Washington plans to stop requiring bar exam, but alternatives not in place | Fact check

Nate Trela, USA TODAY
·3 min read

The claim: The state of Washington no longer requires passing the bar exam to get a law license

A March 19 Facebook post (direct link, archive link) makes a claim about legal education in the Pacific Northwest.

"You no longer need to pass the bar exam to be a lawyer in Washington," the post reads.

A similar version of the post was shared hundreds of times before being deleted.

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Our rating: Partly false

The Washington Supreme Court approved the concept of alternative pathways for law school graduates, law students and law clerks to get law licenses. However, the details of the pathways are still being developed and the timeline to implement those paths is uncertain. Until then, lawyers must pass the bar exam.

New pathways to license

Bar exams, tests to primarily establish that prospective lawyers have a minimum knowledge of the law, have been a gateway to practicing law since the late 18th century in the U.S. However, in recent years advocates have questioned if the exams are good tools for measuring someone's ability to be a competent lawyer.

On March 15, the Washington Supreme Court issued an order that approved "in concept" creating three new pathways to get a law license in that state without passing the bar exam.

However, the court did not spell out a timeline for implementing the new pathways, which are still under development. Jacob Rooksby, dean of the Gonzaga School of Law, told The Spokesman-Review that he did not think it could happen before 2025 at the earliest.

The Washington State Bar Association also says on its website that the court directed it to work on a path to implementation but emphasized the new pathways are not yet in effect.

And the decision doesn't mean, as many social media commenters took it, that anyone can become a lawyer. It still requires extensive training and direct experience in law.

The pathways, developed by task force, emphasize experiential learning. For law school graduates, the alternative pathways would involve an apprenticeship and some additional coursework. Law students could graduate with a license if they complete an internship, earn credits for specific skills and complete a portfolio review. Law clerks will also need to complete an internship and “standardized educational materials and benchmarks to be completed under the guidance of their tutors that dovetail with the requirements of the law school graduate apprenticeship,” according to the announcement of the pathways.

The task force was formed in November 2020 and found that the traditional bar exam “disproportionately and unnecessarily blocks marginalized groups” from becoming lawyers, the statement said. It said the traditional exam is “at best minimally effective for ensuring competent lawyers."

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Washington is not the first state to approve alternatives to bar exams. Oregon has begun putting its own universally accessible alternative licensing pathway in place, while Wisconsin and New Hampshire have pathways for graduates of certain law schools. California, Utah, South Dakota, Nevada and Minnesota are among a growing list of states studying or piloting other paths to licensure.

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This article originally appeared on USA TODAY: Washington to create alternative to state bar exam | Fact check