 THEBAREXAMINER, NOVEMBERThe bar examination, as it is administered in the variousU.S. jurisdictions, continues to evolve. Most jurisdictionshave had, over their histories, a number of versions of theexamination; for example, at different times, examinationshave included oral questions, mathematics items, or per-formance tests. In this issue, we have invited essays describing thelawyer licensing processes in a handful of foreign coun-tries and essays on alternatives to or suggestions forimproving the bar examination. While there are many crit-icisms of the bar examination as it is currently adminis-tered, there are fewer proposals for other feasible assess-ment methods, and we are happy to present the views of anumber of authors to our readers. The views expressed byeach of the authors are not necessarily endorsed by theNational Conference of Bar Examiners, as our intent wasmerely to provide a forum for the exchange of ideas.The magazine welcomes reader reactions to the essaysincluded in this group. The bar admission process willcontinue to evolve, as it has for many years, and ideas forways to help shape its evolution are important for barexaminers to consider and discuss.ESSAYS ONOTHER LAWYER LICENSINGPROCESSES AND ALTERNATIVESTO THEBAR EXAMINATIONTHEPROFESSIONALISM CRISIS: HOW BAR EXAMINERSCAN MAKE A DIFFERENCEby Clark D. CunninghamNew Hampshire’s pilot project of a performance-based variant of the bar examination, described else-where in this issue by Justice Linda Dalianis andProfessor Sophie Sparrow,1is a remarkable and excit-ing initiative by state officials responsible for regu-lating admission to the bar. In particular, it is a verypromising response to what is widely known as “theprofessionalism crisis.”In August 1996, the Conference of Chief Justices(the CCJ) passed a resolution for a National Studyand Action Plan regarding Lawyer Conduct andProfessionalism. In that resolution, the CCJ noted asignificant decline in professionalism in the bar, anda consequent drop in public confidence in the pro-fession and in the justice system generally. The CCJdetermined that a strong, coordinated effort by statesupreme courts to enhance their oversight of the pro-fession was needed.2In 1999, the CCJ adopted aNational Action Plan on Lawyer Conduct andProfessionalism. The CCJ concluded that “Success-ful efforts to improve lawyer conduct and enhanceprofessionalism cannot be accomplished unilaterally.OTHER LAWYER LICENSING PROCESSES AND ALTERNATIVES TO THE BAR EXAMINATION The objective of such efforts is a change in the veryculture of the legal profession. . . . Success requires asustained commitment from all segments of thebench, the bar, and the academy.”3The chief justices issued an urgent challenge tolaw schools: Most lawyers get their first introduction tothe basic concepts of legal ethics and profes-sionalism during law school, but few stu-dents fully appreciate their importance orreceive a sufficient grounding in practicallegal skills for competent legal practicebefore being admitted to the profession. Inaddition to providing law students withsubstantive legal knowledge, law schoolsshould ensure that students understand theimportance of professionalism and have anadequate grasp of basic legal skills.4The chief justices also expressed concern about thecurrent format of the bar examination: State bar examinations traditionally test barapplicants’ knowledge of substantive legalprinciples, but rarely require more than asuperficial demonstration of the applicants’understanding of legal ethics, professional-ism, or basic practical skills. Thus, they failto provide an effective measure of basic com-petence of new lawyers.5The New Hampshire initiative, which allowsselected law students (the “Webster Scholars”) totake an alternative route to bar admission, recognizesthat bar examiners cannot contribute to solving theprofessionalism crisis simply by tinkering with thecurrent bar admission system—not only becauseprofessionalism cannot be adequately assessed in aone-time paper-and-pencil test,6but more important-ly because the current path to the bar examinationinadequately prepares applicants to become profes-sionals. Bar examiners, and the state supreme courts that authorize them, however, do have unique power to alter the path that applicants walk before bar admission.7The United States is virtually the only majorcountry in world that gives an unlimited license topractice law to persons whose only preparation hasbeen to sit in classrooms, take blue book exams, andwrite a few research papers. The essays in this issueby Paul Maharg8and Nigel Duncan9describe the baradmission systems in Scotland and England, whichare good examples of what is required elsewhere inthe world, systems in which law school graduatesmust complete a two- to three-year program thatcombines intensive simulation-based education withsupervised on-the-job training.10The New Hamp-shire pilot program in many ways will resemble theScottish and English systems. Simply by offering an alternative to the tradi-tional bar examination, New Hampshire has provid-ed a powerful incentive to the only law school in itsCLARK D. CUNNINGHAM is W. Lee Burge Professor ofLaw and Ethics at GeorgiaState University College ofLaw. He is the Director of theNational Institute for Teach-ing Ethics and Profession-alism, Chair of the SelectionCommittee for the NationalAward for Innovation andExcellence in Teaching Pro-fessionalism (sponsored bythe Conference of ChiefJustices and the ABA Stand-ing Committee on Profes-sionalism), and Director of the Effective Lawyer-Client Com-munication Project. He can be reached at [email protected], and his home page can be found at http://law.gsu.edu/ccunningham/. THEBAREXAMINER, NOVEMBERstate to enrich its three-year curriculum to combineexisting classroom, clinic, and externship courseswith new “practice courses” taught by practicingattorneys, which focus on integrating substantiveknowledge, skills, and ethical judgment in the con-text of fields of practice.11The Webster Scholars willalso be assessed repeatedly during their second andthird years of law school, as well as upon graduation,by a committee that includes judges and bar examin-ers, not just law professors. This committee willreview portfolios of written work and performancein situations simulating law practice; the committeewill also conduct in-person reviews at which the stu-dents will be