Michigan will allow prospective attorneys to use out-of-state bar exam scores to practice law in the state if a bill sponsored by state Rep. Andrew Fink ’06 becomes law, Fink said in a statement.
House Bill 5541, known as the Revised Judicature Act, passed the Michigan House of Representatives unanimously on Jan. 25, according to the Michigan legislature. It will allow individuals to use a Uniform Bar Examination score and a $400 fee to become licensed to practice law in Michigan.
“House Bill 5541 would allow for the Universal Bar Examination to be an option to be admitted to the State Bar of Michigan,” said Caleb Lambrecht ’21, Fink’s legislative aide, in an email.
John Nevin, communications director for the Michigan Supreme Court, said in an email the bill will allow for UBE scores to be considered by the Board of Law Examiners. Currently, the law does not specify anything about UBE scores, according to Nevin.
In October 2021, the Michigan Supreme Court ruled that the Board of Law Examiners could accept UBE scores. In a concurring opinion, Justice Megan Cavanagh wrote UBE scores would provide a national standard of competency.
“This change seeks to ensure a standard level of competency for lawyers across the country, allows for score portability, and makes the practice of law more accessible to law school graduates facing employment challenges and rising debt,” Cavanagh said in the opinion.
The $400 fee will cover processing costs required by the Michigan Board of Law Examiners, according to the bill. The fee may be waived if the individual practices law actively in Michigan or teaches law full-time at a Michigan law school.
Michigan will join 41 other states and territories in allowing UBE scores, Nevin said.
Lambrecht said UBE is a relatively new innovation in the legal field, which only gained momentum in the last 10 years.
“The key benefit is score portability which benefits new law school graduates so that they don’t have to take multiple bar exams when seeking a job,” Nevin said. “Most importantly, the public benefits because they can be assured that those who pass the bar have achieved a standard level of competency.”
Lambrecht said the bill will benefit all Michiganders.
“By allowing the Universal Bar Examination, it allows attorneys who have taken the exam to have fewer barriers and more freedom to practice law,” Lambrecht said. “Implementing the Universal Bar Examination allows Michigan to attract talented attorneys from around the United States to practice in our state, which will also lead to better legal representation in the long run for its citizens.”
Nevin said allowing UBE scores also will attract younger lawyers to the state due to the transferability of their scores.
Opponents of UBE scores are concerned that UBE will lead to lawyers less familiar with Michigan-specific law, Nevin said. However, Fink’s bill does not prohibit the Michigan Board of Legal Examiners from adding a Michigan-specific component to their licensing process, Nevin explained.
