Things are never easy for a law school graduate. After three years of stressful study and hundreds of thousands in student loans, they now face the next hurdle in their slog to become a lawyer. All graduates must pass the bar exam. This is a test held just twice a year where law graduates must spend days regurgitating legal analysis and taking multiple choice exams. The tests are always held in large gatherings, overseen by lawyer proctors.
Ten to twelve weeks later, graduates will be informed if all their work, stress, and debt have paid off. If they pass the bar exam, they become lawyers. If they fail, they often disappear from the legal industry all together.
That’s a normal bar exam. In 2020, law school graduates are facing hard choices and impossible situations.
The National Conference of Bar Examiners (NCBE) has been keeping track of how states are handling their bar exams as COVID-19 continues to spread across the country.
For the July 2020 exam, 22 states went ahead with in-person exams. Students had to choose between their health and their careers. Should they take the exam and risk their health? Many graduates choose to do so. The inevitable news of some test-takers being positive for the coronavirus has led to a wave of recriminations against bar examiners who choose to go forward. Many states have disastrously attempted to put their bar exams online. Other states have postponed their exams repeatedly. All of this leaves law school graduates in a limbo described in one article as a ‘“literal hell”.’
Despite graduating from law school last May, many recent law school graduates do not know when, if ever, they can practice law. In response, some law school graduates have called for ‘diploma privilege.
What is diploma privilege?
Some states provide diploma privilege, temporarily exempting law school graduates from the bar exam requirement. In these states, graduates can practice law in specific situations immediately.
Currently, four states have granted diploma privilege, and as of September 24, the District of Columbia has also adopted it, albeit with restrictions. However, it seems that other states are not inclined to implement diploma privilege in the near future. Interestingly, many law school graduates have the option to secure a license for limited practice immediately through legal intern programs.
Getting recent graduates practicing with legal intern licenses
All fifty states and the District of Columbia permit law students to engage in limited legal practice under supervision. Legal interns, who are law students, receive a restricted license enabling them to offer advice to clients and appear before courts and tribunals. To obtain this license, students must be certified as suitable for such service by their law school dean and operate under the guidance of a qualified attorney. Upon meeting these criteria, their state court or board will issue a legal intern license.
In forty-two states, recent law school graduates are allowed to continue practicing law in a limited capacity under legal intern licenses. Graduates in these states can practice law while being supervised until they take their first eligible bar exam. Additionally, many states permit the licenses of bar exam takers to remain valid until the release of test results and the admission of successful graduates to the bar.
See more
Navigating the Legal Market: A Guide for Attorneys on Choosing the Right Practice Area
Top 3 Reasons Attorneys Should Not Have More Than One Practice Area: You Are Better Off Focused on One Practice Area Than Many
States Permitting Post-Graduate Legal Interns
Alaska, Georgia, Maine, Nevada, Oregon, Virginia
Arizona, Hawaii, Maryland, New Hampshire, Pennsylvania, Washington
Arkansas, Idaho, Massachusetts, New Jersey, Rhode Island, West Virginia
California, Illinois, Michigan, New Mexico, South Carolina, Wisconsin
Colorado, Indiana, Minnesota, New York, South Dakota, Wyoming
Connecticut, Iowa, Mississippi, North Carolina, Tennessee
Delaware, Kansas, Missouri, North Dakota, Texas
District of Columbia, Kentucky, Montana, Ohio, Utah
Florida, Louisiana, Nebraska, Oklahoma, Vermont
Legal intern practice comes with certain restrictions. Notably, legal interns cannot assist any client indiscriminately; most states limit legal intern licenses to aiding indigent clients.
Additionally, legal interns are prohibited from charging or accepting direct payment from the individuals they serve. It's important to note, however, that this doesn't imply that legal interns are compelled to work for free. In fact, in thirty-five states, legal interns are explicitly permitted to receive wages for their services. Conversely, only four states—Louisiana, Massachusetts, South
Carolina, and Wyoming—explicitly prohibit any form of remuneration. Despite these limitations, supervised legal interns can achieve substantial tasks and receive compensation.
For law school graduates currently in limbo due to postponed bar exams, engaging in legal internships could be a viable option. While this doesn't resolve the issue of delayed exams, it provides graduates with an avenue to apply their bar preparation and gain practical experience until a clearer path forward emerges.
How law schools should help graduates succeed during bar exam uncertainty
The initial phase of legal intern certification involves the law school dean confirming that a graduate is qualified for service. Law school deans should currently be inundating their admissions offices with standardized certificates for each recent graduate. It is recommended to certify entire classes, enabling them to commence duties as legal interns.
Furthermore, law schools should contemplate employing these certified graduates for legal clinics. Despite the traditional concern about funding post-graduate employment, given the current circumstances, this issue should take a backseat. A significant 49% of recent law school graduates report having job offers rescinded.
Law school deans should actively seek access to justice grants and salary assistance to cover wages. Legal clinics could operate round the clock to address pressing concerns such as the impending eviction crisis, the unemployment insurance debacle, and the multitude of ongoing legal issues. Law schools running graduate legal intern clinics can avail themselves of Clio's Academic Access Program for free, just as they do for law student clinics.
While law school graduates may be uncertain about sitting for the bar exam, guiding them on where their next client and paycheck may come from is crucial. As legal interns, they could potentially access both opportunities and contribute meaningfully to the legal community.
