PORTLAND, Ore. — A groundbreaking initiative in Oregon is paving the way for aspiring civil rights lawyers like Bailey McQueeny-Rose, a recent law graduate from the University of Oregon who chose a nontraditional path to legal licensure that bypasses the conventional bar exam. Known as the Supervised Practice Portfolio Examination (SPPE), this route offers a hands-on legal training approach under the tutelage of licensed attorneys, radically shifting the licensing paradigm for new lawyers while aiming to inject practical experience into their early careers.
The SPPE requires participants to complete 675 hours of supervised practice and submit a comprehensive work portfolio for evaluation by the Oregon Board of Bar Examiners. Additionally, candidates must pass an ethics examination, ensuring that all licensed attorneys meet professional standards. “The traditional bar exam doesn’t equip you with the necessary skills for civil rights law,” McQueeny-Rose said. “Working directly in the field under supervision does.”
This innovative licensing method is part of broader changes taking place across various states as they reconsider the effectiveness of the bar exam, a test that has been criticized for not adequately measuring a lawyer’s competence in handling real-world legal scenarios. States such as Minnesota, Nevada, Utah, and Washington are exploring similar licensure frameworks, while California has been conducting studies on this approach since 2005.
Critics of the traditional bar exam argue that it fails to test practical skills essential for lawyering, such as client counseling, negotiation, and case management. Catherine Bramble, an associate professor at Brigham Young University Law School in Utah, emphasized that real-life practice and mentoring are crucial. “It’s similar to pilot training,” Bramble said. “A potential pilot’s capability isn’t just tested in a written exam but also demonstrated in the cockpit under an experienced instructor’s supervision.”
The movement toward alternative licensing pathways also aims to address significant disparities in the legal profession. Studies have shown that the bar exam is particularly challenging for candidates from lower socioeconomic backgrounds, those with caretaking responsibilities, and minorities. By incorporating real-world experience into licensure requirements, states hope to make the legal field more accessible and diverse.
The push for change gained momentum during the COVID-19 pandemic when the traditional bar exam became a health risk due to large gatherings. In response, some jurisdictions temporarily adopted “diploma privilege,” allowing law graduates to practice without passing the bar exam. This temporary measure and its aftermath demonstrated that such changes did not compromise the quality of legal practice, encouraging more states to rethink the bar exam’s role.
In addition to the shift in licensing requirements, law schools have been increasingly integrating practical skills training into their curricula. This shift recognizes the gap between theoretical knowledge and practice, ensuring that graduates are better prepared for their careers. The National Conference of Bar Examiners is also set to launch a NextGen bar exam in 2026, promising a greater emphasis on foundational lawyering skills.
Despite these promising developments, challenges remain. For instance, licensure through SPPE in Oregon is currently not transferable to other states, limiting its appeal. Moreover, the novelty of the program means that there are fewer supervising attorneys familiar with its requirements, a hurdle that both law schools and graduates must overcome.
While only a few graduates have opted for the SPPE pathway, it is expected that interest will grow as law schools establish postgraduate fellowships and more legal practices become familiar with the program requirements. Firms specializing in civil rights, public defense, and rural law practices are expected to be significant beneficiaries, providing essential services to underserved communities.
“As states continue to innovate and tailor their approaches, we’re likely to see a legal landscape where practical experience and diversity are prioritized,” said Oregon Supreme Court Chief Justice Meagan Flynn, who is also part of a national committee exploring diversification of the bar admissions process. “It’s a move towards ensuring the legal profession is more representative and better equipped to handle the challenges of today’s society.”