When I was asked to speak at the Society of American Law Teachers'
(S.A.L.T.) conference Re-Examining the Bar Exam,1 I realized that I accepted
the bar examination without question. After all, I had passed two bar
examinations, graded a third and written questions for a fourth. To me, bar
examinations seemed both fair and needed to protect our profession and the
public. In fact, when I came to Wisconsin, the last state in America with a
diploma privilege, I was deeply disturbed. My safety net had been taken
away and I felt more pressure to test frequently and grade harshly. Thus, I did not begin this project as a great fan of the diploma privilege. I am a fan now.
When I started my research, my first discovery was that the diploma privilege was created to produce a quality bar. Even more importantly, I learned that, in Wisconsin, the privilege strengthens relations between the bar, judiciary, and academy. Rather than leaving the privilege to wither and die, I now suggest that other states consider re-adopting the privilege. By doing so, they will open their bars to better connected and cared for lawyers who can (and do) receive broader, more relevant training.
