Despite California’s recent decision to reject an alternative path to attorney licensure, experts argue that the broader attorney licensing reform movement remains alive and growing. On October 10, the California Supreme Court turned down a proposal that would have allowed law graduates to skip the traditional bar exam by working under a seasoned attorney and submitting a portfolio of legal work for evaluation. Critics said the plan raised ethical and practical concerns, but reform advocates are undeterred, pointing to progress in other states.
Susan Smith Bakhshian, a professor at Loyola Law School and one of the architects of the Portfolio Bar Exam proposal, called the rejection a “missed opportunity” for California to lead the nation in legal education reform. “The road to reform is long and complex, but this is not the end,” Bakhshian said.
California’s move is seen as a setback by some, especially since the state is the second-largest jurisdiction for attorney admissions in the U.S., behind New York. Many had hoped that California would follow in the footsteps of Oregon and Washington, both of which have recently adopted alternatives to the traditional bar exam.
While California’s rejection may complicate reform efforts in other large states, it hasn’t stalled the national movement. Oregon, for example, introduced an apprenticeship-based licensure model in 2023, allowing law graduates to bypass the bar exam if they complete a supervised training program. Washington and Arizona have followed suit, and several other states, including Minnesota and Utah, are currently considering similar proposals.
“California’s decision is certainly a disappointment, but it doesn’t define the future of attorney licensing,” said Brian Gallini, Dean of Quinnipiac University Law School. “What we’re seeing is real momentum in other states, which will continue to grow.”
Supporters of these alternative pathways argue that they can help address disparities in bar exam pass rates, particularly among minority law students, and better reflect the practical skills lawyers need in today’s legal landscape. By lowering costs for graduates and expanding access to legal services in underserved communities, these programs offer a modern approach to attorney licensure.
Despite progress in states like Oregon and Washington, major jurisdictions such as New York, Texas, and Florida have yet to embrace alternatives. Critics of reform argue that the traditional bar exam remains the most reliable measure of legal competence and public protection.
However, the American Bar Association’s (ABA) legal education arm has recently softened its stance on the bar exam, endorsing alternative licensure options. This change could inspire further reform efforts across the country.
Deborah Jones Merritt, professor emerita at Ohio State University’s law school, believes Oregon’s pioneering program may serve as a blueprint for other states. “We’re seeing increasing interest from legal employers and graduates,” Merritt said. Since Oregon began accepting applications for its program in May, 76 law graduates and about 100 legal employers have applied.
As more states explore alternatives to the traditional bar exam, the legal profession could undergo a significant transformation. Whether California revisits its decision remains uncertain, but the national momentum for reform is clear.
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