In a significant policy shift, the American Bar Association (ABA) has endorsed alternative pathways to attorney licensing that do not involve the traditional bar exam. This move comes as more states are leaning towards alternative attorney licensing, and it represents a departure from the ABA’s long-standing support for the bar exam as the primary method of licensure.

ABA Shifts Away from Its Use of Traditional Bar Exam

The ABA’s Council of the Section of Legal Education and Admissions to the Bar approved this policy change on May 17, 2024. The ABA has supported the use of bar exams since 1921, making this shift a historic one. “We’ve backed away from that,” said Carla D. Pratt, a Council Member, in an interview after the meeting. “In adopting the new policy, we agree that alternative pathways to licensure provide access to justice and diversity in our profession.”

The New Policy of New “Competency Assessment Formats”

The new policy allows states to use methods of licensure beyond the bar exam. It follows a task force recommendation for jurisdictions to create assessments to enable license portability and “innovate in the development of pilot programs, and new competency assessment formats.” The policy change also includes stronger wording requiring jurisdictions to “avoid imposing requirements on law school study that go beyond the council’s standards.”

COVID-19 Accelerates Alternative Pathways

The COVID-19 pandemic played a significant role in prompting many jurisdictions to rethink the bar exam. Early in the pandemic, five states offered emergency diploma privileges, but then switched to remote bar exams by 2021. This experience has led to a growing interest in alternative pathways to the bar.

Oregon And Washington Leading the Way

Several states have already begun to explore alternative pathways to attorney licensure. Last year, Oregon approved apprenticeship as a method to licensure without taking the bar, and Washington followed, but also included a skills coursework option. 

Other states, including California, Minnesota, and Utah, are currently considering proposals to license attorneys without the bar exam. Wisconsin already offers diploma privilege to graduates of its two law schools, and New Hampshire offers several ways to pass the bar, including completion of specialized courses.

The ABA’s endorsement of alternative attorney licensing pathways marks a significant shift in the legal profession. It opens the door for more innovative and accessible ways for aspiring attorneys to enter the profession. As more states consider and implement these alternative pathways, the landscape of attorney licensure in the United States is set to undergo a profound transformation.