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Ethics/Professional Responsibility

Jun. 6, 2025

Counselor at law: Preserving the human in legal practice

The California State Bar's AI scandal exposes a profound irony: As machines master the rules-based tasks measured by traditional bar exams, we're forced to confront what truly constitutes legal competence--the distinctly human judgment, ethical wisdom, and counseling abilities that no algorithm can replicate.

James Mixon

Managing Attorney
California Court of Appeal, Second Appellate District

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Counselor at law: Preserving the human in legal practice
Shutterstock

When AI can write bar exam questions, we have to ask: What exactly are we testing? The California State Bar's recent admission forces us to confront an uncomfortable truth about legal licensing: The skills we measure are precisely those that machines now replicate best.

The bar exam's mixed legacy

The bar exam - created a century ago - continues to emphasize memorization of bla...

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