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Bailey McQueeny-Rose transitioned from working in reproductive health care to attending law school at the University of Oregon, where she planned to become a civil rights lawyer. Oregon introduced an alternative pathway to practicing law in late 2023 known as Supervised Practice Portfolio Examination (SPPE) which allows graduates to train under the supervision of a licensed attorney instead of taking the traditional bar exam. Other states, such as Minnesota, Nevada, Utah, and Washington, are also considering similar licensure options to diversify the legal profession and improve access to legal representation, particularly in rural and underserved communities.

Critics of the bar exam argue that it does not adequately assess the real-world skills needed to be a good lawyer, such as working directly with clients. Utah, for example, is proposing a supervised practice proposal that requires law students to complete a core curriculum during law school and gain 240 hours of supervised practice, including client-facing work and pro bono services. Other states are also exploring alternatives to the bar exam, such as incorporating more hands-on training and real-world skills into the licensure process.

The National Conference of Bar Examiners is set to roll out a NextGen test in 2026 that focuses on foundational lawyering skills, such as client counseling and advising. The move towards alternative licensure pathways and a shift in the focus of bar exams signals a growing recognition in the legal profession that traditional testing methods may not be the most effective way to ensure that qualified and diverse lawyers enter the field.

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