The Supreme Court of the State of Washington has just approved several new ways for attorneys to become licensed bypassing the bar exam — adding momentum to the alternative licensure movement.

Washington’s high court approved two new licensing pathways for law school graduates. One option is a new apprenticeship program for law school graduates who would work under the supervision of an experienced lawyer for six months then submit a portfolio of work for evaluation.

A separate option would allow law students to complete 12 credits of skills coursework and 500 hours of hands-on legal work before graduation, then submit a work portfolio to the Washington State Bar to become licensed.

Oregon in November adopted an apprenticeship pathway for law school graduates, joining Wisconsin and New Hampshire, which have for years offered law graduates a way to become licensed without taking the bar exam. Additionally, high courts in California, Minnesota and Utah are currently considering proposals to license attorneys without the bar exam.

The new options protect the public, address a “serious legal diversity problem” in Washington, and “help remedy the fairness and bias concerns with the traditional licensure,” said Seattle University School of Law Dean Anthony Varona.

Varona was co-chair of the Washington Bar Licensure Task Force, which developed the proposals at the high court’s behest. Members of that task force briefed the court on its recommendations in October after which the court gathered public comment. The court’s new order did not say when the new pathways would become available but directed the Washington State Bar Association to convene a committee to examine how to implement them.

The task force’s report noted studies that show the bar exam “disproportionately and unnecessarily blocks historically marginalized groups from entering the practice of law” and that the exam is a financial burden for law graduates.

The State Bar of California is soon hoping to pilot a program in which law school graduates would complete 700 to 1,000 hours of supervised legal practice and submit a portfolio of work to be graded by the state bar. Those who pass would become licensed, but that proposal is still awaiting approval by the State Supreme Court.

You can read more about this issue here.

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