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## Bar Exams and the Need for legal Reform

The COVID-19 pandemic has forced bar exams to move online, consequently highlighting a range of issues within the legal profession. These issues include the significant disparities in bar pass rates across different states, as well as the high costs associated with prep courses for law school graduates. Many individuals within the legal field, including law school administrators and professionals, express concern over the competence of newly graduated lawyers.

Some reforms are currently being implemented, with the development of a next generation bar exam that deviates from traditional methods. However, numerous state bars are still in the initial stages of considering these changes, and modifications to the bar exam are continuously subject to rightful criticism.

In the midst of these ongoing debates, the emergence of ChatGPT, an AI language model, has further complicated the situation. Surprisingly, ChatGPT, without any formal legal education, managed to pass the bar exam. This has sparked turmoil within academia, as the potential for AI-assisted papers and exams presents both opportunities and challenges.

The implications of these advancements in technology and the resulting chaos it has created may provide a unique opportunity to completely revolutionize legal education. The need for comprehensive reform in legal education, which has seen minimal changes over the course of several decades, is long overdue.

While it remains crucial for law students to have a solid understanding of legal doctrine and the ability to research and comprehend case law, statutes, and regulations, the traditional model of spending three years in mostly classroom-based education, followed by a bar exam that emphasizes memorization and quick responses, fails to truly assess the in-depth thinking required by practitioners of law. Moreover, the time and financial burden associated with attending law school and then preparing for the bar exam raises concerns about the overall cost-effectiveness of this system.

In order to address these concerns, it is necessary to reevaluate what should be taught and how to effectively evaluate legal education. A noteworthy report released in 2020, titled “Building a Better Bar: The Twelve Building Blocks of Minimum Competence,” offers a valuable framework to tackle this question. The report emphasizes the importance of teaching the actual practice of law – an aspect that legal academia has often neglected.

To gain insights into potential changes, it may be worthwhile to examine the medical education model. Medical students spend two years immersed in theoretical studies before transitioning to two years focused on clinical practice. Some medical schools have even integrated clinical practice into the early stages of education.

One intriguing example that draws inspiration from this medical model is the Lawyers for America (LFA) program, which originated at UC Law San Francisco. LFA provides law students with an alternative path to becoming competent lawyers, while simultaneously addressing the issue of limited access to justice within the United States. The LFA program entails two years of classroom learning, followed by a third year dedicated entirely to a well-supervised externship with a legal nonprofit or government legal office. This unique approach allows students to gain firsthand experience in the field. After completing the bar exam, LFA fellows return to their externship organizations for a year of paid work, as the participating organizations contribute funds to support their fellowship stipends.

Notably, many LFA fellows have made significant contributions to public service and successfully transitioned into careers in the legal field. By providing these hands-on experiences, law schools can potentially establish a sufficient pathway to becoming licensed lawyers. Alternatively, a revised written exam with a smaller selection of subjects, accompanied by reduced emphasis on memorization and speed, could also help to evaluate a student’s competence.

Unfortunately, implementing these changes faces resistance from legal educators and bar examiners alike. The creation of LFA itself was initially met with skepticism, and other law schools have faced various obstacles when attempting to adopt similar programs. Bar examiners have formed committees to explore potential reforms, but progress has been slow and consensus has been difficult to reach. In California, for example, a Blue Ribbon Commission spent around two years without achieving consensus on an alternative route to licensure.

To kickstart the process of change, law school administrators should look to the medical school model and seriously consider the value of experiential learning emphasized in the “Building a Better Bar” report. It is crucial to train future lawyers to meet the evolving demands of today’s world. Continuing to rely on outdated methods perpetuates stagnation within the legal profession.

In conclusion, the introduction of AI technology, online bar exams, and the subsequent debates it has sparked provide an opportune moment to revolutionize legal education. By prioritizing experiential learning and reconsidering the bar exam format, law schools can better equip students for the practice of law. It is essential to adapt legal education to the needs and challenges of the present, rather than clinging to outdated practices that hinder progress.

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