Bar Exam: Pandemic Edition

Multiple states have made the decision to postpone the July 2020 Bar Exam to sometime in the fall. As someone who has graduated law school and taken and passed the bar exam, I do not agree with the idea of allowing this year’s graduates to be granted “Emergency Diploma Privilege” as some people are asking for. Here is a link to those people.

While I understand that it is frustrating and that it will delay potential job prospects for people beyond the quarantine and normal timeline of the bar exam, lawyers are not doctors. It is very unfortunate that those graduating law school will not really be able to practice as lawyers until January/February but there are other positions within the legal field that exist and are a legitimate option until becoming licensed.

I understand allowing for doctors graduating to immediately enter the workforce as there is a medical reason for them to since we are in this global pandemic. They aren’t going to allow someone to go straight from med school to brain surgery but they are fully capable of administering the care and would otherwise be an intern or resident but fully considered a doctor.

Just because we are in a pandemic, it shouldn’t be an excuse to throw the bar exam in the garbage. At the end of the day, lawyers aren’t essential in the time of a pandemic and yes it does fucking suck that people will have to adjust their job plans, their leases, etc. but at the end of the day, having a Juris Doctor can get you many other jobs without taking or even passing the bar exam.

So in my opinion, no, they should not be able to just get a free pass and not have to take the bar exam.

I am not the only person with this opinion, a close friend of mine has thoughts to share as well:

Here are my feelings (granted I am not a first-generation student or somebody who can’t get help from family or immunocompromised):

1. The reason we have a bar is because not everyone is qualified to be a lawyer so there should be a test. (SAY IT LOUDER FOR THE PEOPLE IN THE BACK HERE FRIEND)

         2. Their logic is very flawed to me.

A. They say postponing the test isn’t fair because it hurts their job prospects and that people who can start in august will have to study for the bar while working full time. Yes prospects for the job you want will be hurt but there are other opportunities until you are licensed- even if not in the legal field. Also those starting in august can study the entire summer and then a little bit each day after work.

B. They say immunocompromised won’t want to take the test in a big space so we should just give everyone diploma privilege so they can go to work? My heart really hurts for the immunocompromised in this time- it must be so scary- but if they get their automatic diploma, they probably aren’t going to be going into work. I’m just not sure how this really helps them.

C. They say they need to be able to work so they can represent vulnerable clients. But there are plenty of behind the scenes things they could do without representing in court. Like doing the work of an intern/ law clerk would still be helpful.

D. They talk about how the legal profession is known for having mental illness (true and important) so just being handed an automatic diploma would alleviate anxiety. Like duh, of course it would. But do you really think starting a new job in the midst of a pandemic will not increase your anxiety?!

E. They mention online exam as a possibility but say it won’t work with no explanation why. Like yes, it won’t be a typical bar exam and will be open book. While it’s not a great solution it makes more sense than just handing out diplomas.

I do feel really bad for everyone graduating this year but this just doesn’t make sense to me.

I think there is an issue with just giving a blanket you can be a lawyer because of a global pandemic. There are other jobs in the legal field, like previously mentioned, but there are also non-legal jobs that people are able to work in the interim too. It is not a long-term solution, it is a viable way to make money to be able to pay the bills in the short term while studying for the bar exam.

Yea it sucks that students graduating this year have spent so much of their time and money over the last three years to get to the point where they can take the bar exam, hopefully pass it, and get a job. While it sucks that if the bar exam is given sometime in the fall, results won’t come back for an additional three months, and then another month to swear in, it still needs to happen that way. ✌