ABA urged states to 'create diverse pathways to licensure'
The American Bar Association (ABA) has endorsed alternative pathways for attorney licensing that do not require passing the traditional bar examination.
The ABA's Council of the Section of Legal Education adopted a new policy statement urging states to "create diverse pathways to licensure.”
The ABA has supported the bar exam as the primary method for licensing lawyers for over a century. This policy revision comes as more states explore alternative licensing routes for new law graduates. Proponents of these alternatives cite racial disparities in bar exam pass rates and the financial burden of taking the bar exam as key reasons for the need for change.
In November, Oregon introduced an apprenticeship pathway for law school graduates that does not involve the bar exam. Following this, Washington adopted an apprenticeship pathway and a skills coursework option in March, allowing new graduates to bypass the bar exam. High courts in California, Minnesota, and Utah are also considering proposals to license attorneys without requiring the bar exam.
Carla Pratt, a council member, noted that the committee developing the statement reviewed research indicating that lawyers admitted through alternative pathways do not pose a greater risk to the public. The ABA's legal education policy statements provide guidance for law schools but do not carry the same weight as the organization's law school standards, which must be adhered to for accreditation.
While the ABA oversees law school accreditation, it does not have authority over new lawyer licensing, which state courts or other regulatory bodies manage. The new policy statement also calls on states to develop licensing pathways that address the exclusion of racial and ethnic minorities and individuals from low socioeconomic backgrounds from the legal profession.
Data from the ABA highlights long-standing racial disparities in bar exam pass rates. In 2023, white examinees had a first-time pass rate of 84 percent, while Hispanic and Black test takers had pass rates of 71 percent and 58 percent, respectively.
In addition to endorsing alternative licensing pathways, the ABA council voted to continue developing a proposal to start accrediting fully online law schools. The council stated that more time is needed to gather data on online juris doctor programs and refine the proposal's details.
