Overview

While a two-day written examination has been used for decades, new reports questioning its efficacy in assessing a bar applicant’s readiness to practice law prompted the New Mexico Supreme Court to explore additional means of admitting attorneys to the practice.

The Supreme Court, with generous assistance from SJI, has convened a committee dedicated to the development of an alternative, supervised-practice means of licensure that focuses on a skills-based assessment of a bar applicant’s legal abilities. The National Center for State Courts, as contractor on the project, assisted the committee by gathering information about similar models in other states and surveying local interested persons so that the qualifications and requirements of the program fit the needs of New Mexico. The committee expects to provide a final report to the New Mexico Supreme Court this spring.

Under the program, candidates must graduate from an accredited law school and will receive a conditional license to practice law upon acceptance. Candidates then work with a supervisor to submit regular work product for review by the Board of Bar Examiners to determine the candidate’s competence to practice. A candidate proves their practice readiness with actual legal work product and may begin working and earning a paycheck much sooner. For supervisors, this program will provide a pool of candidates who are able to practice upon graduation while also giving rural practitioners a new recruitment tool to encourage attorneys to practice in different parts of the state.

Goals

1. Assess whether the current bar examination process tests for minimum competence to practice law.
2. Consider if innovations to the bar licensure process are viable for New Mexico, and if so, in which form.
3. Consider whether a licensure process that acts as an optional alternative to the bar exam is warranted.
   

Planned Skills-Based Examination

• Passing grade on required law school curriculum
  • 1L required courses + evidence
• Period of supervised practice
  • 675 hours within 1 year (40 qualifying hours/week)
  • Midpoint and final review
• Board of bar examiners assessment of work product and lawyering experiences:
  • Written work product
  • Client meetings
  • Advocacy
  • Negotation
  • Professional interactions
  • Law practice management

What Isn’t Changing

• The bar exam as an option
• Graduation from an ABA-accredited law school
• Character and fitness
  • Before beginning supervised practice
  • Update at the end of supervised practice period
• Multistate Professional Responsibility Exam (MPRE)

Looking Ahead: Two Bar Licensure Pathways

Events

Watch this space for upcoming and future events!

Questions or Comments?

To provide feedback, please reach out to modernbar@nmcourts.gov