Disbarring the Bar?

By Conor Regan

The Bar Examination, a long-standing comprehensive test to become qualified to practice law, has recently become a hot topic of discussion in the legal world after The New York Times published an article titled, “Bar Exam, the Standard to Become a Lawyer, Comes Under Fire”.

Within the article, author Elizabeth Olson reported that a number of states, including Arizona, Iowa, and New Hampshire, are exploring alternate routes for law students to become certified to practice law. Naturally, this deviation has caused some exasperation from the legal community, as the Bar Exam has typically been viewed as a rite of passage that every law school graduate must endure.

A number of law school deans first impugned the validity of the bar after last summer’s exam results were released, showing the lowest scores in the past decade. These deans came under fire themselves, as many law schools have been accused of admitting less academically qualified applicants due to the recent drop in overall law school applications.

Many deans and students alike argue that the Bar does not test any significantly applicable skills for the legal profession, but rather arbitrarily tests memorization skills. Olson reports that the bar testing agency has stated that the exam is a “basic test of fundamentals that has no justification other than protecting the consumer.”

The state of New Hampshire currently has implemented the most radical approach to avoiding the Bar Exam. University of New Hampshire School of Law allows second and third year law students to participate in an apprenticeship where they learn the skills necessary to practice. If these students pass a review by state bar examiners, they are directly admitted to practice.

I would argue that the Bar serves a considerable function for all aspiring lawyers. Though the Exam may not test the most valuable skills for a lawyer, at some fundamental level everyone practicing the law must know the law, as esoteric and irrelevant some clauses may be. Abolishing the examination may drastically lower the caliber and competence of attorneys, a profession long known for its rigorous pre-professional training.

What do you think? For more information on the article, visit http://www.nytimes.com/2015/03/20/business/dealbook/bar-exam-the-standard-to-become-a-lawyer-comes-under-fire.html.