Utah’s Alternative Pathway to Attorney Licensure: A Bold Move Toward Reform
Utah is taking significant strides in reshaping the path to attorney licensure, proposing an alternative to the traditional bar exam for law school graduates. Following the example of states like Oregon and Washington, Utah's initiative reflects growing support for licensing reforms to address concerns over the conventional bar exam.
New Pathway Proposed: Experience-Based Licensure
On Monday, the Utah Supreme Court unveiled a plan that would allow graduates from American Bar Association (ABA)-accredited law schools to practice law in the state without passing the bar exam. Instead, aspiring attorneys could obtain licensure by completing 240 hours of supervised practice under the guidance of an experienced attorney, alongside other requirements. Importantly, the option to take the bar exam remains available for those who choose to follow the traditional route.
Public Input Period Open Until December
The Utah Supreme Court is actively seeking public feedback on this proposal, extending the public comment period until December 19. The court's final decision on whether to implement this alternative pathway will depend on its assessment of this feedback. The proposal was initially presented to the court in 2023 by a working group established in 2020 to evaluate alternative licensure pathways. The decision to open the proposal for public input suggests that Utah’s justices are open to considering a broader approach to attorney licensure.
Previous Success with Diploma Privilege During COVID-19
Alternative Licensing Paths Gaining Traction Nationwide
The movement to reform attorney licensing requirements gained momentum in 2023 when Oregon introduced an apprenticeship pathway for law graduates. Washington state followed suit with a similar program in March, and Arizona introduced a plan in July allowing law graduates who do not pass the bar exam to gain licensure through a practical skills training program.
Not all states, however, are moving in this direction. The California Supreme Court, for instance, recently rejected a comparable proposal, citing concerns over ethical and practical challenges. California’s proposed pathway would have involved supervised legal work and submission of a portfolio for evaluation, but ultimately, it was deemed insufficient in addressing ethical considerations.
Rethinking the Bar Exam’s Role in Attorney Competency
The Utah working group’s report highlights several criticisms of the bar exam, arguing that it may not be the most effective way to assess a new attorney’s readiness. The report notes that the exam fails to capture the full range of knowledge and skills required in legal practice and that it does not necessarily serve the public’s best interests. Additionally, the report raises concerns over the racial disparities in bar exam scores, which disproportionately affect minority test-takers.
The cost of preparing for and taking the bar exam is another concern, often placing a significant financial burden on new law graduates. These issues led the working group to advocate for an alternative pathway that could better serve diverse candidates and reduce financial barriers.
Requirements Under Utah’s Proposed Alternative Licensure
The proposed alternative pathway in Utah would include a mix of pre- and post-graduation requirements. In addition to the 240 hours of supervised legal practice after law school, candidates would need to complete a series of practical courses during their law school studies. Furthermore, they would need to pass a written exam similar to the Multistate Performance Test (MPT), a practical component already included in the bar exam, ensuring that essential skills are evaluated.
A Future of Attorney Licensing Reform?
If adopted, Utah’s proposal could set a precedent for other states to explore similar reforms. As more states consider alternative licensing models, the traditional bar exam may face increasing scrutiny, particularly regarding its fairness, inclusivity, and relevance in modern legal practice. With public commentary now open, the coming months could be pivotal in determining whether Utah becomes a leader in reimagining attorney licensure.
