Published: October 17, 2023

By Ella Harrington

The Future of Law: A Step Away from the Bar Exam?

Image Credit: St. Thomas University  

Becoming a lawyer isn’t easy. First, you need to obtain a bachelor’s degree, take the Law School AdmissionTest (LSAT), pass the LSAT, get into law school, and attend law school. Then, the ultimate test awaits: the formidable bar exam that has been one of the greatest challenges to aspiring lawyers since 1783. However, in Oregon, the bar exam may be changing significantly. 

The bar exam is a nationally recognized examination that is given in every state to determine whether an applicant is qualified to practice law. This two-to three-day exam comprises several sections which assess general legal principles, essay questions and state specific multiple choice and essay questions, practical skills, as well as ethics and professional conduct. 

As of the fall 2023, only the state of Wisconsin permits its two law schools' graduates to obtain a license without passing the bar. A select group of law students in New Hampshire are able to avoid the bar by completing a customized curriculum to bypass the bar. The supervised practice program in Oregon would be more expansive and provide law students in the state and beyond with an alternative to the bar exam.

The proposed initiative, termed the Supervised Practice Portfolio Examination (SPPE), aims to give recent law school graduates the opportunity to get their licenses after completing a minimum of 675 hours of legal work under the supervision of experienced attorneys. This number was carefully determined to correspond to how much time the majority of people devote to their bar exam preparation. Applicants also need to demonstrate their legal expertise by submitting at least eight examples of legal writing, leading at least two initial client interviews or counseling sessions, and managing at least two negotiations, among additional tasks.  This innovative approach emerged as a response to the disruptions caused by the COVID-19 pandemic, which led to the temporary adoption of so-called diploma privilege in several states, including Oregon. For the SPPE to come into effect, the Oregon Supreme Court must vote for its approval. 

While not yet finalized, it is clear that the legal field is changing and currently requires not just theoretical understanding but also practical expertise. Oregon's approach recognizes the changing demands of the legal field by prioritizing supervised, real-world legal practice over a grueling exam. Moreover, the proposal addresses a significant issue: the accessibility of legal education. The requirement of taking and passing the bar exam adds to the financial load that law school graduates commonly face. The state of Oregon makes sure that future lawyers may concentrate on improving their skills without feeling the pressure of mounting debt by providing an alternative path that includes paid legal practice. Oregon's initiative aims to reshape legal education, prioritizing practical skills over exams. It signifies a clear shift toward one crucial goal: fostering a more inclusive and innovative future within the legal profession.