Licensure as Pathway, Not Barrier

Authors

Brian Gallini, Quinnipiac University School of Law

Keywords

legal profession, licensure, Connecticut, access to justice, bar exam, public service work, civil-Gideon, Gideon, Connecticut Right to Counsel Program, CT-RTC

Abstract

The legal profession knows it has an access to justice crisis. One side lacks a lawyer in approximately three-quarters of the twenty million civil cases filed across state courts every year. Against that concerning backdrop is how we license attorneys. The most common method is the written bar exam. But that exam bears little resemblance to the practice of law, produces racially disparate results, and is shockingly expensive for law graduates to prepare for and take. Its opaque scoring practices alongside its rare administration—offered just twice per year—strengthens the idea that the modern bar exam operates more as a barrier than a measure of competence to practice law. But no one has suggested connecting a public service pathway to a state’s pre-existing “civil-Gideon.” Civil Gideon “refers to the idea that people who are unable to afford lawyers in legal matters involving basic human needs - such as shelter, sustenance, safety, health, and child custody - should have access to a lawyer at no charge.” This Article argues that Connecticut should pair its right to counsel eviction defense statute with a supervised practice pathway to attorney licensure. The Article proceeds in three parts. First, it briefly explains the bar exam and its history. Second, it considers the state of the legal profession with a particular focus on Connecticut and its efforts to address and improve access to justice. Finally, the piece argues for pairing CT-RTC with a supervised practice pathway to attorney licensure.

Recommended Citation

Brian Gallini, Licensure as Pathway, Not Barrier, 78 Ark. L. Rev. (2025).
Available at: https://scholarworks.uark.edu/alr/vol78/iss2/5