Utah Considers Allowing Law Graduates to Practice Without Taking Bar Exam

On Monday, November 4, 2024, the Utah Supreme Court announced a significant proposal that could reshape the path to legal licensure in the state. The court is considering allowing law graduates to become licensed attorneys without the traditional bar exam, following a growing trend seen in several other states.

The proposal permits graduates from American Bar Association-accredited law schools to practice law in Utah after completing 240 hours of supervised practice under an experienced attorney, along with additional requirements. While this alternative pathway is being presented, law graduates will still have the option to take the bar exam if they choose.

The court is currently soliciting public feedback on the proposal until December 19, 2024, prior to making a final decision. This initiative arose from recommendations submitted to the court by a working group established in 2020 to explore alternatives to the bar exam. The decision to seek public input indicates that the justices are open to innovative licensing methods for attorneys.

This movement toward alternative licensing options has gained momentum in recent years. Utah had previously implemented a temporary diploma privilege during the COVID-19 pandemic in 2020, allowing law graduates to bypass the bar exam. Brigham Young University law professor Catherine Bramble, a member of the working group, noted that the success of this temporary measure could lend support to the current proposal.

Bramble expressed optimism about the timeline for implementation, suggesting that if the proposal is approved, it could be in effect as early as the summer of 2025. The National Conference of Bar Examiners, which oversees the development of bar exam components used in many states, has not yet commented on the Utah proposal.

Utah’s proposal aligns with recent reforms in other states, including Oregon, which initiated an apprenticeship pathway for law school graduates in 2023 that does not require a bar exam. Washington state followed suit with a similar approach in March, and Arizona introduced a plan in July that allows law graduates who fail the bar exam to obtain a license through a practical skills program.

Conversely, the California Supreme Court rejected a comparable proposal in October that would have allowed law graduates to work under supervision for six months and submit a portfolio of their legal work for evaluation. The court cited potential ethical and practical issues with this approach.

The working group’s report emphasized that the bar exam is not the sole or best measure of a candidate’s readiness to practice law. It criticized the exam for failing to encompass the full range of skills and knowledge necessary for new lawyers, as well as for not adequately protecting the public. Additionally, the report highlighted disparities in exam scores among different demographic groups and pointed out the financial burdens associated with preparing for and taking the bar exam.

Under the proposed alternative pathway, in addition to the required hours of supervised work, participants would need to complete a series of courses while attending law school and pass a written exam akin to the Multistate Performance Test, which is part of the current national bar exam.