Criticisms of the bar exam, focused on the exam’s lack of validity and its disproportionate racial impact, are mounting. In response, several states are considering proposals to create alternative paths to licensure through completion of clinical courses and/or post-graduate supervised practice. The Oregon Supreme Court has already approved, in principle, establishment of these alternative pathways. A committee in that state is working to develop details to govern these new licensure options.
This workshop will examine these emerging ideas and the challenges and opportunities they present for clinical education. Participants will be invited to bring and exchange rubrics, portfolio templates, and other materials useful for assessing new lawyer competence. After brief comments by presenters, participants (including the presenters) will break into small groups to share resources and consider issues such as:
• How might these proposals affect clinical education? What dangers should we beware of? What opportunities would these paths provide?
• How would these proposals affect the profession? Would they enhance diversity and inclusiveness? Could they increase access to justice?
• What expertise could clinicians offer to states considering these alternatives? What kind of assessments, portfolios, or other tools would we recommend? What roles should we play?
The ideas and strategies generated during the workshop will be collected and shared with all participants. After the conference, the presenters will work with the clinical community to form a working group for clinicians, academic support faculty, and others interested in exploring alternatives to test-based licensing. We hope to come together to creatively design and advocate for a more sensible and equitable licensing system that will, in turn, enhance access to justice.