The latest wrinkle in the legal world as a result of the COVID catastrophe concerns this year’s bar exam. As with just about everything these days, the proposed solutions are binary-give the test or scrap it. I think a middle ground may be better.

Part of the bargain professions have struck with their host societies is an agreement that, in exchange for an exclusive franchise, they will guarantee a minimum level of competence and fitness of their members. This is achieved by establishing barriers to entry and retention including minimum levels of education, a character and fitness review, a system of ethics and norms and testing, certification and licensing. How well those systems work is an open question.

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