Admitting Law Graduates by Bar Examination Versus by a Diploma Privilege: A Comparison of Consumer Protection

Abstract

State bar associations for decades have justified increasing the rigorousness of their bar examinations as a necessary measure for assuring consumer protection. However, no state has provided data based empirical evidence that increasing the difficulty of a bar examination has a direct correlation with increasing consumer protection (decreasing attorney discipline based upon incompetency and/or ethical violations). This study of the Wisconsin State Bar disciplinary system demonstrates that there is little difference in the protection of the public between admitting law students to the practice of law by a diploma privilege versus requiring passage of a bar examination.