Bar Exams

A Truly Universal Bar Exam Would Be Welcomed

Are we heading in the direction of a truly uniform exam?

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Bored student testSome 91 percent of recent law school grads would like all states to adopt the Uniform Bar Exam. Compare that to only three years ago, when only 80 percent of recent grads supported the move. Maybe that doesn’t come as a shock to those following trends in legal education, but now that fully one half of states (and the District of Columbia) have gotten on board with the exam, momentum in the profession seems to be on the UBE’s side.

Kaplan Bar Review conducted a survey of 1,000 recent (2016) law school graduates, and the overwhelming majority believe all states should accept the UBE. Not because the content is easier (well — 16 percent said that), but most, 89 percent, cited the portability of the exam should their lives and careers take them into different jurisdictions.

“While the job market for new attorneys has improved significantly in recent years, it remains tight, and law school graduates recognize that the UBE offers greater portability and flexibility in terms of career opportunities. The UBE is not necessarily an easier exam than state-specific bar exams, but it may make the job search a bit easier,” said Tammi Rice, vice president and general manager, Kaplan Bar Review. “It’s important to note, however, that although more than 90 percent of recent graduates prefer universal adoption the UBE, half of the U.S. jurisdictions still don’t use this, including four of the five biggest states: California, Texas, Florida and Illinois. This may change, but given unique issues that states face, we believe many will hold onto their state-specific bar exams.”

It should be recognized that some jurisdictions, namely New York, saw increased bar passage rates when they made the shift to the uniform exam. Though, given the vagaries of the state-by-state exams, other jurisdictions (cough, New Mexico, cough) saw their bar passage rate decline after adopting the UBE. As Rice notes:

There are a lot of variables for why a state’s bar passage rate may rise or fall after the UBE is adopted. In some states, the UBE is actually harder than the state-specfic bar exam was, but in some states it’s not as challenging. Law schools realize how important it is for their students to pass and many have made it a priority to make sure their students get the preparation they need to succeed, as many aspiring law students look at this statistic when deciding where to enroll. A school’s bar passage rate also weighs heavily into the rankings.

This data reveals that the newest (or soon to be) members of the legal profession are ready to embrace the UBE. As more and more states get on board perhaps we are, at the very least, heading in the direction of a truly uniform exam.

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headshotKathryn Rubino is an editor at Above the Law. AtL tipsters are the best, so please connect with her. Feel free to email her with any tips, questions, or comments and follow her on Twitter (@Kathryn1).

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