Bar Exam

The pandemic’s disruption to the status quo brought with it a critical view of the bar exam, how it is administered, and whether it actually tests what it purports to. The status quo—and tinkering around its edges—is not good enough. It is time we had the courage and will to look beyond the assumptions that underpin the current bar exam and towards outcomes and purpose for a new era.

In a groundbreaking report, IAALS, in partnership with Professor Deborah Merritt at The Ohio State University Moritz College of Law, has defined the minimum competence that new lawyers need to be qualified to practice law—and provides recommendations for how legal licensing processes like the bar exam must change to be more fair to bar applicants and to better protect the public.

The legal profession is fraught with systemic barriers to entry that form ripple effects on the road to becoming a lawyer. The pathway is much like narrow pipeline—entry is limited and every segment is springing leaks, disproportionately affecting people of color along the way—creating a profession that is among the least diverse in the country.

Unauthorized practice of law rules grant lawyers a monopoly on providing legal advice and prevent “nonlawyers” from providing any meaningful legal assistance. This mindset codified in the UPL rules, along with our country’s staggering racial wealth gap, have a chilling effect on Black Americans' access to the legal system.

In 2018, the NCBE created its Testing Task Force to conduct a three-year project that, in part, examines whether the bar exam is a valid measure of minimum competence to practice law. Last month, NCBE released a report detailing the findings of Phase 2, a national practice analysis, which will provide a foundation of data for bar exam reform.

On April 7, the ABA Board of Governors approved a resolution urging state licensing authorities to immediately adopt emergency rules that would authorize recent law school graduates to practice law without passing a bar exam, in light of the COVID-19 pandemic.

In a new white paper published on March 22, 11 legal scholars stress the need for jurisdictions to consider alternative licensing options for the Class of 2020 and others slated to take the bar exam this summer, in light of restrictions in place due to the COVID-19 pandemic.

Since the launch of our Building a Better Bar project last July, IAALS has made significant headway in empirically defining the minimum competence law school students need to move on to successful practice. As of mid-February, we've held nearly 40 focus group sessions; we will wrap up all focus groups in March, and are preparing for a thorough analysis of the rich qualitative data we have gathered.

As thousands prepare to sit for the bar exam, IAALS is spearheading an empirical effort to define the minimum competence they need to practice law and to ensure the fairness, efficacy, and validity of the bar exam itself.

The California State Bar recently released the results of a study on the state bar exam’s current cut score, or pass line. The study, which was accelerated in order to possibly apply a new score to the July 2017 exam, suggests two possible options for addressing concerns that the exam may be too hard: 1) Leave the pass line at its current score of 1440 (144 on the 200-point scale), or 2) Set an interim pass line of 1414 (141.4 on the 200-point scale). The Committee of Bar Examiners and the Board of Trustees’ Admissions and Education Committee voted to adopt the study and to collect public comments on both options until August 25.