The document discusses two stories that raise questions about the bar exam and its role in screening potential lawyers. In India, new rules will require all lawyers to pass a national bar exam, whereas previously only a law degree was needed. In Indiana, a man who taught himself law while in prison is suing to take the bar exam without a law degree. The document also notes that prominent lawyers like Supreme Court justices and politicians have failed the bar exam despite their qualifications. This calls into question whether the bar exam is truly a suitable mechanism for assessing a lawyer's readiness.

1. Feature
The Bar Exam
By Joshua Nave
Just how important is the bar exam when it comes to assessing a lawyer’s readiness to practice law? That question is being asked this
week in places as far away as India and as close to home as Indiana.
Let’s start with India, where a little over a month ago the Bar membership. In the case at hand, even if he were to pass the
Council announced that starting with this year’s class, all new bar exam, Mr. Carter would need an exemption before joining
lawyers will be required to take a national bar exam. Previously, the bar due to his felony conviction. Certainly most people
all that was required to practice law was a law degree and would have trouble passing the bar exam without first attending
membership with a local bar group. Predictably, this decision law school, and in states that do allow for an alternate path
has not gone over well with most of India’s law students and to the bar exam only 19 percent of such examinees passed
several have filed legal challenges alleging that the decision in 2009. But that’s hardly an argument for refusing to let self
is in violation of the 1961 Advocates’ Act. The students aren’t educated applicants take the test. If anything it shows that
alone in objecting, either. Several local bar groups have voiced even if the law school requirement were lifted, law schools
opposition to the policy. would still retain relevance.
In a recent blog posting, author turned lawyer Elizabeth Wurtzel
Closer to home we bring news from the other direction. In
questioned the value of the bar exam. In it, she included
Indiana, a former convict who taught himself law while in
a list of prominent lawyers, past and present, that failed
prison is suing the state to let him sit for the bar exam without
the bar exam. Heading her list is Kathleen Sullivan, former
attending law school first. According to a suit filed by Clarence
Dean of Stanford Law and current named partner at Quinn
Carter, the state’s rule requiring examinees to have a law school
Emanuel. Sullivan’s career in academia includes a stint as a
degree violates his constitutional rights to due process and
professor at Harvard Law and authorship of a major textbook
equal protection. It seems that Mr. Carter, who has received his
on constitutional law. After leaving academia she took the bar
bachelors degree since being released from prison, has applied
exam in preparation for entering private practice and failed it.
to 13 law schools and been rejected by each. He argues that
a candidate that passes the bar exam without a law degree is
Other notables that failed the exam according to Wurtzel
more qualified to work as an attorney than a candidate who
include: Current and former First Ladies Michelle Obama and
graduates from law school but fails to pass the exam.
Hillary Clinton, President Franklin Roosevelt, California Attorney
General Jerry Brown, former California Governor Pete Wilson
These two stories raise an interesting question: Is the bar
who, along with the Mayor of Los Angeles Antonio Villaraigosa,
exam a suitable tool for screening would be lawyers? If so, why
needed four tries, and former Supreme Court Justice Benjamin
should a JD be required? If not, why have a bar exam?
Cardozo who needed six attempts.
It’s difficult to claim that the bar exam is a suitable mechanism
Indiana argues that law school teaches skills and values needed
for screening potential lawyers when such well respected lawyers,
to be a lawyer, but this argument rings hollow in light of recent
judges and politicians are unable to pass. Wurtzel herself sparked
stories about the failure of law schools to prepare students for
some controversy after holding herself out as a lawyer despite
the practice of law. Furthermore, bar associations across the
failing the bar exam. She passed it on her second try.
country already have a ‘’values’’ or moral fitness component to
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