Becoming a Lawyer Without Law School – Part 1: The Basics and FAQs — Christina Oatfield (2024)

I became a lawyer without going to law school. Yes, that's possible in California, through the Law Office Study Program (LOSP) administered by the State Bar of California, which allows study in a law office or judge's chambers in lieu of law school. These days the LOSP (sometimes referred to as “reading the law” or apprenticing to become a lawyer) is an unusual path to becoming an attorney. Several years ago I was inquiring about any data available on this program and learned that those of us who obtained our licenses without going to law school represent a teeny tiny portion (a small fraction of a percent) of California licensed attorneys. Among those attorneys today in California who were admitted to the practice of law this way are several United Farm Workers attorneys, one of whom later became a Superior Court Judge in Kern County, and the renowned UCLA Law School Professor Gary Blasi.

I receive many inquiries about my experience with the LOSP so I've written this two part blog series to cover the most frequently asked questions I get about it. I enjoy talking about my journey to becoming an attorney and I want to help others pursuing this path, however, I receive many inquiries on this topic and I’m not always able to take the time to individually respond to everyone so I encourage everyone interested to read the state bar’s rules and my two blog posts before reaching out to me.

Key Information about LOSP

The State Bar of California's website has links to the bar admissions rules, including the rules governing the LOSP. This blog post will not cover all the rules but it is important to know the rules if you wish to enroll in the LOSP.

There is a blog/website called Like Lincoln that I helped create many years ago with some colleagues. That website doesn't get updated very frequently but the FAQ and many other posts are still relevant.

Frequently Asked Questions

How do I find an attorney to supervise me?

One of the requirements of the program is that law studies must be supervised by a practicing attorney or judge.

There is no matchmaking service for aspiring LOSP students seeking a supervising attorney. Like with many aspects of participation in the LOSP (and of practicing law generally), finding a supervising attorney requires you to be proactive.

I have heard from many aspiring LOSP students that they have a hard time finding an attorney willing to supervise them. I think some of these students make the mistake of cold calling attorneys they don't know very well to ask for an apprenticeship or job—usually not successfully. Most attorneys are not willing to take on an apprentice out of the blue, especially if the aspiring student/apprentice doesn't have any relevant legal skills to bring to that attorney's practice.

I had been doing volunteer work for a nonprofit legal organization for about a year and I had other relevant work experience before I approached an attorney involved in that organization about becoming my supervising attorney. I got a positive response because I asked someone who already knew me somewhat and because I had demonstrated interest in learning about her specific areas of practice. We also made a tentative agreement to just try it out for the first 6 months and then evaluate how things were going, so my initial supervising attorney did not feel like she had to make a 4 year commitment.

So my advice to aspiring LOSP students who are struggling to find a supervising attorney is to first gain some legal work or volunteer experience and invest time in cultivating relationships with attorneys who work in area(s) of the law that are of interest to you before you ask someone to be your supervising attorney.

What are the advantages and disadvantages of the LOSP?

There are very few attorneys practicing law today who got licensed through the LOSP and I don't know of any surveys or studies comparing experiences. But below are a few generalized observations about the pros and cons of the LOSP.

Advantages of the LOSP include:

  • Experience in a real law office, which provides more practical skill building opportunities than law school

  • Ability to focus on a particular area of law that may be of interest to you

  • Ability to set your own pace of study and choose study materials that suit your learning style

  • No law school tuition (although there are some costs associated with participating in the LOSP including registration fees and exam fees, these costs are extremely low compared to law school tuition)

  • Opportunities to work and earn income while studying (though not all LOSP students necessarily have a paid job in their law office, many of them do, and for those who don't get paid to work in the law office, the LOSP only requires a commitment of 18 hours per week so it's conducive to side hustles)

  • Avoiding the very long-winded and philosophical textbook reading assignments beloved by law professors, but which don't offer much practical knowledge about navigating the law and serving clients (at least in my opinion this is an advantage; for a small number of law students who like engaging in philosophical discussions in a classroom, this factor may weigh in favor of law school)

  • Avoiding the law school environment, which many students find to be hostile, extremely competitive, depressing, boring... (this list could go on-- there are many criticisms of the atmosphere of law schools)

  • Necessity to be proactive about managing one's time and learning, which provides great skill building in preparation for actually practicing law

Disadvantages of the LOSP:

  • Lack of professors or instructors whose full-time job is to teach (while LOSP students must have an attorney mentor, the attorney's job primarily is to practice law, not to teach students; most attorneys will have the minimal 5 hours per week available to supervise you, and not more)

  • Less frequent deadlines and less rigid scheduling of classes, assignments, and exams can be challenging, especially for students who struggle with time management and procrastination

  • Lack of student peers and the associated camaraderie, networking, and friendship opportunities provided by a school environment

  • Competitive environments at many law schools provide motivation to study for some students, (depending on your perspective the competitive environments of schools could be an advantage or disadvantage, or both)

  • Lack of universal acknowledgement of this education path by other state bar admissions rules; most (but not all) other state bars require a JD from an accredited law school for admission to practice law in their states so if your goal is to practice law outside of California, the LOSP may not give you the credentials you need.

Would you recommend the LOSP?

Going through the LOSP was both challenging and rewarding for me. If I had to make my decision all over again about applying to law school or enrolling in the LOSP, I would definitely choose the LOSP, however, I'm not sure if the LOSP is right for everyone. I found it to be a great fit for me because it allowed me to learn at my own pace and to customize my legal education. I had some very specific areas of interest within the law which are not emphasized on the Bar Exam nor in law school, so the LOSP allowed me to learn about those areas of law. I also learned a bunch of practical things which are useful in my law practice, but which law schools don't teach. For example, before getting my attorney license I already knew how to file certain types of forms with government agencies and courts, which is something law school graduates have to be trained in during their first few years of work after they graduate from law school. So I feel like I made the right choice pursuing the LOSP because it allowed me to focus on what I wanted to focus on. But that is just a reflection about myself and my own unique experience.

I think the most important factor in making a decision about whether you should pursue the LOSP is knowing yourself and evaluating whether you have the personality and motivation for really driving your own legal education. Success in any form of legal education requires focus, perseverance, time, decent reading and writing skills, and motivation to succeed, and I think that the LOSP requires all of those qualities to an especially high degree. If you know yourself to be a very self motivated person with strong time management skills and you have a pretty good idea of what area of law you want to specialize in then I would highly recommend the LOSP. If that’s not you, then you may want to seriously consider applying to law school or exploring different career paths.

What free or low-cost resources are available to LOSP participants?

The State Bar of California has basic information online about the law governing the LOSP, exam logistics, and essay questions with selected model answers from past exams. The essay questions with model answers include those from both the both the First Year Law Students' Exam (FYLSE), which LOSP students must take after their first year of study, and from the Bar Exam. However, the State Bar generally doesn't offer other study materials or other resources.

Numerous private companies offer tutoring and other test preparation services at various prices which are utilized by many LOSP students.

I found many useful study books and other materials for sale second hand at low prices online and through former law students.

The only organization I know about that's dedicated to supporting students in the California Law Office Study Program is Esq. Apprentice, an Oakland-based nonprofit which is focused on supporting low-income women of color seeking to become attorneys through to the LOSP. (Side note: in May of this year I joined the board of directors of Esq. Apprentice and I’m so excited to serve this awesome organization!)

What study materials and methods are best?

I used many different study materials from a variety of sources along my journey. If I did it all over again my approach would be this: tackle one subject at a time, starting with the three subjects tested on the FYLSE, of course. For each subject, first read the Examples & Explanations book (from Wolters Kluwer) on that subject, then do lots of practice tests on that subject. I recommend starting practice tests even before you feel like you’ve really mastered the concepts and terms for a particular topic since the practice tests help you understand what to study. For essay questions I would use the past essay questions and model answers provided by the State Bar online. For multiple choice questions I used practice tests from any of a variety of publishers.

I don’t have a strong opinion on which test prep materials have the best multiple choice questions. I used a few different ones. Some law students insist that you should use practice multiple choice questions from a variety of different publishers because different publishers create practice tests of differing levels of difficulty. The most important step in taking a practice test is to carefully review the model answers or answer keys with explanations to learn from your mistakes; consider taking practice tests as a part of the study process. Practice tests are not just a method of evaluating how much progress you’ve made in your studies; they are valuable learning tools.

As you get closer to the exam date you can start reviewing all the study materials and doing practice test that mix subjects together.Adjust your study plan as you go based on how well you are doing with different aspects of the exam.

Other LOSP students I know have preferred other study materials, such as audio recorded lectures, or different books than the ones I preferred. Each student should consider their learning style and adjust their study regimen accordingly. You might consider buying a few different books or other materials on each topic. Many law books and Bar Exam test prep materials are available second hand at bargain prices. The exam doesn’t change much from year to year, so it’s generally fine to use study materials that are a few years old, but keep an eye open for any notices from the State Bar regarding the content of the exam. The State Bar announces when significant changes are made to the scope of the exam so pay attention and adjust your studies accordingly.

Should I sign up for a test prep course? Are they worth the price?

Many LOSP students sign up for test prep courses for the FYLSE and/or the Bar Exam. Most regular law students take a Bar Exam prep course after having just completed law school. Some students swear by one course or another. Many students just feel that having the structure and expert coaching that's provided by any test prep course is paramount to passing the exams.

But I made the choice to forego the intensely structured courses, and I think I made the right choice for me. After failing the FYLSE the first time I did hire a tutor for a few hours here and there to help me with my essay writing approach and that was very helpful. Before taking the Bar Exam I asked past exam takers about their experiences, I browsed through a book called The Goat's Guide: The Complete Step-by-Step Guide to Preparing for the California Bar Exam on Your Own by Jessica Klein, and I created my own Bar Exam study plan which selectively factored in advice from the aforementioned sources. This worked out well for me as I passed the Bar Exam on the first attempt. During the actual exam I felt adequately prepared and calm.

My main aversion to the intense exam preparation courses is that they have extremely long daily agendas of scheduled activities (lectures, practice tests, reading assignments), and I have long suspected that these intensely scheduled courses backfire by overwhelming and exhausting students. I find that I learn best when I have gotten enough sleep and when I have time to digest and ponder the material that I'm studying. None of the available Bar Exam courses seem to offer a schedule that accommodates all of those things. Those courses also cost thousands of dollars. But some people insist that the courses are the way to go because they help guide you and help you make efficient use of your study time.

Like with many aspects of the LOSP, this is a question where you should consider various perspectives and experiences, and then make a decision based on what you think would be best for you, knowing your own personality, learning style, and available resources.

Can I become an attorney without going to law school in the State of _______ ?

A few other states have similar programs but most states require aspiring attorneys to go to an accredited law school as a requirement for admission to practice law in that state. I don’t keep close tabs on other states’ admissions rules, however, this blog post on LikeLincoln.org has a useful summary of other states’ requirements. I am unsure how often that page is updated and I cannot make any assurances of its accuracy, so please do your own research on your state’s requirements before you make any big plans. The National Conference of Bar Examiners also publishes a Bar Admission Guide with information that may be useful for your research.

Can I be a law apprentice in your office?

No, I'm not yet eligible to be an attorney supervisor. Please don’t call or email me asking for an apprenticeship. [January 2024 update: please see the jobs page on my website. If there is no jobs page visible from the homepage, it means the position has been filled.]

Can you help me find an attorney supervisor?

No, I cannot. I get asked to do this by way too many people and I don’t have the time to be an effective matchmaker.

Want to learn more about my experience in the LOSP and my tips for success? Check out my second blog post on the LOSP here.

Becoming a Lawyer Without Law School – Part 1: The Basics and FAQs — Christina Oatfield (2024)
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