California Law Grads Could Soon Become Lawyers—Without Taking the Bar

Aspiring lawyers in California may soon be able to become a licensed attorney without taking the bar exam.

Last week, the State Bar of California’s board of trustees voted to test run the Portfolio Bar Exam, an alternative pathway allowing aspiring lawyers licenses to practice law if they work under the supervision of licensed California lawyers for four to six months, Reuters reports.

PROPOSAL SPECIFICS

Under the California proposal, graduates of law schools accredited by either the American Bar Association or the State Bar of California would undergo 700 to 1,000 hours of supervised legal practice. Graduates would then be required to submit a portfolio showcasing their work, including items like client memos and negotiations, for evaluation by the State Bar. Successful candidates would attain licensure without having to take the traditional bar exam.

Proponent of the Portfolio Bar Exam argue that, unlike the traditional bar exam, completing actual legal work provides a more accurate indicator of a law grad’s capabilities. Additionally, proponents highlight that the alternative pathway would alleviate the financial and emotional strain associated with dedicating several months solely to bar exam preparation, as participants would receive compensation for their supervised legal work.

On the other hand, critics of the Portfolio Bar Exam note that the alternative pathway would erode public protections and “allow licensure based on a varying and subjective standard that can be easily manipulated.”

WHAT’S NEXT?

The Portfolio Bar Exam still requires final approval from the California Supreme Court. If approved, California would join the state of Oregon, which recently adopted a similar bar exam alternative program. Oregon’s program officially goes into effect in May 2024.

California’s pilot Portfolio Bar Exam program would be limited to the roughly 100 law graduates currently enrolled in state’s provisional licensing program.

Sources: Reuters, The State Bar of California

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