NCBE's recent practice analysis identified "continuous learning" as an essential skill for new lawyers. 93% of new lawyers and 95% of more senior ones thought this ability was moderately or highly critical (p 62). The Building a Better Bar study likewise stressed the importance of self-directed learning for lawyers. Some new lawyers practice in areas they never studied--and that are not tested on the bar exam. Others must adapt to rules in a new jurisdiction, changes within the same jurisdiction, and changes in their own practice areas. "Given the complexity of law practice," this study concluded, "it is difficult to imagine any lawyer succeeding without the ability to engage in self-directed, continuous learning" (p 62).
The traditional bar exam does not assess this skill. On the contrary, candidates often pursue highly regimented prep courses that lead them through the material and strategies needed for the exam. Clinical work, externships, and postgraduate supervised practice are more likely to develop this skill and offer opportunities for assessing it. These pathways can highlight self-directed learning by requiring candidates to compile portfolios of work product demonstrating their competence. These portfolios give candidates control over their learning and may prompt more self direction. Jurisdictions can also require candidates to submit learning plans as part of their portfolios.
Oregon developed a simple template for learning plans that is used by candidates in its Provisional Licensing Program. The template asks candidates to identify their primary accomplishments during the last quarter, note what they learned during that quarter that will improve their work during the next quarter, and list their primary learning goals for the coming quarter. The template also lists the portfolio elements that candidates must complete to demonstrate their minimum competence. For each element, the template provides space for the candidate to note their target completion date for the element and the actual completion date.