Senator Rick Murphy recently proposed an Arizona bill that, if passed, would eliminate the requirement that an attorney go to law school prior to getting barred.
There are two proposals. One would add a statute eliminating the law school requirement (SB1415). The other would amend Arizona’s Constitution to do the same (SCR1018). Under either, if an applicant successfully passed the bar exam and passed a character review, then such a person couldn’t be denied admission to the bar simply because of a lack of a law degree.
Murphy, who gained experience with attorneys in his work as a real estate agent, said, “There are lots of folks who go to law school and then have no idea how to successfully practice law. I hired some of those people, so I ought to know.” Noting that even those with a law degree must pass the bar exam, Murphy explained, “Either the test is a meaningful measure of your aptitude to practice law, or it’s not.”
Eddie Farnsworth, an Arizona Representative and lawyer, said, “I’m happy to look at that bill. But at this point I think you probably ought to go to law school.” Farnsworth went on to explain that in addition to the basics of the law, “law school teaches you to think like an attorney.”
John Phelps, who works for the State Bar of Arizona, pointed out that the bar exam doesn’t cover everything necessary for the practice of law. According, to Phelps, skills, which law schools do teach but the bar doesn’t test, include such things as, “trial advocacy, negotiations, [and] writing much more significantly than what you can write in a bar exam.”
Another possible concern is infringement on the judiciary’s authority. Historically the Supreme Court has maintained authority over regulation of the practice law. So, even if the legislature passes Murphy’s proposals, it is possible that the Arizona Supreme Court might find the rule to be invalid.
While there is a fair amount of backlash at this proposal by the legal community, there has also been a great deal of concern recently over the high cost of legal education. Law school students frequently exit law school with anywhere from $100,000-$250,000 worth of student loan debt. This crippling amount of debt not only puts lawyers in a bad position, but necessitates a higher cost to consumers for legal services. That in turn means that fewer people can afford attorneys. Theoretically, eliminating the law school requirement could help alleviate this problem.
Ultimately only time can tell whether or not the legislature will pass Murphy’s proposals and, if so, whether or not the Supreme Court will uphold it.