The National Conference of Bar Examiners Task Force Has Recommended a New Bar Exam
January 7, 2021
The NCBE Task Force has recommended a new bar exam that better integrates legal knowledge and skills, and does away with the three distinct test components. The NCBE is exploring an integrated test with scenarios to answer questions from, rather than in, sections with different formats.
Scenarios with a handful of questions could replace the Multistate Bar Examination, the Multistate Essay Examination and the Multistate Performance Test. Test-takers would use the scenarios and perhaps a digital library provided by the NCBE to answer questions. As an example, a scenario could center on information that a new client gives their counsel in an initial meeting, she added. Specific questions could focus on what the primary issues are—whether additional information is needed and how should the lawyer proceed. Some questions could be multiple choice or short answers, which could be graded by a computer. Others could be long-form and require human graders.
The Task Force also suggests ceasing the expectation that candidates know legal doctrine for family law, estates and trusts, uniform commercial code and conflicts of law. Those subjects could be the context for legal problems or case scenarios with necessary resources, such as statutes, caselaw and regulation provided in testing materials.
In addition, bar exams of the future should be delivered online, according to preliminary recommendations released by the NCBE Testing Task Force. The pandemic solidified the NCBE’s view that exams can be given on computers. Computer-based exams could be administered at test centers or jurisdiction-managed sites with both options proctored in person.
The NCBE board of trustees is scheduled to vote on finalized recommendations January 28. Any changes would take up to five years to implement.
The Multistate Professional Responsibility Examination will remain a separate test.
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