California’s New Bar Exam Format And ABA’s Proposed 75% Bar Passage Requirement Will Adversely Impact Diversity, Women, And Access To The Legal Profession

Dennis P. Saccuzzo & Nancy E. Johnson:

Considerable concern is being expressed concerning the effects on diversity and access to the profession due to proposed changes in ABA accreditation standards and changes in the format and scoring of the bar, such as those in California. According to Lawrence P. Nolan, President of the State Bar of Michigan, for example, ABA’s proposed amendments to the current accreditation standards will “adversely impact efforts to diversify the profession.”

Indeed, 90 law school Deans have asked the Council of the ABA Section on Legal Education and Admissions to the Bar to slow down and think about its proposal to tighten accreditation requirements on bar pass rates. Again, the effects on diversity and access to the profession are among the main concerns. Access not only includes women and minorities, but also non-traditional students such as those who have no family members who ever graduated from college. An important justification for lower tier law schools is that they increase access to the profession.