Oregon’s Shift to Supervised Practice for Bar Exam Success
When the Oregon State Board of Bar Examiners introduced the Supervised Practice Portfolio Examination last May, there was a mix of anticipation and anxiety among the members of the Licensure Pathway Development Committee. The success of this new program, designed to allow ABA-accredited law school graduates to engage in an apprenticeship under the guidance of a supervising attorney instead of taking the traditional bar exam, heavily relied on the participation of the state’s legal employers. Without licensed lawyers willing to sign up as supervisors, the entire initiative could crumble.
To the surprise and relief of many, the response was overwhelmingly positive. Within a month of opening applications, 62 attorneys from 57 different employers had expressed interest in serving as supervisors. By early October, those numbers had grown to 101 attorneys from 87 employers, including prominent organizations like Nike, the Public Defender Services of Lane County, and the Oregon Judicial Department.
Joanna Perini-Abbott, co-chair of the committee and a professor at Lewis & Clark Law School, expressed her astonishment at the program’s popularity, remarking, “It’s more popular than we could even have imagined.” While the traditional bar exam remains an option for aspiring lawyers, the new supervised practice route is gaining traction in Oregon and beyond.
## A Growing Trend in Legal Education
The innovative approach adopted by Oregon has sparked interest in other states as well. Washington, Nevada, Ohio, Minnesota, and Utah are all considering similar plans that involve supervised practice as an alternative pathway to bar admission. Addie Tobin Smith, the committee’s other co-chair and a legal consultant in Portland, revealed that consultations with counterparts in other states have been fruitful, indicating a potential shift in legal education and licensure practices.
Brian Gallini, a former dean of Willamette University School of Law, likened the impact of the portfolio exam to that of the iPhone on the Blackberry, emphasizing the program’s potential to address legal deserts, racial disparities, and various other challenges in the legal profession. The committee, comprising a diverse group of legal professionals and stakeholders, worked diligently to develop a comprehensive strategy that would cater to the needs of aspiring lawyers while maintaining high standards of competence.
## Pioneering Change in Legal Education
The origins of Oregon’s groundbreaking initiative can be traced back to the period just before the pandemic, when concerns about racial disparities in bar exam performance and the validity of the exam as a measure of minimum competence began to surface. The onset of COVID-19 further accelerated the need for alternative licensure methods, prompting Oregon to relax the rules surrounding the Uniform Bar Exam and offer remote testing options, including diploma privileges for 2020 graduates.
The recent policy shift approved by the ABA Section of Legal Education and Admissions to the Bar in May 2024 paved the way for states to explore new avenues of licensure beyond the traditional bar exam. The class of 2024 became the first cohort to benefit from this policy shift, with provisional licenses being granted to successful applicants. However, the transition to the new system has not been without its challenges, as evidenced by the rigorous evaluation process conducted by the committee to ensure that candidates meet the required standards.
In the ever-evolving landscape of legal education and licensure, Oregon’s pioneering efforts have set a precedent for innovation and inclusivity. By embracing supervised practice as a viable pathway to bar admission, the state has not only expanded opportunities for aspiring lawyers but also paved the way for a more equitable and accessible legal profession.
The legal rebels of the class of 2025, including Rodrigo Camarena, Roy Ferguson, Joan Howarth, Deborah Jones Merritt, Swapna Reddy, Jacqueline Schafer, and Noella Sudbury, stand as testaments to the transformative power of progressive legal education initiatives like Oregon’s Supervised Practice Portfolio Examination. As the legal community continues to adapt to changing norms and standards, the lessons learned from Oregon’s experience will undoubtedly shape the future of legal education and licensure across the country.
