Monday, February 19, 2024

The Bar Exam: One Step forward and 3 Steps Back

As I approach the end of my 3L year, I have been giving a lot of focus to the bar exam (especially since I am crazy and plan on taking two bar exams). I have often heard that this exam is supposed to be a test of minimum competency and I have to strongly disagree. How could a test that requires (basically) months of dedicated study time in addition to 3 years of schooling be a test of minimum capacity. Furthermore, we see this sentiment of minimal competency fall short when reviewing the low pass rate of Attorney Bar Examinations (bar exams for already licensed attorneys seeking licenses in another state). Its no secret that the current bar exam flawed. There is enormous amount of subjects you must learn and memorize, it essentially requires you to not work and dedicate your life to studying for it for months, it has harsh time restraints, its expensive, etc. the list goes on and on. After years of hearing complaints from bar takers, the NCBE has decided to revamp the bar exam for July 2026 bar takers. This test will reduce the subjects tested from 14 to 8, reduce the test length from 12 to 9, and consist of 3 question types: integrated question sets, MCQ's, and long writing tasks that aim to test skills rather than memorization. While these are steps in the right direction, we are saying the NCBE failing to address other concerns with the bar exam such as costs/fees. In California for example, the Board of Bar Examiners approved a fee hike for law students taking the bar from $677 to $850, while out of state attorneys attorneys exams will increase from $370 to $1000. Furthermore, California is reducing the amount of locations to take the bar exams which is an added cost onto test-takers. Not only do hotels uncharge during the weekend the bar is administered but now there's even fewer locations requiring some students to travel to take this exam. It appears that the board of bar examiners seemed extremely focused on costs rather than fully hearing and taking into consideration the complaints of students. While, I understand that at the end of the day this is a business and profit is a top priority, it is disappointing to see so many issues being brushed under the rug. 

2 comments:

  1. Hi Melina!
    Your post stuck out to me because I feel like I'm constantly thinking about the bar even though we don't go into full study mode just yet. Your comment about the hotels upcharging is something I was talking to some friends about recently. I remember the day the Florida bar dates were officially released, the hotels directly next to the convention center were sold out within minutes. It's so crazy to think that every person in Florida taking the exam has to come to Tampa. It's convenient for us because we are close by, but I don't understand why there aren't multiple locations. I can't imagine the added stress for people that live in south florida or farther that have to add travel into the mix to take the exam.

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    1. Hotels upcharging for the Bar Exam is not new. I took the Bar Exam in Michigan (only offered in East Lansing at the Michigan State University Campus). All the hotels were booked and prices were significantly higher than usual. My wife and I stayed at a cheap Motel 6 on the highway in nearby Lansing. It had a black and white television. That was the day Prince Charles and Princess Diana got married. While I took the Exam in an un-airconditioned dormitory cafeteria, my wife watched the wedding.

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