Keith Mack
In Oregon, the requirements to practice law are intended to ensure that lawyers are competent and trustworthy. Traditionally, this has involved passing a bar exam. However, starting in May 2024, Oregon will no longer require law graduates to pass the bar exam to become licensed to practice law in the state. Instead, Oregon will introduce an alternative licensing program, where graduates will work under the supervision of experienced attorneys and complete a portfolio of legal work. This program aims to address concerns about the traditional bar exam's effectiveness in testing the skills needed for legal practice. It also reflects Oregon's efforts to innovate in how lawyers are licensed, with a focus on practical experience and mental health.
| Characteristics | Values |
|---|---|
| Bar membership required | Yes, unless there are exceptions |
| Bar exam required | No, starting in May 2024 |
| Alternative licensing program | Supervised Practice Portfolio Examination |
| Supervised hours | 675 hours |
| Portfolio requirements | At least eight examples of legal writing, two initial client interviews, two negotiations, and other requirements |
| Out-of-state or foreign lawyers | May practice temporarily without establishing an office |
| Unauthorized practice of law | Includes providing immigration advice or helping with immigration forms for payment without specific authorization |
| Unlawful practice of law | Determined by Oregon statutes and case law, investigated by the UPL Committee |
| Regulation of lawyers | Conducted by the Oregon Supreme Court through the Oregon State Bar, including discipline for ethical misconduct |
| Requirements for admission | Protecting the public by ensuring lawyers are competent and trustworthy, passing a character and moral fitness investigation, and passing a written examination ("The Bar Exam") |
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What You'll Learn
Oregon State Bar membership
Starting in May 2024, law graduates will be able to become licensed in Oregon without taking the traditional bar exam. This change comes as the Oregon Supreme Court approved an alternative licensing program known as the Supervised Practice Portfolio Examination. Under this program, candidates will complete 675 hours of supervised legal work under the guidance of an experienced attorney and create a portfolio of legal work that will be graded by Oregon bar examiners. This portfolio will serve as an alternative to the traditional bar exam.
The new licensing program in Oregon is a response to criticisms of the traditional bar exam, which some argue does not adequately test the skills that new lawyers need in practice. The program aims to provide a more practical pathway to becoming a licensed attorney, reducing the stress and mental health impact of the bar exam on law graduates. In addition to the supervised practice option, the Oregon State Board of Bar Examiners is also developing a second alternative licensing pathway, where law students would complete practice-based coursework during their last two years of law school.
Oregon's innovative approach to lawyer licensing has the potential to spur further innovation in other states, rethinking how lawyers are licensed and ensuring that they are competent and trustworthy to provide legal services.
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Alternative licensing pathways
The Oregon Supreme Court has approved two alternative pathways to the Uniform Bar Exam (UBE) for aspiring attorneys in Oregon. These are the Supervised Practice Portfolio Examination (SPPE) and the Oregon Experiential Portfolio Pathway (OEPE).
The SPPE is a postgraduate pathway. It requires applicants to complete 675 hours of supervised practice under an experienced attorney, as well as other requirements, including taking the lead in at least two initial client interviews or client counseling sessions, and heading up two negotiations. Applicants must submit a portfolio of their work, which will be graded by Oregon bar examiners. Those with qualifying scores will be admitted to the state bar.
The OEPE is a curriculum-based model for students at Oregon's law schools. It offers an experiential curriculum in the second and third years of law school, followed by the submission of a portfolio of work to the Oregon State Board of Bar Examiners.
The Oregon Experiential Pathway, which the OEPE is modelled on, could transform law school curricula in the state, emphasising clinical or simulation-based work. The supervised practice pathway, which the SPPE is based on, would resemble an apprenticeship, with applicants completing 1,000 to 1,500 hours of supervised legal practice. This pathway is designed to address unmet needs for legal services in rural parts of Oregon.
Both alternative pathways ensure that applicants can demonstrate specific competencies to practice law in Oregon. They are designed to address concerns about the traditional bar exam, including the argument that the skills needed to pass a multiple-choice test do not always match what employers are looking for.
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Unlawful practice of law
In Oregon, it is illegal for non-lawyers to serve as immigration consultants unless specifically authorized to do so by federal law. The Oregon State Bar defines the 'unlawful practice of law' as someone who is not an active member of the Oregon State Bar but engages in legal practices. These practices include appearing in court on behalf of others, drafting or selecting legal documents, advising others of their legal rights, acting as an immigration consultant, holding oneself out to be a lawyer, or having a law office in Oregon.
The Oregon State Bar provides an Unlawful Practice of Law Form for non-lawyers or out-of-state lawyers practising law in Oregon. The UPL Committee has the authority to investigate allegations of unlawful practice and can close an investigation if there is insufficient evidence, send an informational letter, or recommend that the OSB Board of Governors take legal action.
Oregon is working on opening up alternative pathways to becoming an attorney, with the Oregon Supreme Court approving a program that removes the requirement for a bar exam. Instead, candidates will spend 675 hours working under the supervision of an experienced attorney and create a portfolio.
Oregon statutes and case law outline specific activities that are generally not considered unlawful practice. These include individual parties representing themselves in a case or legal dispute and real estate brokers acting as mere scriveners in the preparation of deeds and contracts. However, providing legal advice or recommending specific legal forms without the appropriate license is considered unauthorized practice.
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Out-of-state lawyers
In Oregon, it is generally required that a person be an active member of the Oregon State Bar to practice law in the state. However, there are certain exceptions to this rule.
For out-of-state or foreign lawyers, Oregon allows them to practice law in the state if authorized by federal law or if their practice in Oregon is temporary and they have not established an office in the state.
The Oregon State Bar recommends that individuals research the law or consult a lawyer if they have specific questions about what constitutes the practice of law. The Oregon Supreme Court has held that the exchange of money is not necessary for conduct to be considered the practice of law.
Oregon statutes and case law provide that certain activities are generally not considered the unlawful practice of law, including individual parties representing themselves in a case or legal dispute. Additionally, a real estate broker acting as a "mere scrivener" in the preparation of deeds and contracts is not engaged in the unauthorized practice of law.
Starting in May 2024, Oregon will introduce an alternative licensing program that will allow law graduates to become licensed without taking the bar exam. This program, known as the Supervised Practice Portfolio Examination, will require candidates to work 675 hours under the supervision of an experienced attorney and create a portfolio of legal work that will be graded by bar examiners.
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Requirements for admission
Starting in May 2024, law graduates will be able to become licensed in Oregon without taking the bar exam. Instead, they will need to complete an alternative licensing program approved by the Oregon Supreme Court, known as the Supervised Practice Portfolio Examination. This program will require candidates to spend 675 hours working under the supervision of an experienced attorney and create a portfolio of legal work that will be graded by Oregon bar examiners. The portfolio will include at least eight examples of legal writing, and candidates will need to demonstrate their ability to take the lead in client interviews, client counselling sessions, and negotiations.
Previously, Oregon required aspiring lawyers to pass the bar exam, which has long been a source of stress for law graduates. The bar exam presents an additional challenge after the rigours of law school, impacting graduates' confidence and mental health. Some law graduates have failed the exam multiple times, leading to calls for a more practical way to acquire a licence.
Oregon's new alternative licensing program is designed to address these concerns and spur innovation in lawyer licensing. It remains to be seen how this program will impact the legal profession in the long term, but it is a step forward for those advocating for change.
In addition to the new alternative licensing program, Oregon is also working on creating a second alternative pathway for law school students. This pathway would allow students to spend their last two years of law school completing practice-based coursework. However, Oregon has decided to implement the supervised practice option first.
It is important to note that, regardless of the pathway taken, aspiring lawyers in Oregon must still meet certain requirements for admission to practice law. These requirements are in place to protect the public by ensuring that lawyers are competent and trustworthy. The Oregon Supreme Court, through the Oregon State Bar, continues to regulate the conduct of lawyers even after they are admitted to practice law in the state.
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Frequently asked questions
To practice law in Oregon, one must be admitted to the Oregon State Bar.
Starting in May 2024, law graduates will be able to become licensed in Oregon without taking the bar exam. Instead, they will need to complete 675 hours of paid legal work under the supervision of an experienced attorney and create a portfolio of legal work that will be graded by bar examiners.
Yes, an out-of-state or foreign lawyer may be able to practice in Oregon if they are specifically authorized to do so by federal law or if they are only practicing in Oregon temporarily and have not established an office in the state.
The 'practice of law' is defined by Oregon statutes and decisions of the Oregon Supreme Court. The Oregon State Bar recommends that you research the law or consult a lawyer if you have specific questions about what constitutes the practice of law.
