Provisional Licensees can perform most of the tasks that newly licensed lawyers perform. A study of California’s supervised practice program found that supervisors thought their candidates were especially hard working and were able to expand their client base as a result. Employers were also impressed by the diversity of candidates, which improved their client services and practices as a whole.
Not at this time. We currently only process applications from Supervising Attorneys and employers who have already employed (or agreed to employ) an applicant who plans to use the SPPE to seek bar admission.
As soon as you make a commitment to hire an SPPE applicant. Both applications must be submitted and processed before the candidate seeking a Provisional License submits their application.
No. The candidate seeking a Provisional License will pay the fee when they submit their application. If your organization can reimburse the applicant for that fee, we encourage the organization to do so. Once the applicant receives a link to apply, email admissions@osbar.org with the subject line “Need Assistance with Employer paying SPPE Application Fee.” An admissions staff member will contact you to collect the required funds.
No. The program works best if an applicant has a single Supervising Attorney overseeing their work. Supervising Attorneys can delegate some of their duties to an employee in the same organization who is an active member of the Oregon State Bar. In some circumstances, two attorneys from different organizations may apply to serve as Supervising Attorneys for the same applicant, but a Provisional Licensee cannot have more than two Supervising Attorneys at one time.
Yes, as long as the Supervising Attorney can fulfill their supervisory responsibilities and program requirements for more than one Provisional Licensee. We do not recommend a single Supervising Attorney supervise more than two Provisional Licensees.
A Supervising Attorney must:
A Supervising Attorney’s primary responsibility is to supervise their Provisional Licensee’s work. They assume personal and professional responsibility for the guidance and quality of their Provisional Licensee’s work and must consider the client’s interest at all times. Additionally, Supervising Attorneys must:
Employers must:
No, but an employer should have at least one Oregon-related legal matter active at any time and ensure that they have sufficient work related to Oregon or federal law to fulfill the program requirements. Keep in mind that an Oregon Provisional License only authorizes practice in Oregon. Provisional Licensees can submit work related to federal law if their Supervising Attorney is qualified to supervise work in that area, but they may not submit work related to the law of other states.
The SPPE is designed to encompass all types of legal workplaces. There may be creative ways to help your Provisional Licensees meet the requirements, such as taking on pro bono matters for client interactions or negotiations, and summarizing oral advice or writing blog posts for written submission. If necessary, the admissions department can provide mock negotiations, simulated client interaction and writing assignments. However, in most cases, it will be a better learning opportunity and more convenient for Provisional Licensees to fulfil requirements within their workplace.
At minimum, employers are required to pay Provisional Licensees the same salary and benefits they would pay other recent law school graduates, for at least 20 hours of legal work per week. However, since Provisional Licensees can perform more duties than unlicensed graduates, you should strongly consider paying Provisional Licensees the same salary and benefits you would offer to a newly licensed lawyer. There are limited exceptions for Provisional Licensees who hold a grant or stipend compensating them for their work, or who provide pro bono services for clients who are not billed for that work.
No. If a Provisional Licensee’s workplace performance is unsatisfactory, you may dismiss them before they have finished the SPPE pathway. Similarly, if a Provisional Licensee finds their employment unsuitable, they may seek a new employer and Supervising Attorney.
With Supervising Attorney consent and supervision, applicants can engage in a wide range of lawyering tasks, including preparing documents, taking depositions, drafting contracts, conducting client intake and negotiating. SPPE provisional licensees work within the same parameters as certified law students under Chapter 13 of the Rules for Admission.
No. Applicants can only begin counting hours or compiling portfolio items after they have submitted their application.
Yes. Each week, Provisional Licensees can only count 40 hours of any work commonly performed by an attorney. They cannot carry excess hours to subsequent weeks. OSB recommends that Provisional Licensees do not work more than 12 hours a day.