The Supreme Court of Washington has recently made a significant move by endorsing new routes for attorneys to obtain their licenses, bypassing the traditional bar exam. This decision adds considerable weight to the growing movement towards alternative licensure options for legal professionals.
Washington’s Groundbreaking Decision
On a recent Friday, the Supreme Court of Washington sanctioned “in concept” two innovative licensing methods specifically designed for graduates of law schools. The first method introduces an apprenticeship program, where graduates will work under the guidance of seasoned attorneys for a duration of six months. Following this period, they are required to present a portfolio of their work for evaluation. The second method offers law students the opportunity to accumulate 12 credits through skills-based courses and complete 500 hours of practical legal work prior to graduation. Successful completion and portfolio submission to the Washington State Bar will result in licensure.
A Growing Trend Across the States
This move by Washington follows in the footsteps of Oregon, which, in November, adopted a similar apprenticeship pathway for its law school graduates. This trend is not new; Wisconsin and New Hampshire have long offered alternatives to the bar exam for licensing law graduates. Moreover, the highest courts in California, Minnesota, and Utah are currently deliberating on proposals to license attorneys without the bar exam. Nevada and South Dakota are also in the process of developing similar proposals.
Addressing Legal Deserts and Fairness
Anthony Varona, Dean of the Seattle University School of Law, and a member of the Washington Bar Licensure Task Force, emphasized that these new licensure options are aimed at protecting the public. They seek to mitigate the issue of “legal deserts” in Washington and address concerns of fairness and bias associated with the conventional licensing process. The task force presented its recommendations to the court in October, following a period of public consultation. While the exact timeline for the implementation of these new pathways has not been disclosed, the Washington State Bar Association has been directed to form a committee to explore viable implementation strategies.
The Challenge of Traditional Bar Exams
The task force highlighted research indicating that the traditional bar exam disproportionately prevents historically marginalized groups from entering the legal profession and imposes a financial strain on graduates. In line with the emerging trend, Oregon’s new licensing program requires law graduates to complete 675 hours of supervised work and submit a portfolio of legal work for assessment, an alternative to the conventional bar exam.
The State Bar of California is also exploring a similar initiative, proposing a program where law school graduates would undertake between 700 to 1,000 hours of supervised legal practice. Participants would then submit a work portfolio for evaluation by the state bar, with successful candidates earning their license. This proposal is awaiting the green light from the state’s supreme court.
These developments signal a significant shift in the licensing of legal professionals, aiming to create more equitable and accessible pathways to the profession while ensuring the public’s protection through competent legal representation.