Embracing a new pathway to attorney licensure

By Jessica Rotter

On November 7, 2023, the Oregon State Supreme Court voted to unanimously approve Oregon’s first ever new pathway to attorney licensure, in addition to the traditional bar exam. The new Supervised Practice Portfolio Examination (SPPE) now enables the Oregon State Bar to admit law school graduates following an assessment of their demonstrated ability to practice law.

Upon successful completion of 675 hours of practice under the supervision of an experienced attorney – the time most people spend studying for the bar exam – candidates for licensure will submit a portfolio of work to the Board of Bar Examiners for an independent evaluation of their proficiency. Law students can earn up to 100 of these hours during law school through their participation in a clinic or externship.

As the first group of law school graduates prepare to participate in the SPPE, the impact on both the legal profession and legal education cannot be overstated.

Associate Dean and Professor of Law David Friedman has been an instrumental part of Willamette Law’s advocacy for attorney licensure reform. He views the approval of the SPPE as a step in the right direction.

For the legal profession, this is a significant advancement in that it aligns licensure criteria with teaching and measuring the skills that established lawyers tell us new lawyers need,” he says. “The bar exam became a convenient way to test and evaluate aspiring lawyers en masse, but over time, the exam began to really depart from testing the knowledge and skills that new lawyers need.

The addition of this new pathway to licensure reaffirms what Friedman has long believed — “skills matter.” This step will further motivate law schools to teach the skills students need to effectively serve clients. Friedman sees potential for the SPPE to encourage more aspiring lawyers to seek admission to Oregon’s law schools because the Oregon State Bar is demonstrating that they want new lawyers who are ready to practice, and practice quickly.

Involving The Community

When news broke that the SPPE had been approved, Willamette Law set to work getting the community of local attorneys on board with this new pathway. While preparing students to pursue SPPE is an integral part of the process, the licensure pathway relies on attorneys stepping up to serve as supervising attorneys for recent law school graduates.

One organization, in particular, jumped at the opportunity to serve as supervising attorneys. Innovation Law Lab (ILL) saw this pathway to attorney licensure aligning with the goals of their organization - fighting for immigrant and refugee justice with Oregonians in Equity Corps of Oregon (“ECO”), Oregon’s universal representation program. ECO is a collaborative of community-based organizations, nonprofits and private attorneys who provide free legal services to immigrant Oregonians. The program’s objective is to end unjust and unfair deportations and any civic exclusion by providing access to legal services, community navigators and support services.

ILL recognized early on that by participating in the SPPE as supervising attorneys, the organization could help to increase legal access for members of Oregon immigrant communities while also increasing the equity and diversification of the Oregon State Bar. These potential benefits of the SPPE are congruent with ILL’s mission of “advancing justice and building permanent pathways to immigrant inclusion.”

Stephen Manning, executive director of the ILL, shared:

This new pathway is a long-needed reform in lawyer licensure and finally gives the profession a chance to tackle universal representation in immigration across urban and rural Oregon. This reform goes hand in hand with Equity Corps of Oregon’s broad approach to access to justice for immigrants and refugees.

By providing more hands-on experience, particularly in the immigration law field, community members can benefit from working with experienced attorneys to advocate for and represent them. SPPE participants can benefit from the mentorship and guidance of their supervising attorneys while making an impact on the community immediately.

Breaking Down Barriers

In addition to providing immediate legal assistance to the community, the SPPE will also help to open the door to attorney licensure for students that historically may have struggled with the traditional bar exam, in spite of being competent students and attorneys. Alison Coutifaris, Supervising Senior Attorney for ILL, sees the opportunities for the SPPE will open doors for law school students to gain experience and learn in a way that is more equitable.

Unlike a timed bar exam, the SPPE removes obstacles that have disproportionately impacted candidates with limited means, students with cognitive differences, and non-native English speakers.

She sees this new licensure pathway as an opportunity to create a more inclusive and diverse Oregon Bar, while also directly benefiting clients and immigrant communities in Oregon.

Willamette Law remains committed to educating practice-ready lawyers and leaders who will go on to serve their communities and the legal profession. Already a frontrunner in the learn-by-doing space, the law school is continuing to think about how to expand opportunities for experiential learning to current and future law students interested in pursuing the SPPE.