Thursday, September 4, 2014

Diploma Privilege...Coming to a State Near You?

Simply stated, the diploma privilege allows a law school graduate, of the given state, to bypass the bar exam en route to the practice of law.  Yes, a law graduate would be licensed to practice law without taking the bar exam.  This notion sounds enticing for many law students, especially 3Ls as the bar exam looms in their future.

Currently only Wisconsin, and in limited circumstances New Hampshire, provide the diploma privilege to law grads.  Graduates from ABA accredited schools in those states are deemed competent to practice law without sitting for and passing a bar examination.  

However, Iowa is also now considering the adoption of the diploma privilege.  The Iowa State Bar's Blue Ribbon Committee lists the following reasons for abolishing the bar exam in their state:

  • The bar exam does not test on Iowa law.
  • The bar exam tests only one’s ability to outwit 200 multiple choice and 8 essay questions from a third party testing service.
  • The bar exam does not measure true functional mastery of subject areas or compassion, judgment, and ability to help clients.
  • Few remember anything they learned cramming for the bar exam.

Many of us have strong opinions about the bar exam and the many issues and factors surrounding the administration of it.  However, do you also feel that the bar exam serves a compelling purpose?  Does it help weed out incompetent applicants?  Does it assist one in their legal practice?  Or, is it merely a hazing ritual that is costly, excruciating, and biased?  If the Iowa Supreme Court rules in favor of adopting the diploma privilege, will other states follow suit?  Only time will tell.

Lisa Bove Young

https://lawprofessors.typepad.com/academic_support/2014/09/diploma-privilegecoming-to-a-state-near-you.html

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