Overview of the Law Office Study Program
The Law Office Study Program ("LOSP") is one of the most unheralded and seldom utilized forms of legal training available in California. The LOSP allows a person to learn and practice law, under the supervision of an attorney, outside of a traditional law school setting. It is a four-year program of practical legal training provided by a practicing attorney, or judge , who acts as a mentor to a protégé/trainee. This is a nonclassroom based legal educational option. The trainee and supervising attorney must work together for 18 hours a week.
The program was implemented in 1878. Horace Adams received the first certificate of admission into the Bar after he had read law in the office of Edward Hall, a prominent San Francisco attorney.
The name of this unique program was recently changed from the four-year Law Office Study and the Mentor Judge Study programs to the Law Office Study Program due to changes to California Rules of Court Rules 4.35-4.42 and the Committee of Bar Examiners’ Minimum Qualifications for Unaccredited Law School (Rule 4.75).
Eligibility and Qualifications
To be eligible for enrollment into the Law Office Study Program (LOSP), an applicant must meet the following requirements:
(a) A graduate of high school, any equivalent or general educational development examination or a foreign equivalent;
(b) Be eighteen years of age or older; and
(c) Be of good moral character, a character inquiry conducted by the State Bar is not required for this program.
The main requirements and commitments to participate in the LOSP are as follows. From what I have seen, all requirements are in English, it pays to have a good command of the language as both the law study books and bar exam examinations are in English, and the State Bar of California gives no leeway for whatever reason when it comes to that first requirement.
In addition to all the above requirements, the candidate must have a plan to study law in place, and a law office to work in.
The candidate will then be interviewed in person by a representative of the Board of Legal Specialization to determine whether he or she meets the requirements set forth by the California state bar association.
The student must have been engaged in a full-time legal work while studying law under the supervision of a lawyer or judge.
Process of the Study Program
The Law Office Study Program, unique to California, is structured to replace conventional law school education with a flexible, alternative method. Under this program, apprentices are required to work in the office or home office of an experienced attorney or judge for four years or 3,640 hours. This mentorship component is crucial, as it is through guidance from seasoned professionals that apprentices can fully prepare for their future careers.
Program participants must complete specific course requirements during their apprenticeship. These are condensed into 18 "Reading Laws" subjects, to be studied one every six months. An eight-hour weekly study requirement, either on the job or independently, is recommended for all subjects. In addition, it is suggested that apprentices take an "in house" exam upon completion of each subject’s reading assignment.
The Law Office Study Program also relies on regular examinations to gauge progress in the legal studies. This includes monthly quizzes, quarterly exams and two major assessments: the First Attorney Examination and the Final Attorney Examination. The First Attorney Exam is taken at the end of the second year of the Law Office Study Program, while the Final Attorney Exam is reserved for those who have completed their four-year term.
The State Bar mandates that all Program participants must complete the components outlined above to become a licensed attorney. Upon meeting these requirements, law office study apprentices are encouraged to take the July Existing Attorney Bar Exam.
Advantages and Disadvantages
The Law Office Study Program offers an alternative to the classroom-based approach of traditional law school education in California. However, this choice comes with its pros and cons.
Pros of the Law Office Study Program:
Flexibility: The program is generally more flexible than traditional law schools. The main reason for this is that the program is not overseen by the state bar. You will be required to work for a licensed attorney under what is called a "supervising attorney agreement" and keep track of your hours spent on the job strictly. After you have completed the 18 months of the program, your supervising attorney will have to submit an affidavit to the state bar certifying that you have completed the program.
Low Cost: One of the benefits of the Law Office Study Program is its affordability. The cost for the program is based on the cost of the State Bar exam application for first time attorneys. The fee is $100 as of the date of this publication. You will also spend around $2,300 on technology fees and $400 in application fees.
Cons of the Law Office Study Program:
Less Structure: When it comes to the Law Office Study Program, you will be required to teach yourself most of what you need to know. You’ll want to try to attend any programs offered by the state bar that are relevant to the areas of law you’ll be practicing. However, you may find it difficult to learn everything compared to the structure provided by actual classes.
The Credibility Factor: Many people are used to a particular style of legal education and have trouble accepting anything more flexible. This stiff mindset is just one of the reasons why the Law Office Study Program is not for everyone. Employers may also be less willing to accept candidates who are not from top law schools.
Notable Personalities and Successful Studies
Over the years, numerous prominent lawyers and judges have undertaken the Law Office Study Program and reached the pinnacle of their professions. Although many Law Office Study Program alumni pursue their studies far from the media spotlight, some who pass the California Bar Exam make headlines when they do appear on the exam results list. Many of these distinguished individuals are or were public agency counsel for California municipalities, public entities, special districts or public interest counsel in California. Others have taught law at reputable local colleges or universities. Still others received their law degrees abroad and became California Bar members after passing the California Bar Exam.
Current California Office of the Attorney General Kyle S. McGill made the switch from civil litigation to become a law office student in the late 1990’s . Kyle earned his right to practice after his successful completion of the Bar Exam. Other notable alumni include the late William Esseks, Chief Trial Counsel of the State of California Department of Fair Employment & Housing; L. Patrick Grady, who served in the State Bar of California as a member of the Board of Governors and as its Southern Section President; the late James F. Cott, former State Bar President; Charles Edward Franklin, the author of the widely used text "California Paternity Law"; Rubin Gutman, who became a successful attorney in private practice and has taught at several California law schools; Steven P. Glazer, a member of the State Assembly, former Mayor of Orinda, and former EV of the Contra Costa Democratic Party; and Pamela Gutlove, former General Counsel of the California Department of Health Services.
Application Steps
The application process for the California Law Office Study Program (Cal-Letter or R. 3) is generally simple, but there are some pitfalls and deadlines to be aware of.
First, you must identify a supervising attorney who is a member in good standing of the California Bar, and who is willing to supervise the program. The supervising attorney must be experienced in the practice of law and must have been an active licensee of the California State Bar for at least five years. You can use a referral service to connect with a participating lawyer, such as the California Law Office Study Program "Study Buddy" e-mail listserve, or ask the State Bar for a list of participating attorneys. You can also find supervising attorneys by asking about the program in any of the discussion forums at legal blogs or websites, including the Open Law Library. After you have identified a participating attorney, you must send this attorney Form 1, which is the initial application and "Statement Regarding Compliance with Rules Governing Law Office Study." Once the supervising attorney has signed the form, you must return it with the $100 non-refundable application fee. Form 1 must be returned within 90 days of signing by the supervising attorney in order to reserve a space should you and the supervising attorney decide to proceed. Although the form can be reserved for a period of up to 90 days it is wise to promptly return the form along with a check for the initial application fee. If you wait until the end of the 90-day period both you and the supervising attorney may have difficulty continuing with the program. The Law Office Study Program committee has no processing time delay for the initial application. This means that your application is reviewed, and usually approved, as soon as it is received in the office. Therefore, if the application is filled out properly the response time is fairly quick. If the application, however, is incomplete or has incorrect information, the State Bar will send it back to your supervising attorney for corrections. As it can take two-to-three weeks to process the returned application, this can create significant delays in starting the program in a particular month. If your application is approved at the first stage, the supervising attorney and you will receive additional forms to complete. These forms are Form 2 for registering for the program, and another non-refundable payment of $100 (for the Registration Fee). Again, if you fill out the form properly and send it directly to the Law Office Study Program committee, it will usually be processed quickly. If the study program committee is exceptionally busy, however, allow one-to-two weeks for this process. Once you’ve completed and submitted the registration form, you can begin your study. You will be required to submit progress reports on a periodic basis – see the State Bar website for the latest report requirements. Each report will be reviewed by the State Bar and, if approved, the study term will be recommended to the State Bar Committee of Bar Examiners. If you have completed all study and report requirements, you will be able to sit for the bar exam at the end of your study period. Certain rules might apply regarding the number of time you can sit for the exam, depending on the length of your study period. After passing the bar exam, you will be sworn in as an attorney.
Final Thoughts and Implications
The future of the Law Office Study Program in California remains an open question as the nature of legal work and legal education keeps evolving. The introduction of new technology, changes in client expectations, and the challenges faced by the legal profession all impact the relevance of the program. An ongoing examination of legal education trends, such as the recent American Bar Association resolution urging law schools to provide more flexible path for working students, will continue to influence whether the Law Office Study Program remains a viable option.
The legal profession continues to undergo significant change, with the rise of outsourcing, a decline in solo practitioners, more in-house counsel at large corporations, and increased competition from non-traditional service providers. The pandemic has pushed these changes forward and allowed for fast solutions to old problems (like online bar exams, remote trials, and practitioners appearing on Zoom) . So, while the legal industry is continuing to modernize, no one can deny the difficulty posed to recent law school graduates in passing the bar exam for a variety of reasons. If the current ABA resolution leads to changes in law schools’ curricula and business models, the Law Office Study Program may continue to play a role in accommodating the needs of those who are pursuing a legal career outside of the traditional classroom setting.
Tech-based solutions such as those being developed by BarExamStats, Law Preview, and Quimbee for LSAT preparation depict the way that the bar exam prep industry is moving. Law School Toolbox and The Bar Exam Toolbox, have helped countless law school graduates reach their bar exam goals.
Just as law school bar prep companies are shifting to meet student needs, there’s nothing to stop the Law Office Study Program training graduates from developing the next-generation bar exam prep material.
