LOCAL COLUMN
OPINION: New Mexico is lowering the bar
The New Mexico Supreme Court鈥檚 decision to create a pathway to becoming a lawyer without passing the bar exam may be well-intentioned. The stated goal is to address the state鈥檚 attorney shortage, particularly in rural communities. That is a real problem deserving of real solutions. However, eliminating the requirement to pass the bar exam is the wrong one.
New Mexicans deserve competent legal representation. Whether someone is defending against criminal charges, navigating a divorce, facing eviction, starting a business or estate planning, they should have confidence that their attorney possesses a minimum level of legal knowledge. The bar exam has long served as that baseline.
No one claims the bar exam is perfect. It is stressful, expensive and imperfectly measures what makes someone a great lawyer. Nonetheless, it does test something important: a candidate鈥檚 understanding of the fundamental legal principles that every licensed attorney should know before advising clients whose livelihoods, liberty and property are on the line.
The solution to a shortage of lawyers should not be to reduce the standards for becoming one.
We would never suggest addressing a shortage of engineers by eliminating licensing examinations. We would not solve a shortage of certified public accountants by making certification optional. And we certainly would not address a physician shortage by removing medical licensing exams. Professional licensing exists because the public deserves assurance that those holding themselves out as professionals have demonstrated a minimum level of competence. Law should be no different.
Supporters argue that supervised practice better reflects the realities of practicing law better than a written examination. There is truth to that. Mentorship is invaluable. Practical experience is essential. However, practical experience and demonstrated legal knowledge are complementary, not interchangeable. A lawyer should possess both.
If the concern is that the bar exam is outdated, then reform the exam. If the concern is cost, reduce the financial burden. If the concern is access to the profession, expand scholarships, bar preparation assistance and loan forgiveness for attorneys willing to practice in underserved communities, but do not abandon the one objective measure every lawyer has historically been expected to meet before representing the public.
The practice of law carries extraordinary responsibility. Attorneys safeguard constitutional rights, handle millions of dollars in transactions, resolve family disputes, defend the accused and guide businesses through complex legal issues. New Mexicans should not have to wonder whether their attorney met the same basic competency standard that generations of lawyers before them were required to satisfy.
The Supreme Court鈥檚 new policy may increase the number of licensed attorneys. That does not necessarily mean it will increase the number of qualified ones. Our state does not need fewer standards. It needs more lawyers who meet them.
Jared Vander Dussen is a partner at Western Agricultural Resource and Business Advocates, LLP.
