Insight #3: Efforts to Improve the Bar Exam - Asking the Right Questions

Insight Objective #3- Heightened awareness that a law practice is not limited to knowledge and application of law and procedure, but includes as essential elements and importance for sustainability, the administrative, collaborative, and business aspect of the practice of law. To improve the overall readiness and effectiveness of attorneys by taking a more holistic assessment of the practice of law, including the business acumen, e.g, entrepreneurship.

In August, 2019, the California State Bar undertook an unprecedented case study and analysis. It was entitled, “California Attorney Practice Analysis Study”. This study requested input from several practicing Attorneys at various stages of their law practice career. The Study sought information and input that, “will help us (the State Bar) understand in-depth the range of knowledge and skills that attorneys may be expected to possess across various practice settings and experience levels. Your participation will also help the State Bar ensure that there is a strong linkage between the Bar Exam and the practice of law. The project is of great importance to the work of the State Bar and the future of the legal profession” (emphasis added).

Over 60% of all solo practices fail within their first year. Why? That’s a very good question. This Study does a deep dive in an effort to answer that question. The California State Bar is to be commended for undertaking this comprehensive study as the foundation to help change the face of the legal profession.

broadest and most important studies the State Bar has ever undertaken

The Study was conducted by sending a cross-section of Attorneys an email with a short survey at different times of the day on a variety of subject inquiries over an entire work week. In each email the State Bar stated, “The Practice Analysis is one of the broadest and most important studies the State Bar has ever undertaken. …” . The purpose of the Study is to gather information to assess the relevance of the range of knowledge and skills needed for entry-level attorneys.

Listed below are the areas of inquiry:

  • Case or matter management

  • ​Establishing a matter budget

  • ​Calendaring deadlines

  • ​Time and record keeping

  • ​Managing client billing

  • Daily Prioritization

  • ​Establishing or maintaining a client relationship

  • ​Communicating with clients

  • ​Practice management or case management

  • ​Supervision, administration, collaboration

  • Activity

  • ​Drafting and writing

  • ​Research and Investigation

  • ​Counsel/Advice

  • ​Alternative Dispute Resolution

  • ​Litigation

Each daily survey asked about the Attorney’s activity at the time the email survey was received, covering one or more of the subject areas above. “The study is taking a fresh look at the current practice of law in California. Its purpose is to collect detailed, empirical data about how attorneys use their knowledge and skills to perform their work. The survey data will form the foundation for reevaluating the content and format of the California Bar Exam (Bar Exam).), was explained in an initial email to the participating Attorney.

Clearly, the State Bar was interested in identifying activity beyond the strict scope of the practice (application) of law. Client communication, case management, administrative activity, and time tracking and billing were also detailed in the survey questions. This holistic approach is critical insight into the key to awareness of all components necessary for a law practice to be sustainable by examining all of the facets of a law practice that are intimately interconnected and explicable only by reference to the whole.

Early intervention of training in entrepreneurship, business acumen, and mentorship in preparation at the Bar Exam level would truly change the face of the legal profession. By better preparing entry level Attorneys at a more holistic level will equip that Attorney to improve efficiency in law practice management, achieving better results in the representation of their clients, and improve client interaction and client experience.

The State Bar followed up on the Study with two focus groups. One for attorneys who have practiced law for one to three years; and the other for attorneys with four or more years of experience who also have experience supervising entry-level attorneys.

The State Bar has not yet issued a Report on the Study as of yet. Although the conclusions reached from the Study are of significant interest, the most important take away is that a governing body such as The California State Bar has identified that there is much more to the practice of law than the law itself. So much more to the practice of law, whether you’re in a large firm, or if you’re in solo practice or in a small or boutique firm, the State Bar has undertaken time, resources and effort to analyze and examine such data to possibly integrate into future Bar Exams. Recognition that an attorney taking and passing the Bar Exam, also requires more diverse education and training into the business of the practice of law is a huge milestone in preparing attorneys for a successful, thriving sustainable legal career.

INSIGHT CALL TO ACTION

In preparation for future bar exams consider practicing the business of law by becoming involved in a mentoring program, clerking, volunteering, or interning, with an established law firm. Change the face of the legal profession. Embrace the holistic methodology to the Business of the Practice of Law.

-Enjoy the journey…

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