On Friday, Washington’s State Supreme Court approved three additional ways for lawyers to become professionally licensed, bypassing the well-established bar exam in favor of new methods that remedy “bias concerns,” according to some attorneys in the state.
In November of 2020, a task force was assembled by then-Chief Justice Debra Stephens, according to a press release from Washington court systems. The group was tasked with studying alternatives to the traditional bar exam — commonly referred to as “the bar” — and concluded that the bar “disproportionately and unnecessarily blocks marginalized groups from entering the practice of law, and the traditional bar exam is at best minimally effective for ensuring competent lawyers.” Their research spanned over three years, and used data and testimony from “scholars and experts.”
The research impacted the Court’s decision to establish three “experiential-learning” alternatives to the traditional exam, primarily focused on gaining experience through apprenticeships and internships.
Law school graduates will be able to work as an apprentice under a qualified attorney for a minimum of six months, during which the graduates would be required to complete three courses of “standardized coursework” to become a licensed attorneys.
Students in law school will be able to bypass the bar exam by completing 12 “qualifying skills credits and 500 hours of work as a licensed legal intern” and submitting a portfolio of this work. Law clerks who have not completed law school may also qualify as licensed attorneys after meeting educational “benchmarks” and completing 500 hours as a licensed legal intern under a qualified attorney’s supervision.
The Court’s order impacts several aspects of aspiring attorneys’ career paths, including reducing passing minimum requirements for the bar exam from 270 to 266, which was reportedly a score adopted during the pandemic to account for fewer training resources. It will also reduce the experience requirement for out-of-state licensed attorneys from three to one year to gain licensure in the state of Washington.
The state will also adopt the National Conference of Bar Examiners’ NextGen bar exam in 2026, which “addresses many of the identified flaws in the current bar exam by focusing on real-world skills and practice.”
“The Court will partner with the Washington State Bar Association, its regulatory agency, to create a plan and implementation timeline, which will likely include outreach and partnership with many stakeholders, to develop/amend relevant Court rules and admissions processes,” the aforementioned press release adds.
