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Oregon is set to blaze a new trail as it contemplates becoming the first U.S. state to introduce a large-scale attorney licensing pathway that circumvents the conventional bar exam or the necessity of graduating from an in-state law school.
This groundbreaking proposal, known as the “Supervised Practice Portfolio Examination,” is currently under consideration by the Oregon Supreme Court. It will enable law school graduates to obtain licensure after completing 675 hours of supervised legal work, providing a fresh and practical alternative to the traditional bar exam route. This initiative marks a significant departure from the norm, potentially setting a precedent for legal education in the United States.
The concept of this alternative licensing pathway emerged in response to the disruptions caused by the COVID-19 pandemic, which severely impacted bar exams across the nation. Oregon initially joined the ranks of five states that implemented a temporary “diploma privilege” system during the early stages of the pandemic, allowing law graduates to become licensed without undertaking the bar exam. However, all five states eventually reverted to requiring the traditional bar examination.
The proposed program aims to provide a well-structured and comprehensive path to licensure for aspiring attorneys. Under this scheme, prospective lawyers would be required to complete a minimum of 675 hours of supervised legal work, a duration chosen to align with the average amount of time candidates typically spend preparing for the bar exam. As emphasized by Brian Gallini, Dean of Willamette University Law and a committee member who contributed to the proposal’s development, this approach offers a balanced and rigorous alternative to the bar exam.
In addition to the requisite hours of supervised legal work, applicants would be tasked with submitting a portfolio containing at least eight examples of their legal writing. They would also need to take the lead in at least two initial client interviews or counseling sessions and assume leadership roles in at least two negotiations, among other essential criteria. This multifaceted evaluation process ensures that candidates have theoretical knowledge and possess practical skills necessary for legal practice.
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After completing these requirements, candidates’ portfolios would be evaluated by Oregon bar examiners, who would assess their qualifications. Those achieving qualifying scores would then be eligible to be sworn into the state bar. Importantly, participants in this program would receive compensation for their legal work, eliminating a significant financial burden often associated with the traditional bar exam.
The Oregon State Board of Bar Examiners showed unanimous support for this innovative proposal by voting to forward it to the state’s high court on August 24. The ultimate decision on its implementation rests with the Oregon Supreme Court, signifying the significance of this initiative in reshaping the landscape of attorney licensing.
Dean Gallini believes this novel approach could serve as a model for other states grappling with the challenges of traditional bar exams. “I think other states are looking at these rules and seeing if it’s viable for them,” he remarked. The committee intended to draft rules that could be potentially adopted by other states interested in providing aspiring lawyers with a flexible and practical licensure pathway.
Presently, only Wisconsin permits graduates of its two law schools to be licensed without requiring passage of the bar exam. At the same time, New Hampshire allows a select group of law students who complete specialized coursework to bypass the bar. However, Oregon’s proposed supervised practice program aims to make this alternative available on a broader scale, extending this opportunity to law students within and outside the state.
Oregon bar examiners are also in the early stages of developing a second alternative licensing pathway in an exciting development. This forthcoming pathway would see students at the state’s three law schools spending their final two years of legal education engaged in practice-based coursework, further expanding the options available to future attorneys.
If the Oregon Supreme Court embraces the Supervised Practice Portfolio Examination, it could herald a transformative shift in how the legal profession is entered and pave the way for similar initiatives nationwide, potentially reshaping legal education and practice as we know it. Oregon stands at the forefront of legal innovation, poised to set a remarkable precedent for aspiring attorneys across the United States.
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