Law school deans join recent law school graduates, the American Bar Association, and others in states across the country asking for states to take steps to allow law school graduates to practice law without taking the bar. Many states have postponed or even canceled bar exams for recent law school graduates. These individuals cannot practice law until they pass the bar exam and are admitted to practice in that state.
STATES CONTINUE TO ADDRESS THE QUESTION OF BAR EXAMS
Unfortunately for law students, many states keep changing their policies for the bar examination. Some states held in-person exams in July, while other states rescheduled the July exam. Other states have decided to hold remote bar exams instead of in-person exams.
The National Conference of Bar Examiners (NCBE) has a list of the announcements for each state on its website.
Students in states that have postponed the bar exam are under a lot of pressure. They want to go to work, but they cannot practice law.
A few states have adopted policies that allow law students to bypass the bar exam. Diploma privilege allows a person with a Juris Doctorate to obtain a license to practice law without taking the bar exam. A few states have adopted this option for dealing with the bar exam.
Other states allow law school graduates to petition to practice under the supervision of an attorney. In some states, graduates can apply to engage in the limited practice of law. There does not seem to be a perfect answer to the situation.
As the courts and state bars continue to struggle to find a solution to the problem, the public, as well as law students, may suffer from the delay in admitting new attorneys to practice.
LEGAL NEEDS OF THE PUBLIC
Courts and states attempt to balance the risk of COVID-19 with the needs of law school graduates and the public. While there is a push to protect the public interest by ensuring that lawyers have a minimum level of competency, there is also a public interest in having more attorneys admitted to the bar.
With the economic hardships caused by COVID-19, there are many more individuals seeking legal advice regarding financial matters. People need assistance with legal matters, including bankruptcy, personal injury claims, foreclosure, eviction, debt collection, and contract law.
Also, low-income individuals are seeking help as they apply for government benefits, such as Social Security, workers’ compensation, and Medicaid. Since many new attorneys enter areas related to public service, it can be in the public interest to admit attorneys to practice law as soon as possible.
A DIFFICULT DECISION FOR ALL PARTIES
Deciding how to handle state bar examinations and admissions to practice law in the era of COVID-19 is challenging. Courts and State Bar Associations must balance the needs of graduating law students with the public interest. Many states include ethics questions on the bar exams, in addition to questions about legal theories, laws, and rules.
The professional conduct for attorneys is closely monitored. Attorneys have a high duty of care to their clients, the public, and the courts. Violating the rules of professional conduct and ethics can result in various disciplinary sanctions.
Allowing attorneys to practice without taking the bar exam could be problematic. Permitting an attorney permanent admission to the bar without measuring competency through a bar exam could put the lawyer’s qualifications into question throughout the attorney’s career.
Diploma privilege could also be a problem for states that use the Uniform Bar Examination (UBE). UBE states allow applicants to transfer their passing UBE scores to other UBE states. The attorneys can practice law in that state without retaking the bar exam.
However, if an attorney is admitted to practice law under diploma privilege, does that admission transfer to another state that does not permit admission through diploma privilege? Will there be a question about an attorney’s understanding of ethics or basic legal principles because he did not take the bar exam?
COVID-19 AND THE PRACTICE OF LAW
COVID-19 has impacted almost every area of life in the United States. Law firms have had to change how they interact with clients and the courts. Some law firms that made offers of employment to third-year law school students are now dealing with delays in hiring as students wait to take the bar exam.
The debate about the bar exam is likely to continue. Each state must address the question. Unfortunately, it is unlikely that a uniform decision about diploma privileges or other ways to allow law school graduates to practice law until they can take the bar exam is forthcoming.