Washington law students may ‘bypass’ bar exam, Supreme Court rules

Washington will no longer require prospective attorneys to pass a bar exam to practice law, the state Supreme Court ruled Friday.

FOX News reports the court issued two orders to explore "alternative pathways" to licensing, citing the barriers for becoming a lawyer that disproportionately challenge people of color and lower-income students — barriers that do not necessarily make for better lawyers, the state's Bar Licensure Task Force found.

"[The exam] disproportionately and unnecessarily blocks marginalized groups from entering the practice of law… [and is] at best minimally effective for ensuring competent lawyers." wrote the task force, "In addition to the racism and classism written into the test itself, the time and financial costs of the test reinforce historical inequities in our profession."

Law experts have grown increasingly concerned of "legal deserts" in Washington.

During the COVID-19 pandemic, concerns over the efficacy of the state's bar exam prompted the Supreme Court to convene the task force to explore alternative licensing pathways.

Keep reading to learn more about this new Washington Supreme Court ruling, and what it means for prospective attorneys. 

How do you become a lawyer in Washington state without taking the bar exam?

The Supreme Court approved three alternatives to the bar exam. One is a new apprenticeship program where law school graduates work under a professional lawyer for six months, then submit a work portfolio for evaluation. The other is for students to complete 12 credits of skills coursework, 500 hours of legal work before graduation, and then submit the same work portfolio to the State Bar for licensing.

The last is for law clerks who do not attend law school to complete standardized educational materials under a professional lawyer mentor, plus 500 hours of work as a legal intern.

Why is Washington state getting rid of the bar exam?

Washington is not axing the bar exam, and isn't even the first state to consider alternatives to it.

Wisconsin and New Hampshire have offered alternatives for years, and Reuters reports that in November, Oregon adopted an "apprenticeship pathway" for law school grads. California, Minnesota, Utah, Nevada and South Dakota are currently exploring other licensing pathways.

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The changes have not come into effect just yet. Officials are working on a timeline for when these alternatives become available. Oregon's apprentice pathway begins in May.