7 November – Starting in May 2024, law graduates in Oregon will be able to become licensed without taking the bar exam.
The Oregon Supreme Court on Tuesday approved an alternative licensing programme 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, creating a portfolio of legal work that will be evaluated by bar officials as an alternative to the traditional bar exam.
The programme, called the Supervised Practice Portfolio Examination, will be open to graduates of both in-state and out-of-state law schools – a departure from the two existing alternative licensing programmes in the country.
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 group of law students who complete a specialised curriculum to bypass the bar.
Those wishing to become licensed in Oregon still have the option of taking the bar exam. The State Bar of California is considering a similar alternative route to the bar.
The Oregon State Board of Bar Examiners, which developed the programme, is also planning to create a second alternative licensing pathway in which students at the state’s three law schools would spend their last two years of law school completing practice-based coursework. But it has decided to move forward with the supervised practice option first. Last year, 531 people took the bar exam in Oregon.
The traditional bar exam model has come under increased scrutiny since COVID-19 disrupted lawyer licensing in many states, with critics arguing that it doesn’t adequately test the skills new lawyers need in practice. An updated national bar exam with a greater focus on skills is scheduled to debut in 2026.
Oregon was one of five states to adopt some form of diploma privilege in the early months of the pandemic. However, all five states have since reverted to a bar exam requirement.
In addition to completing 675 hours of paid legal work, participants in Oregon’s new programme must submit at least eight examples of legal writing, take the lead in at least two initial client interviews or client consultations, and lead two negotiations, among other requirements. Applicants’ portfolios would then be evaluated by Oregon bar examiners, and those with qualifying scores would be sworn in to the state bar.
Candidates may count 100 hours of supervised legal work performed in law school clinics or internships towards the 675-hour requirement.