We know that closed-book, multiple-choice, memory-based tests do not reflect real-world lawyering or client-facing skills, and are thus not an ideal way to assess minimum competence for law practice. We also know that the bar exam’s design and administration provide a substantial advantage to those who have access to costly test preparation, extensive time for studying, and strong personal support systems, raising concerns about fairness in the licensure process. But what different approaches to legal licensure might be rigorous, effective, and fair?

Several new ways of licensing lawyers are already underway across the country, alongside a few well-established methods that are decades old. IAALS’ multi-state Pathways to Legal Licensure: Individualized & Comparative Outcomes project is evaluating the licensure landscape to understand each method’s effectiveness in assessing minimum competence and protecting the public from malpractice.

Objectives:

  • Provide empirical data on processes and outcomes across multiple licensure pathways.
  • Understand the quality and effectiveness of a variety of licensure models.
  • Inform state-level decision-making regarding legal licensure reform.
  • Support the development of licensure pathways that prioritize competency, accessibility, and public protection.

“As a lawyer and someone actively involved in improving the legal profession, I’ve seen firsthand how our licensure system can fall short, especially for those who are fully capable but left behind by a one-size-fits-all exam. What we’ve needed is data, not just debate. That’s why this study matters. IAALS is bringing empirical integrity, transparency, and insight to conversations and innovations that demand an evidence-based approach." — Jordan Couch, Partner at Palace Law; WSBA Board of Governors Representative on the Washington Licensure Pathways Steering Committee

Project Team:

More about the Project:

The landscape of legal licensure in the U.S. is changing rapidly and states must have more information as they navigate transitioning to the NextGen UBE and making key decisions about the future of legal licensure in their jurisdiction, including whether and how to implement new pathways to legal licensure. This project will look at each pathway individually and in relation to the others to understand benefits and drawbacks of each pathway—and provide evidence-based recommendations for establishing fair and valid licensure processes that remove barriers to the profession, preserve rigor of assessment, and actually ensure lawyers are competent to practice law.

IAALS will evaluate pathways from three states:

  • One that offers the bar exam and a long-standing alternative pathway
  • One that offers the bar exam and a newly implemented alternative pathway
  • One that offers the bar exam only

This study will collect data on key aspects of how minimum competency is assessed in each of the pathways including validity, reliability, fairness, alignment with law school curriculums, and feasibility. It will also provide insights into how each pathway operates, which will provide much-needed support for states as they pursue and develop licensure innovations.

In the end, our findings will provide critical data to inform state-level decisions on the future of legal licensure, ensuring a more equitable and competency-based licensing system.

AccessLex Institute® has generously provided funding to make this project possible.

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