Delaware Facilitates Lawyer Licensing by Lowering Bar Pass Score

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Delaware’s Supreme Court has announced changes to its lawyer licensing requirements, including lowering the score required to pass the bar exam. The changes aim to modernize the admission process and make it more competitive for attracting legal talent. The Delaware bar exam will be offered twice yearly instead of once, and the “cut” score will be reduced from 145 to 143. The number of essays required in the exam will also be reduced from eight to four, and the number of essay topics will decrease, which will shorten the test duration from two and a half days to two days.

According to the Delaware Board of Bar Examiners, the changes will take effect before the July bar exam, which will be offered in February beginning in 2024. Chief Justice Collins J. Seitz Jr stated that the changes are a “modernization” of the admission process. This will help the state stay competitive in attracting legal talent, not a “lowering of standards.” Seitz also noted that Delaware is the only state that offers the exam only once a year, which can “frustrate applicants” if they fail and have to wait a year to retake the test, which could imperil their ability to work in the state.

The Delaware bar examination board undertook a two-year review of the test, partly informed by a 2022 report by a court-created committee focused on diversity in Delaware’s legal community. The report said components of Delaware’s bar licensing process “may be potential barriers to admission to the practice of law for people from underrepresented racial and ethnic groups who may nonetheless be qualified to practice in the State.” In response, the state Supreme Court on Tuesday also trimmed the number of categories of legal proceedings an applicant must observe and the number of weeks of clerkship required before licensing.

  

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The changes come when the processes for admitting would-be lawyers into law schools and legal practice have been under increased pressure to change. Several other states, including California, have lowered their bar exams’ passing scores. Earlier this month, the American Bar Association’s policymaking body rejected a bid to end a longstanding requirement that law schools use the LSAT or other standardized tests in admissions.

However, the ABA section overseeing law schools has revived the effort by voting to resubmit the proposal. The decision was controversial, with its impact on law student diversity as the primary point of contention. The resubmission could potentially lead to a future change in the admission process for law schools across the US.

The changes come when there is increased pressure to change the processes for admitting would-be lawyers into law schools and legal practice.

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Delaware lowers bar pass score, eases path for lawyer licensing