Utah is poised to break with tradition, unveiling a groundbreaking plan that could reshape how law graduates enter the profession. A proposal released by the Utah Supreme Court offers an alternative path to attorney licensure, one that might render the bar exam optional. Instead, law graduates could complete 240 hours of supervised practice under an experienced attorney, coupled with a few additional stipulations.
This proposal isn’t an isolated experiment. States like Oregon, Washington, and Arizona have already pioneered alternate routes to licensure. For instance, Oregon ignited reform momentum in 2023, introducing an apprenticeship model that sidesteps the bar. Meanwhile, Arizona introduced a method for bar exam takers to earn their license through a practical skills program.
Utah’s initiative stems from a working group that began exploring alternatives in 2020. The temporary “diploma privilege” adopted during the pandemic served as a proof of concept, according to Catherine Bramble, a law professor at Brigham Young University and working group member. She expressed hope for the new pathway’s swift adoption, perhaps by next summer, emphasizing the success of the pandemic-era policy.
Public comments on the proposal are being accepted through December 19, signaling the Utah Supreme Court’s openness to change. The plan not only addresses the bar exam’s effectiveness but also its impact on equity, highlighting the persistent score gaps between different racial groups and the prohibitive costs associated with exam preparation.
Despite these changes in some states, California remains hesitant. Its Supreme Court recently dismissed a comparable idea, citing ethical and logistical concerns. The National Conference of Bar Examiners, a key player in developing bar exam content, has not yet issued a statement on Utah’s bold proposal.
If approved, this new licensing route would demand that law graduates complete law school courses tailored to practical skills and pass a performance-based written exam. As the legal community in Utah waits for the final decision, one thing is clear: the traditional bar exam is facing a serious challenge to its reign.
