The bar exam is currently undergoing significant changes, with California creating its own exam, the ABA approving new pathways to licensure, and states lowering bar pass cut scores. This flurry of activity has experts calling this a key moment for the bar exam.
The COVID-19 pandemic, the development of the NextGen bar exam, increased exam costs, equity efforts, demographic shifts, access to justice concerns, and questions about new attorneys’ readiness for practice are all driving forces behind the changes. The National Conference of Bar Examiners will sunset the current Uniform Bar Examination in 2028, prompting states to consider using the NextGen exam.
The NextGen exam aims to focus on the skills needed by junior attorneys, such as research, client management, and dispute resolution. While the NCBE is working to shift to the new exam, some experts worry that it may not go far enough in overhauling the current system.
States like California and Nevada are exploring alternative pathways to licensure, including supervised practice and hands-on assessments. Lowering cut scores is also under consideration in some states to address racial and ethnic disparities in bar passage rates.
The ABA’s approval of alternative licensure methods beyond the traditional bar exam could lead to more states adopting new approaches. However, concerns about portability and the perception of readiness for practice remain as the bar exam landscape continues to evolve.
While the bar exam has long been seen as a necessary gateway to the legal profession, the ongoing changes raise questions about its effectiveness and relevance in today’s legal landscape. As the legal profession adapts to new challenges and demands, the bar exam may need to evolve to ensure it remains a reliable measure of minimum competence for aspiring attorneys.
