Almost a month after ExamSoft treated us to the biggest bar exam disaster ever, they’ve issued an apology. Well, that’s something. One would have expected this within hours of the debacle that the Internet dubbed #Barghazi. Maybe it was written in July and it’s just taken this long for the ExamSoft software to load it up.
Well, it’s only taken a week for ExamSoft to go from a random company whose name you couldn’t remember one week after the bar exam to “ExamSoft: Destroyer Of Worlds.” Today we can report that the first lawsuit has been filed against the company. It won’t be the last.
This is going to be a fun ride, and we are only at the beginning. By next week I predict the counter-narrative to get rolling. Maybe a dean will pen a New York Times op-ed about how kids these days, with their computers and text machines and MyBooks, don’t know how to take “personal responsibility.” Somebody will say that it is the test takers’ fault, for buying a program and having the audacity to believe that it would work as intended.
Looking deeper into my crystal taco, as lawsuits proliferate, there will be a circuit split. The Second and the Seventh will affirm decisions against ExamSoft, while the Third and Fifth will reverse. The Third will say that we need to learn a powerful lesson about our over-reliance on technology, while the Fifth will hold that a reasonable person wouldn’t try to write an essay in the clouds: “that’s pure hogwash,” it’ll say.
Eventually this will get to the Supreme Court, which will rule, 5-4, to relieve ExamSoft of liability. Writing for the majority, Justice Alito will argue: “When a person, such as ExamSoft, fails so spectacularly in its duties, the key question is to determine if that person is a man or a woman. If male, the person’s own sense of shame will be punishment enough. But if female, the Court must teach a lasting lesson. Here, we find ExamSoft to be a male person, and therefore must reverse the trial courts. The students should clearly incorporate themselves if they wish to pursue further remedies.” Concurring in part, Scalia will tell us that the bar has become too easy of a test and ExamSoft merely introduced a greater barrier to entry. Breyer’s dissent will be something like: “I was robbed once just like these test takers and, goodness gracious, it was scary.”
Okay, you’re welcome. Now that we all know where this thing is going, we can savor the wonderful journey together. Let’s look at the first lawsuit….
Chum’s in the water, folks. And here come the sharks.
Since we first learned that ExamSoft ruined the otherwise relaxing experience of taking the bar exam, we’ve anticipated lawsuits. You can’t piss off all the would-be lawyers you can get your hands on and expect to come through un-served. It is known.
One person on Twitter put it this way: “Numerosity, commonality, typicality, adequacy: Pretty sure all harmed #barexam takers could form a class action against @ExamSoft.”
* In New York, an appellate court upheld a decision requiring a bank to forfeit interest and attorney fees for dragging out a foreclosure settlement conference through 18 court dates spanning 16 months. If you outlaw needlessly dragging out litigation to bully the other side, only outlaws will drag out litigation to bully the other side. [WiseLawNY]
If corporations really were people, ExamSoft would have to go into hiding right now. Did you see how every New Yorker suddenly had a farm implement or a rifle to deal with Sharknado 2: The Second One last night? That’s what would happen if Mr. ExamSoft was spotted strolling past a group of bar exam takers.
But ExamSoft isn’t a person, it’s a corporation, a corporation that royally screwed up. YOU HAD ONE JOB, ExamSoft, and you didn’t get it done. In America, you are supposed to be able to get your money back when a business screws up this badly. Kids paid between $100 and $150 for software that not only didn’t work but almost ruined their lives. Saying “I’m sorry” isn’t going to cut it.
Unfortunately, “I’m sorry” seems to be the only thing ExamSoft is willing to do at the moment…
* Could this be the worst judge in the country? [WFPL News]
* “Study Finds College Still More Worthwhile Than Spending 4 Years Chained To Radiator.” Congrats to Michael Simkovic on his new paper. [The Onion]
* The next Hobby Lobby could be Notre Dame, who wants the right to not have to pay for insurance that might possibly allow women to purchase birth control that kind of but aren’t really abortifacients in any scientific sense. It’s represented pro bono by Jones Day. Honestly, I don’t have it in for Jones Day, but it seems like every… single… damn… time I write something about a firm doing awful things I end up typing J-O-N-E-S-D-A-Y at some point in the article. [MSNBC]
* Helpful judge tells criminal to change his ways — not because he’s a criminal, but because he’s a really bad criminal. [Huffington Post]
* J.D.s should consider panhandling as a legitimate career alternative. [Law and More]
In case you’re not already well aware, last night the legal profession stood witness to the biggest bar exam disaster in history. Bar exam takers nationwide were absolutely enraged — as they rightfully should have been — because ExamSoft’s servers were overrun by thousands of aspiring lawyers trying to upload their essays before their state’s deadline came and went.
Instead of going about their business and exhibiting “forbearance with the situation” as requested by the bane of their collective existence, bar takers flocked to Twitter to shake their virtual fists in anger in tweets directed at ExamSoft.
As you can imagine, there were some very entertaining tweets being sent out. If you love schadenfreude and other people’s pain brings you pleasure, you’ll love this…
Making life hard is a GIANT understatement. Judging from the dozens of furious emails, text messages, and tweets we’ve received over the past few hours, this appears to be the biggest bar exam debacle in history. It’s certainly the most serious bar disaster I’ve ever covered in the eight years since I started Above the Law. Bar takers around the country are in full-on meltdown mode.
Just like ExamSoft, the apparent source of the problems. An unknown number of bar candidates, but surely numbering into the thousands, cannot upload their completed exams to ExamSoft — despite deadlines for doing so (which vary from state to state).
Keep reading for disaster reports from around the country, plus statements from ExamSoft….
(Please note that we will be UPDATING this post, so refresh your browser for the latest.)
Is the bar exam like a rat race? Well, when there are actual rats in the building....
If you just completed the 2012 bar exam, congratulations. For many of you, the bar exam will be the last test you ever take in your life. How good does that feel?
Special congratulations to those of you who just emerged from three days of bar exam misery, either because you took the bar in a state with a three-day test or because you took the bar in two different states. I took the New York and New Jersey bar exams back to back — and I had to take New York up in Albany, which meant hours of driving with a fried mind — so I feel your pain.
Pain and the bar exam go hand in hand. Earlier this week, we shared with you bar exam horror stories from Virginia and North Carolina.
Today we have many more bar exam dispatches. Read on for stories of horror and heroism, reports of rodents and other creepy critters, and claims of shady behavior….
UPDATE (7/27/2012, 11 AM): Please note the UPDATE appended below regarding the Virginia bar exam.
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