Bar Exams, Law Schools

The Bar Exam: Mend It, Don't End It

Here's an interesting proposal for how to fix the bar exam, from columnist Shannon Achimalbe.

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Recently, law school deans and law professors have been calling for reforming the bar exam or eliminating it altogether. They say the exam is out of touch because it does not test the skills that competent lawyers need. The exam is overbroad because it unnecessarily forces students to study generalist subjects when most lawyers are specializing. Others say the exam is elitist, racist, or classist by keeping out minorities or those who come from disadvantaged backgrounds who will likely help the middle class or poor people.

I find it very convenient that they say this when bar exam passage rates have plummeted recently. The examiners blame it on “less able” test takers. Due to declining law school enrollment in recent years, schools are admitting students with lower LSAT scores and undergraduate GPAs. This trend is continuing, and one law school has devoted almost an entire law review issue to dealing with the underprepared law students of the future. If the bar passage rate continues to plunge, then some schools’ ABA accreditation may be at risk.

I agree with the academics when they say the bar exam does not test the skills needed to be a competent lawyer. I also agree that the bar exam should not be used to evaluate the quality of a law school.

Regardless, I want the bar exam to stay. The academics said nothing when times were good (whenever that was). Sorry, but you are not allowed to change the rules just because they are now threatening your salaries. Killing the bar exam will not solve the fundamental problem that law school graduates have faced for decades: there are not enough jobs to sustain the number of graduates.

While I’m sure some will complain, I like to think that today’s law school graduates – you know, the ones who really want to be lawyers and supposedly are not in it for the money – will accept this in stride. They should see the bar exam as the great equalizer. They know that their elders will unfairly view them with a presumption of stupidity until proven otherwise. So this is their chance to prove to the profession, to society and to themselves that they are just as sharp and competent as their predecessors.

However, preparing for the bar exam can be brutal and stressful. Most people only have a few chances to fully prepare for it. This is because after a year, student loan deferrals will end, savings will shrink and the unemployment gap will grow. At some point, whether you pass the bar or not, you will have to enter the working world and pay your bills. Unfortunately, working full time will make it harder to find time to study. You will have even less time if you have children or elderly family members to care for.

Another problem is that law students have to pay thousands of dollars on a bar review course (which is essentially a condensed recap of first-year classes) after spending a mortgage to pay for their education to date. Some people recommend that “investment,” arguing that it provides helpful structure for studying. But the truth is, if you have a high level of self-discipline, you can prepare for the exam on your own and at minimal cost. You can buy used bar preparation materials for pennies on the dollar from eBay, law bookstores, or upperclassmen. You can also find free resources online (like this creative lecture, or the musical stylings of YouTube user slursaner). Your law professors should be nice enough to review and critique your essay answers. But some people feel that by spending money on a bar exam course, it gives them a sense of security and extra motivation to study and pass. For these people, I strongly suggest looking at your student loan bill. That should give you all the motivation and discipline you need.

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So I want to propose a solution that keeps the bar exam but minimizes the time, expense and hopefully the stress of preparing for it: Let third-year law students choose whether they want to spend their final semester taking traditional classes or exclusively studying for the bar exam.

A few may choose to finish law school the traditional way. These include the law review editors. Or moot court members who want that all-expenses-paid trip to another state to participate in a competition in front of judges and attorneys who will never hire them. Or those who really want to take that seminar on “The Laws of Thermodynamics.” Or those who are in the top of their class and need that GPA bump so they can graduate magna cum laude rather than just plain cum laude. These people are likely to pass the bar exam on their own.

The rest should be allowed to spend the final semester of law school taking “classes” that prepare them for the bar exam. Some schools are already doing something similar in conjunction with bar exam prep companies. These people should not have to take final exams because the bar exam will serve that purpose. If they pass the bar exam, then they also pass the bar exam classes. They should also be allowed to work for law firms where they will have many opportunities to take real-life “performance examinations.”

I would even go a step further and not award the JD degree until they pass the bar exam. I say this because I have seen a number of legal job openings that do not want someone with a JD. For every “JD Advantage” job out there, there are at least ten that state “No JDs please” or “JDs need not apply.” If their schools don’t award the JD degree immediately, these law students can apply for “no JD” positions without having to lie.

The legal profession is undergoing a much-needed correction by admitting fewer law students. But if there was ever a time to maintain a comprehensive examination testing basic lawyerly skills, it is now, especially since the entering credentials of law students are decreasing. I think steps should be taken to make it easier for students to prepare for the bar exam. Once the correction is complete, we can then talk about reforming the bar exam.

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Shannon Achimalbe was a former solo practitioner for five years before deciding to sell out and get back on the corporate ladder. Shannon can be reached by email at [email protected] and via Twitter: @ShanonAchimalbe.

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