this stress and support the well-being of aspiring lawyers.
➡️ Lawyers specialize in different areas of law. Alternative licensing programs could provide more tailored and relevant assessments, focusing on the specific skills and knowledge needed in an aspiring lawyer’s desired area of law. (I’ve always found it curious that an aspiring transactional business lawyer needs to learn to the outdated English common law elements of burglary for the bar exam, especially when no state has entirely adopted those elements.)
➡️ The legal profession is evolving with new technologies like artificial intelligence. Alternative licensing programs can quickly adapt to these changes compared to the bar exam, where its questions can take multiple years to develop and finalize. Alternative licensing programs can ensure that new lawyers have up-to-date skills and knowledge.
California, I’m closely watching you. And I hope other jurisdictions are paying attention, too.
