No bar exam required to practice law in Oregon starting next year
reuters.com
reuters.com
This is not always stated explicitly, but will turn up in board minutes if you have access to them. Many professional boards have added a DEI committee or incorporated language into their mission statement in recent years as well (Oregon bar statement: https://www.osbar.org/diversity/programs.html).
I'm never clear whether the hypothesis is "more DEI = more efficacy && competency," or whether the hypothesis is "benefits of (DEI) > benefits of (efficacy && competency)." The former hypothesis at least seems more testable, but I'm not sure whether anyone is trying very hard (meta-analysis: https://academic.oup.com/tbm/advance-article/doi/10.1093/tbm...).
> I'm never clear whether the hypothesis is … or …
It’s possibly both. I’ve seen a lot of arguments (poorly cited usually) to the affect of
* diverse organizations tend to perform better. The general claim is that providing psychological safety enables people to work better. And diverse groups of people have more different experiences, and can contribute increasingly different ideas and perspectives.
* DEI initiatives are beneficial people and society at large. This claim is obvious.
So it can be true that the benefits of these initiatives are important AND they lead to better performing organizations.
Oh, and the software that's used to conduct the test is practically malware in the way it operates. At the NY State Bar exam I took there were about 100 people who didn't finish because the crappy software crashed and you had to handwrite the whole thing from the first question on. If it crashes your computer, you might as well leave since you won't have time to finish.
Really, the bar exam has virtually nothing in common with the actual practice of law. It's a separate skill, like taking the SATs. Although, there are so many legal niches that it's unlikely that testing real law would really resemble how legal practicecs work today anyway. It's pretty much an arbitrary test that might fry your computer. Hopefully they at least they should have released a newer version of the software in the intervening years.
In cities that just won't die like San Francisco, they spend $300 million dollars on a homeless problem that would put thousands of diversity hires out of a job if it was ever solved. They do a subway expansion that costs more than $1 billion dollars for a mile, and they demand more taxes to fix problems that could be solved by simply enforcing the existing laws.
Source: the entire civil rights movement going all the way back to slavery
However, most professional boards are created with an explicit mandate to promote efficacy and competency, which makes a hypothesis like "benefits of (DEI) > benefits of (efficacy && competency)" rather troublesome for a professional board to rally around. Even if true, it seems out of scope.
The "more DEI = more efficiency && competency" hypothesis seem like it should be where a professional board should focus its efforts and messaging instead.
Assuming she hasn’t attended yet (and therefore just took the LSAT, not the bar exam), most schools will accept letters of recommendation from anybody that can speak to your sister’s ability to succeed in law school. That can be her current employer, past employers, colleagues, past professors, community members she’s volunteered with, etc. If she can’t find literally anybody, she might be able to network with local attorneys to get a basic letter to help her meet requirements.
And law students complete internships whilst they’re in school, not sure who told her she couldn’t work for a firm during her studies. However, many schools do have a rule against allowing 1L (first-year) students to work as it could interfere with their studies. I agree that it sucks when you’re not already wealthy, though. She could see if the firm she currently works at would allow her to go on leave, coming back as an intern after her first year. Alternatively, she could do a part-time program.
Disclaimer: I’m also applying to law school this cycle, so actual lawyers may have better info.
A potential client will see a "diverse" lawyer and think "this person was hired because of DEI rather than competence."
Prudent clients will insist on white male lawyers because they must be competent to have jobs in a DEI environment. So actually competent lawyers from minorities suffer because of DEI policies and laws.
Virginia is one of two(?) states that allow an apprenticeship ("reading the law") to replace law school. But the bar exam is still required. And the pass rate here is much lower than law school graduates.
Will there be some people who can be effective lawyers without passing the bar? Probably - in the sense that there are some people who can be effective software engineers coming out of a coding bootcamp. That doesn't mean that 95% aren't incompetent people looking to make a quick buck.
I’ll posit one more: a holistic intuition of how the law “works”. The law is unfathomably large. As a lawyer, you have to make numerous decisions that involve novel circumstances or that you simply don’t have the opportunity to research beforehand. So you need to base a surprising number of decisions on instinct, experience, or derivation from first principles.
The law reader program requires an undergraduate degree and 3 years of apprenticeship under a supervising attorney, so it doesn't save time vs law school. It only saves money.
A small number of people undertake and complete the law reader program in VA. Likely because it's not viewed as a good value - if you complete law school, but fail the bar, at least you still have a post-graduate degree (that's generally viewed favorably in general).
But, IANAL or expert in this program, just interesting the different options to get into a law practice.
From the program rules... "Each calendar year shall consist of at least 40 weeks, with a minimum of 25 hours of study each week..."
For folks who don't know, lawyers really like JDs, to the point that if you want to be a recruiter for lawyers, you probably need a JD. If you want to be a career counselor at a law school, you probably need a JD.
They can be this choosy because there's enough people with a JD who don't want to be a lawyer or can't hack it as one.
Doing the unit conversion for everyone else: that's 17 versus 48 workweeks, assuming 40 hours/week in both cases.
Lincoln was one of the famous lawyers that never attended law school:
https://www.politico.com/story/2016/11/lincoln-admitted-to-p...
However IMHO there are plenty of attorneys, perhaps too many, and de-professionalizing the practice of law, at this moment in time, will not be a good thing for judges, other attorneys, and the administration of justice.
But read carefully what Oregon is doing:
> After law school, candidates will spend 675 hours working under the supervision of an experienced attorney and create a portfolio of legal work that bar officials will grade as an alternative to the traditional bar exam.
I think this policy gets the problem backwards. Kids are actually spending too much time and money in law school. The preparation and sitting for a grueling 2-3 day exam more closely approximates one aspect of the profession, than yet another year of law school. I'd be more pleased if we re-adopted the apprenticeship model, as an alternative to some law school, and reduced the traditional law school curriculum to 2 years.
A very involved exam stretching over multiple days would be much faster and more likely to achieve the stated purpose of licensing competent people.
I kinda see the point, practice is important. But I'm not about to transition careers and work as an apprentice at this stage in life.
In the end either way the job is done right, but I know how much slower I am. I could get faster with experience, but it isn't worth my time.
You can’t guarantee what someone’s job is day to day, and what they get to learn, at scale. Also the pay is terrible at most of these jobs, and significantly raises the cost to enter the field.
"You are not certified to use this obscure electrical diagnostics tool, I have to do it for you."
"Hey, cool, I helped write the firmware for this tool. Let me show you an undocumented command."
"You are not certified to use this obscure electrical diagnostics tool, I have to do it for you."
"Type this command number in, it thinks you're saying thank-you to it, and it will print You're Welcome".
The guy types it in, it prints YOU'RE WELCOME. I ask if he wants to know anything about this tool from one of the developers.
"You are not certified to use this obscure electrical diagnostics tool, I have to do it for you."
It was a very embarassing interaction.
I agree it's kind of weird if it were just a personal interaction with no surrounding context.
However, it wouldn't hurt to shorten law school from three to two years. The third year is a waste.
If you’ve done law school, that should be good enough. No need to pin everything on one exam.
A test can easily test the former, and schooling doesn't do anything to test the latter.
If you talk to someone for thirty minutes about the same subfield as you do, you can definitely tell whether they know it. Mass testing on paper is harder because of cheating (even if only a small minority does it, it defeats the purpose). It's orders of magnitude cheaper to have a good test, one-on-one if need be, as compared to hiring all the teachers necessary to give everyone a standardized education.
I've learned very little in my master's. Call me the problem for already knowing most concepts and just having to learn-by-heart some protocol byte offsets (yes, that was actually asked on a closed-book test), but a year of memorization of some specific things is and getting a certificate for that is far less valuable/actionable than making sure someone can do the actual job and giving a certificate for that. Yet the former certificate is what most companies base starting pay grade on, or for being considered at all, no matter what they claim before you get to HR.
(Edited the number in first response line from hyperbole to actual estimate. Also loving that people are downvoting reality they, I guess, don't like? Or what's the problem?)
Professional licensing is generally a scam that allows people in a trade to control competition among other things. Under color of government it’s given the veneer of “protecting the public” but in reality it’s protectionist and also used to punish people who don’t think or act like the licensing organization prefers.
I have a friend in WA that has been a paralegal for over a decade who is currently going through the process. In most states you are not allowed to take the bar unless you have a law degree, but in WA, CA, I'm sure others, you can take the bar after studying under a lawyer for X hours (not sure the number, but its a lot).
You can still take the bar exam if you want.
But combining people who want to profit with more people who want to "do lawyer things" is a bad recipe.
> Candidates will spend 675 hours working under the supervision of an experienced attorney [...] submit at least eight examples of legal writing, take the lead in at least two initial client interviews or client counseling sessions, and head up two negotiations
> a Supervising Attorney [...] is an active member of the Oregon State Bar [...] has no record of public discipline in any jurisdiction to which they are or have been members [...] is employed by the same Employer as the Provisional Licensee
This looks, instead, like the standard apprenticeship model, and while I'd be slightly wary of the journeyman->master requirements, the apprentice->journeyman requirements seem pretty exhaustive and likely to produce results as good as or better than the bar exam. It takes less than 675 hours to study to pass the bar, but you were going to spend that amount of time informally apprenticed and do this much work anyway.
Meanwhile, the bar exam has got its problems, that make replacing it with a formal apprenticeship seem like a great idea. To quote a lawyer I know: "The bar exam does not teach useful or meaningful law. You don't learn <state> law on the <state> bar exam. You are tested about imaginary "common" law concepts that are often specifically replaced by statutes in a given state. If I tried to use the bar exam definition of burglary in <state>, that would be malpractice. In fact no jurisdiction uses the common law definition of burglary." Law is extremely state-by-state, and a theory-based test on an imaginary legal code, while productive, is likely to be a lot less productive than graded real legal work on the real legal code.
But the bar also tests quite a bit about the concept of liability, the essentials of contract, constitutional law, intent, and I'm sure a bunch of other topics. Are those of so little value that it's worth ditching? Is 1/3rd of a working year (675 hours) enough to cover all those topics? What if the attorney is an estate planner? Or a litigator? It would seem this risks making the minimum experience of a given lawyer potentially more lopsided.
>The Oregon Supreme Court on Tuesday approved an alternative licensing program that bar exam reformers hope will spur further innovation in other states. After law school, candidates will spend 675 hours working under the supervision of an experienced attorney and create a portfolio of legal work that bar officials will grade as an alternative to the traditional bar exam.
>In addition to completing 675 hours of paid legal work, participants in Oregon’s new program must submit at least eight examples of legal writing, take the lead in at least two initial client interviews or client counseling sessions, and head up two negotiations, among other requirements. The applicants' portfolios would then be graded by Oregon bar examiners, and those with qualifying scores would be sworn into the state bar.
Also relevant:
> Wisconsin allows graduates of the state's two law schools to become licensed without passing the bar in what is known as a diploma privilege, and New Hampshire allows a small cohort of law students who complete a specialized curriculum to bypass the bar.
I’m one of those people that doesn’t have a “I’ll have my lawyer look at that” kind of relationship with anyone as I e never needed a lawyer. How would I best find a lawyer In my city if I have something come up and need one quickly? Is there a ratings system or reviews system? From the outside it’s like a big gray box with cost and word of mouth recommendations being the only sliders.
Another approach is to pick a few lawyers (read things they’ve written, online reviews, etc.) then do intro calls and pick the one who clicks best. Do a couple of low stakes projects with them to feel out their competency.
I’ll note that it can be worthwhile to match the professional to the task. No reason to pay top dollar to a specialist if all you need is some common boilerplate that any lawyer can do. You’ll also need to line up separate commercial and criminal lawyers.
Can be a good starting point depending on what you're looking to do.
Ultimately peer recommendations are the best - if you know a lawyer ask them to recommend someone good or if you know an accountant ask them to recommend a good lawyer, etc.
I can do logic. I have done well in technical fields so far. I don't see why law is any different, I've had my run-ins with various contracts already.
If I could study, take a test, and participate, it would increase the supply, decreasing cost. Oh yeah, politics, a special interest group increased barrier to entry.
I didn't pass the bar, but I know a little bit. Enough that you won't illegally search my shit.The other side of the coin is that the public defenders might get worse.
So take this for what it's worth...
So take this for what it's worth