Fail

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….

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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.”

This law firm is happy to get that ball rolling…

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Staci here. A scene like this must have played out in the past few weeks at the law library while everyone was studying for the upcoming bar exam. Someone who is a repeat bar taker tries to explain a legal concept that you’re having trouble with, and everyone around you is looking at you like you’re insane for listening to him. Come on, that guy failed the bar exam. He obviously doesn’t have a clue…. or does he?

Should you give credence to a repeat bar examinee’s advice, or take it with a grain of salt? Can you really trust someone who’s failed the bar exam?

Mr. Bar Exam will give you his thoughts, and he may be sharing the screen with an attractive study partner….

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Is Snooki in charge of grading bar exams in New Jersey?

If I turned on MTV and found out that the cast from the Jersey Shore had been given the “challenge” of grading the February 2012 New Jersey bar exam, I wouldn’t be surprised. I’ll say that again: SNOOKI COULDN’T DO A WORSE JOB THAN THE NEW JERSEY BOARD OF LAW EXAMINERS RIGHT NOW!

They don’t respond to emails. They don’t meet deadlines. They told people that they failed the bar when they did not. Jon Corzine didn’t mess up MF Global as much as New Jersey has botched the administration of this freaking test.

The incompetence is so intense that it’s hard to believe it’s an accident. It seems like the NJ BOLE should have to try to be this bad. Well, maybe they are. Last night, a tipster offered up a possible economic motive for all of the “issues” that have come up with the last administration of the New Jersey bar.

It’s petty and short-sighted, but I’m not sure there’s any level of corruption that you can confidently say is too low for the Garden State….

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Man, final exams week is just a bonanza for law schools screwing up.

First, we had the Villanova debacle. Now we have another law school that should get an “F” in test giving (and we may well have more, similar stories coming later this week).

Keep reading to see which law school had a professor who reportedly gave students an “exam” cribbed straight from a commercial outline…

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We can argue about whether law schools should be prepared to help people get jobs. I mean, it’s not much of an argument, but some educators insist that helping students make good on their investment in legal education isn’t a primary responsibility of law school administration.

But surely we can all agree that administering exams is a huge part of running a law school. So why can so few schools do it properly? Honestly, why do we live in a world where people pay hundreds of thousands of dollars for legal education, but when it comes time to take exams that will determine the job prospects of students, law schools routinely screw it up? Why is this even acceptable? Every freaking semester we have stories about schools that can’t get their acts together.

And today, we have another story. A story of an exam issue that seems so incompetent that it’s hard to fathom. A solution that manages the rare feat of punishing everybody, while not fixing the problem.

But perhaps we shouldn’t be surprised, given that this school can’t even get its act together when reporting data to the ABA…

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Judge Bruce Markell

Were there ever a time to use “fail,” as the contemporary vernacular permits, it is now, and in reference to this deplorable display of legal representation: it was an epic fail.

– Judge Bruce Markell, in a recent opinion in a Las Vegas Chapter 13 bankruptcy proceeding, which concluded that the debtors’ attorneys, Barry Levinson and Jeremy Mondejar, should be sanctioned for their ineffective representation.

(What did these Cooley Law graduates allegedly do to irk Judge Markell in this way? Take a look, after the jump.)

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