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Do You Have to Go to Law School to Take the Bar?

By Andrei Zakhareuski, BarPrepHero, Founder/CEO

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Table of Contents

  1. History
  2. Which states allow you to become a lawyer without law school?
  3. State-Specific Requirements
  4. Apprenticeship vs law school

Requirement of Law School for Taking the Bar Exam

So, can you take the bar without going to law school? In other words, can you even be a lawyer without going to law school? In most states, attending law school is a prerequisite for taking the bar exam. However, there are exceptions. California, Virginia, and Washington offer an alternative route through structured apprenticeship programs. These programs allow aspiring lawyers to gain the necessary legal education and training without attending traditional law school. This approach provides a different pathway to sit for the bar exam and become a licensed attorney. Each state has specific rules and requirements, so it’s essential to check with the state’s bar association for detailed information.

History

Before the first law school was opened, people had to study law through apprenticeships. To become a lawyer, similar to a blacksmith, people had to work in law offices.

These apprenticeships went through a system called the Inns of Court, in which a person wishing to become a legal professional would find a barrister or lawyer for training.

A number of historical figures became lawyers without law school, such as John Adams, Thomas Jefferson, and Abraham Lincoln.

It wasn’t until the late 1700s or early 1800s that colleges started to offer law degrees, which was an alternative to an apprenticeship. The shift to lawyers having to go to law school came many years later when the American Bar Association (ABA) was created. The ABA campaigned for years to establish the current norm today, in which law school is necessary to take the bar exam and become a lawyer.

Which States Do Not Require Law School?

Nowadays, there are only four states that allow you to skip law school in exchange for an apprenticeship.

States Allowing Apprenticeships

  • California
  • Vermont
  • Virginia
  • Washington

Additionally, there are two other states that allow you to substitute one or two years of law school for an apprenticeship.

States Requiring Some Law School

  • Maine
  • New York

If you live in any of these states, you are able to pursue a legal profession with at the most, some law school, if you desire. Be sure to check with your state’s specific rules for what is and isn’t allowed, in regards to pay, amount of law school, etc.

State-Specific Requirements

To skip law school to become a lawyer, it depends on the state you reside in, as mentioned above. As an apprentice, there is a required amount of hours to be spent working in a law practice each week for a period of time. For example, California requires 18 hours per week for four continuous years. Hours for the apprenticeship revolve around studying and being under the direct supervision of an attorney.

Finding an attorney to act as your mentor is a challenge of its own. The reason being that there aren’t many resources that can help you find a supervising lawyer.

Also, the mentoring attorney can’t be anybody. They have to meet a minimum level of experience, which ranges. In Virginia and Washington, that number is 10 years, but in Vermont, it is as low as three years. An overview of the requirements by state are listed below:

California Requirements

  • Four years studying in a law office
    • 18 hours per week
    • Five hours of direct supervision
  • Monthly exams
  • Bi-annual progress reports
  • Supervising attorney must have five years of active law practice in California

Vermont Requirements

  • Four years studying with an attorney or judge
  • Supervising attorney must have three years of active law practice

Virginia Requirements

  • Three years studying in a law office
    • 40 weeks per year
    • 25 hours per week
    • Three hours of direct supervision
  • Supervising attorney must have ten years of active law experience
  • No employment or compensation is allowed

Washington Requirements

  • Four years employed in a law office
    • 32 hours per week
    • Three hours of direct supervision
  • Supervising attorney must have ten years of active law experience
  • Annual fee of $1,500
  • Employment by the attorney is required

Maine Requirements

  • Two years of studying in law school
  • One year of studying in a law office

New York Requirements

  • Four years of studying in law school and a law office
    • One year of studying in law school minimum
    • Remaining years studying in a law office

Apprenticeship vs Law School

If you are living in a state that allows apprenticeship over law school, understanding and comparing the benefits of both will help you make the right decision. Things to consider are cost, pass rate, and employment.

Cost

One of the benefits of bypassing law school is skipping all the costs associated with it. The annual tuition and fees for attending a private law school in 2019 is about $49,095 according to a survey by U.S. News. For a public, in-state and out-of-state law school, that average is around $27,591 and $40,725, respectively.

Putting together these costs for three years, they come out to about $83,000 – $148,000. These costs don’t even account for books, room and board, and more. Also, keep in mind that the private schools are some of the top schools in the nation like Harvard, Yale, etc. These top-tier law schools are the cream of the crop for large law firms looking to recruit.

By opting in for apprenticeship, the only costs would be books, studying materials, State Bar fees, registration fees, etc. In total, these costs would hardly break $10,000.

Pass Rate

The bar exam pass rate of an apprentice is about ⅓ of that of a student who attends an ABA approved law school, according to a study by Priceconomics. With a passing rate of approximately 27% for apprentices, it is clear there are topics that can be missed, that a traditional law school is sure to cover. This is due to lawyers practicing different types of law and apprentices not being exposed to the many topics that the bar exam will test on.

Employment

It is no surprise that the prestigious law firms in the United States are looking to recruit from Ivy League schools. A disadvantage of skipping law school is that employers and clients may pass up on someone who hasn’t attended law school.

Also, keep in mind that you may not be able to practice in another state if you choose to go the apprenticeship route.

Now that you know what it takes to be a lawyer without going to law school, you can make an informed decision. Apprenticeships aren’t for everyone, but they are a viable alternative for anyone looking to practice law.

Embarking on this unconventional path to legal practice may present unique challenges, including the Bar exam. Learn more about how many times you can take the Bar exam, an important consideration for those preparing outside the traditional law school route.

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