Four ASP authors, all members of the AASE Bar Advocacy Committee, take new aim at the NextGen UBE and propose an independent licensing model for the state of Michigan. As Michigan remains one of a minority of states to not yet commit to adoption of the NextGen bar exam, its decision will have significance in the bar admission landscape. In this concise yet cogent white paper, the author's point specifically to Michigan's recent adoption of the Uniform Bar Exam (UBE) citing that it was intended to bring standardization and mobility for Michigan's law school graduates. Instead, the paper claims, it has introduced uncertainty and new challenges.
The paper goes on to critically examine the shortcomings of the NextGen UBE, including a cited "lack of transparency, untested scoring model, and failure to adequately prepare new lawyers for Michigan practice." The paper highlights a growing movement, led by Nevada and Oregon, driving states to adopt alternative licensing pathways that better reflect real law practice competency. The paper concludes with a proposal it dubs the "Michigan Model," a three-pronged approach that integrates foundational legal knowledge, lawyering performance assessments, and supervised practice to ensure new attorneys are fully prepared to serve the public.
The paper is authored by Sarah Garrison (Detroit Mercy), Nachman Gutowski (UNLV), Ashley London (Duquesne), and Steven Foster (Oklahoma City). The authors urge Michigan's Board of Law Examiners and the state supreme court that oversees the Board to not cede control of bar admission "to an external organization with a questionable track record and a history of broken promises." Michigan, the paper argues, should reclaim authority over its bar exam process and adopt a forward-thinking, research-backed alternative to NextGen UBE. In doing so, Michigan would join other leaders in promulgating responsible, practical legal licensing reform.
This paper is an easy read, and it holds no punches. At a time when the bar licensure landscape is rapidly evolving, this timely piece is a must-add to your summer reading list. Download the full article here.
(Marsha Griggs)
