3 ms·
A lot of comments here seem to be speculating about DEI. I'm the last person who would ever defend a DEI push, but the requirements really don't seem to support
by pie_flavor 3y ago
A lot of comments here seem to be speculating about DEI. I'm the last person who would ever defend a DEI push, but the requirements really don't seem to support this narrative.
> Candidates will spend 675 hours working under the supervision of an experienced attorney [...] submit at least eight examples of legal writing, take the lead in at least two initial client interviews or client counseling sessions, and head up two negotiations
> a Supervising Attorney [...] is an active member of the Oregon State Bar [...] has no record of public discipline in any jurisdiction to which they are or have been members [...] is employed by the same Employer as the Provisional Licensee
This looks, instead, like the standard apprenticeship model, and while I'd be slightly wary of the journeyman->master requirements, the apprentice->journeyman requirements seem pretty exhaustive and likely to produce results as good as or better than the bar exam. It takes less than 675 hours to study to pass the bar, but you were going to spend that amount of time informally apprenticed and do this much work anyway.
Meanwhile, the bar exam has got its problems, that make replacing it with a formal apprenticeship seem like a great idea. To quote a lawyer I know: "The bar exam does not teach useful or meaningful law. You don't learn <state> law on the <state> bar exam. You are tested about imaginary "common" law concepts that are often specifically replaced by statutes in a given state. If I tried to use the bar exam definition of burglary in <state>, that would be malpractice. In fact no jurisdiction uses the common law definition of burglary." Law is extremely state-by-state, and a theory-based test on an imaginary legal code, while productive, is likely to be a lot less productive than graded real legal work on the real legal code.
- simonsarris 3y agoThe bar exam using an abstract system (that may not really exist in reality) vs specific state law systems seems just fine, as long as the people smart enough to pass recognize that. I suspect they are. But the bar also tests quite a bit about the concept of liability, the essentials of contract, constitutional law, intent, and I'm sure a bunch of other topics. Are those of so little value that it's worth ditching? Is 1/3rd of a working year (675 hours) enough to cover all those topics? What if the attorney is an estate planner? Or a litigator? It would seem this risks making the minimum experience of a given lawyer potentially more lopsided.
- pie_flavor 3y agoAren't those required classes in law school?