In this episode of Stuff You Should Know, hosts Chuck Bryant and Josh Clark examine the evolution and current state of the bar exam in the United States. From its origins in colonial-era apprenticeships to today's standardized testing format, they detail how the exam has transformed into a complex, multi-day assessment that most states now use to determine who can practice law.
The hosts explore the significant challenges facing bar exam candidates, including substantial financial costs and preparation requirements. They also address ongoing controversies surrounding the exam, such as studies questioning its effectiveness in predicting lawyer competence and concerns about racial and socioeconomic biases. The discussion covers various reform efforts, including alternative paths to bar admission and plans for a redesigned exam format.

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Chuck Bryant and Josh Clark explore how the bar exam evolved from informal colonial-era apprenticeships to today's standardized testing. Initially, aspiring lawyers would apprentice under established attorneys, with their acceptance often depending on casual testing by judges. By 1750, the U.S. colonies began introducing formal bar exams to maintain professional standards.
The National Conference of Bar Examiners (NCBE) introduced the multi-state bar examination (MBE) in 1972, later adding essay components in 1988 and performance tests in 1997. By 2011, most states adopted the Uniform Bar Examination (UBE), allowing score transfers between jurisdictions while maintaining state-specific requirements.
The UBE consists of three main components: the 200-question Multistate Bar Examination (MBE), the Multistate Essay Examination (MEE), and the Multistate Performance Test (MPT). The exam takes 12 hours over two days, with passing scores typically ranging between 260-270 out of 400 points, varying by jurisdiction.
The financial burden of the bar exam includes registration fees, preparation courses costing up to $6,000, and additional expenses for travel and equipment. These costs particularly impact low-income and minority test-takers, who often must work while preparing for the exam.
During COVID-19, remote testing introduced new challenges, including software problems and strict monitoring requirements. Bryant and Clark note that some candidates faced particularly difficult circumstances, including one woman who continued taking the exam while in labor.
Recent studies question the exam's effectiveness in predicting lawyer competence. A 2024 Nevada study found minimal correlation between bar exam scores and lawyer performance, while a 2021 Oklahoma study revealed that practicing attorneys struggled to pass the exam when retaking it without preparation.
The exam has faced criticism for perpetuating racial and socioeconomic biases. Statistics show that Black law school graduates pass at rates 24% lower than white students, with similar disparities affecting other minority groups.
Some states are exploring alternative paths to bar admission. Wisconsin offers diploma privilege for graduates of state law schools, while states like Oregon and Washington are implementing apprenticeship programs. The NCBE is planning a next-generation bar exam that will be more essay-heavy, though progress in reform remains slow.
1-Page Summary
Chuck Bryant and Josh Clark discuss the transformation of the bar exam from its colonial roots to its current standardized form, highlighting the continual efforts to uphold the standards of the legal profession.
Initially, those aspiring to practice law in colonial America would apprentice or clerk for an established lawyer. This period saw apprentices working for free or even paying for the opportunity to learn the craft. Personal relationships with judges and their subjective opinions were significant, as candidates' acceptance into the bar often depended on informal testing by a judge.
Anecdotal evidence suggests that this process was quite casual at times, as exemplified by Abraham Lincoln, who once examined a lawyer in what appeared to be an informal conversation, only to later proclaim him an attorney.
As the U.S. colonies recognized the need for standardized legal practices, bar exams were introduced by 1750 to maintain professional standards.
The evolution of the bar exam has led to a mix of multiple-choice questions, essays, and performance tasks to evaluate candidates comprehensively.
By 1972, hand cramping from essay tests and the desire for standardization brought about the introduction of the multi-state bar examination (MBE), which was introduced by the National Conference of Bar Examiners (NCBE).
In 1988, the NCBE reinsta ...
History and Evolution of the Bar Exam
The Uniform Bar Examination (UBE) is the standardized bar exam structure utilized by multiple U.S. jurisdictions. It comprises three main components: the Multistate Bar Examination (MBE), Multistate Essay Examination (MEE), and the Multistate Performance Test (MPT).
The UBE begins with the MBE, a crucial 200 multiple choice question test that covers seven different areas of law including civil procedure, contracts, torts, constitutional law, criminal law and procedure, evidence, and real property.
Following the MBE is the MEE, which composed of essay questions that account for 30% of the UBE score. Lastly, the UBE includes the MPT, which assesses practical skills through tasks such as drafting legal documents or memos, and comprises 20% of the UBE score ...
Structure and Format of the Modern Bar Exam
The bar exam is a significant milestone for aspiring lawyers, but it comes with a set of costs and challenges that can affect candidates differently, depending on their resources and circumstances.
Preparation for the bar exam can be financially demanding. Registration fees alone can range from a few hundred to over a thousand dollars, varying by state. Candidates choosing to type their answers must often pay an additional fee to use a laptop provided by the examiners, ensuring that no cheating occurs. Moreover, preparatory courses can eat into a candidate's budget, with some costing as much as $6,000.
For those not living in the vicinity of a testing site, travel and lodging expenses add another layer to the cost. This investment of time and resources means that bar prep is not just an academic hurdle but also a financial one, favoring those who possess either significant savings or the privilege of not having to work while studying.
The cost associated with law school and bar exam preparation creates disparities for underprivileged groups. It is noted that Black and Hispanic students are more likely to work during their bar prep period in contrast to some of their white counterparts, who may have the luxury to focus solely on studying for the exam. This difference can impact the relative ease or difficulty of passing the exam and shapes the demographics of the legal profession.
The move to remote testing during the COVID-19 pandemic introduced a host of new difficulties. Candidates faced issues with software crashes and ...
Costs and Challenges of Bar Exam
Critics argue that the bar exam is flawed not only as a test for licensing lawyers but also in its broader social and cultural implications because of biases and its questionable ability to ensure lawyer competence.
Studies have shown that the bar exam is not necessarily indicative of a lawyer's future performance or success. A 2024 Nevada study found only a small positive relationship between bar exam scores and performance ratings by peers and supervisors, suggesting that the exam is minimally predictive of career success. Furthermore, in a 2021 study, practicing attorneys from Oklahoma failed the bar exam when retaking it without preparation, with longer-practiced attorneys performing the worst. The National Conference of Bar Examiners (NCBE) asserts that the bar exam tests for lawyer competence, yet there is no clear definition of competence from the organization.
An attorney friend of Chuck Bryant skeptically remarked on the bar exam's usefulness in measuring practical lawyering skills. He expressed that while the bar exam tests knowledge under time pressure, it does not prepare one for essential legal tasks such as depositions. He stressed the importance of learning practical skills through hands-on experience for lawyer effectiveness.
The bar exam has a history of gatekeeping that has adversely affected immigrants, Black people, and other people of color. In 1912, a "check here for race" requirement was added to the application to take the bar exam, effectively barring African American individuals until 1943. Tyler v. Vickery, a class-action lawsuit, alleged that Georgia's bar exam cut score was adjusted to keep Black people from passing, although the Fifth Circuit Court of Georgia did not find intent to discriminate.
Statistics show that Black law school graduates pass the bar exam on their first try at a rate 24% lower than white students, with other minority groups also displaying lower rates. Contributing factors include the cost of law school and the need for many minority students to work during their bar prep. Historically, people of color were banned from taking the bar exam, and despite unsuccessful lawsuits during the 1970s over discriminatory policies within the bar exam, black and Hispanic Americans continue to be underrepresented in law.
Several states offer alternatives to the traditional bar exam. Wisconsin has diploma privilege for graduates from the state ...
Criticisms and Controversies Surrounding the Bar Exam
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