I think kddani's point is well-taken. At some point you have to decide who is best qualified to tell if a lawyer (or doctor, physical therapist, etc.) can practice on their own and be of good to their clients. I can't think of anyone better qualified to measure competency than those who are in the profession themselves.
Also; who is to say that someone can't pass the bar on a fluke? Unlikely, but that's not to say that it can't happen. The combination of a J.D. and passage of the bar further limits the chance of an incompetent lawyer being allowed to practice.
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