Washington State Considers Alternative Pathways to Law Practice

In an effort to address racial disparities in bar exam pass rates and increase access to legal representation in underserved communities, Washington State is considering alternative pathways for law graduates to practice without taking the traditional bar exam. The proposal, which was presented to the Washington Supreme Court on Wednesday, offers several options for admission based on practical experience and skills coursework.

One of the proposed pathways is an apprenticeship program, where law school graduates would work under the supervision of an experienced attorney for six months. Upon completion, they would submit a portfolio of their work for evaluation. Another option would allow law students to complete 12 credits of skills coursework and accumulate 500 hours of hands-on legal work before graduation. They would then submit a work portfolio for assessment and potentially become licensed.

The Washington Bar Licensure Task Force, established by the state’s high court in 2020, developed these alternative pathways to address the significant gap in bar exam pass rates between white and Black law graduates. Citing a 2021 study by the American Bar Association, which showed that white law graduates were nearly 40% more likely to pass the bar exam than their Black counterparts, the task force argues that the current licensing process may be biased against minority test takers. However, the National Conference of Bar Examiners has stated that the gap is due to various factors, including educational disparities.

Jordan Couch, a member of the task force, emphasized that the existing bar exam is not fulfilling its intended purpose and instead serves as a barrier for people of color and historically marginalized groups to enter the legal profession. He believes that the proposed pathways would not only help address this issue but also eliminate the financial burden of bar exam preparation and enable law graduates to start earning money immediately after completing their studies.

While the Washington Supreme Court has not taken formal action on the proposal, the task force is seeking public input to inform their decision-making process. Washington is not the only jurisdiction exploring alternatives to the bar exam. The Oregon Supreme Court is currently considering a program that would require law graduates to complete 675 hours of supervised work and submit a portfolio of legal work for licensure. Additionally, the State Bar of California is gathering public comments on a proposal that would grant provisional licenses to law graduates who work under the supervision of experienced attorneys and submit approved portfolios of work.

The Washington proposal also suggests retaining the traditional bar exam as an option and adopting the NextGen Bar Exam, a new national exam set to launch in July 2026. It further recommends lowering Washington State’s bar exam passing score from 270 to 266 immediately.

As the legal profession continues to grapple with issues of diversity, equity, and inclusion, alternative pathways to law practice are gaining traction. By considering these reforms, Washington State aims to create a more accessible and equitable system for aspiring lawyers, ultimately ensuring that legal services are available to all members of the community, regardless of their background.