Ask The Professor: Is The UBE Really As UBE As You Think?
The hybrid UBE approach, adding an additional yet separate local test, only makes the process more difficult for students, not easier.
The MBE (Multistate Bar Exam) has been adopted in 49 out of 50 states. Although titled “bar exam,” it is not a “bar exam.” It is a uniform test, the score from which is used as just one part of a full bar exam. Each state that has adopted the MBE assigns a weight to be given to the MBE. In New York, for example, the MBE comprises 40% of the total score on the bar exam. In California it is 35%, and in New Jersey, it is 50%. As such, while doing well on the MBE section helps, it does not mean you will automatically pass the “bar exam.” Most states also administer essays, and some states administer a performance test.
On the other hand, the UBE (Uniform Bar Exam), in and of itself, is designed to be a true uniform bar exam. But there is a difference between a Uniform Bar Exam whose score could become part of the process, like the MBE, and a Universal Bar Exam.
So far, 15 states have adopted the UBE, with New York becoming the 16th state, starting in the summer of 2016. Each state decides on the UBE score that is passing in that state, and if you take the test in any UBE jurisdiction, you can apply the score to any state that accepts that score or less as a passing score. State passing scores range from 260 as a low to 280 as the high. The Advisory Committee on the UBE in New York recommended that the passing score on the UBE in New York be 266. So in theory, if you take the UBE in Colorado and get the Colorado passing score of 276, then you should be able to apply it to New York and get admitted.
But is this really the case? No. The UBE may be a uniform bar exam, but it is not a “Universal” Bar Exam the way you would want it to be. New York starting in 2016 will also require you to take an additional local exam.
Within New York, there was significant opposition to the UBE’s adoption — law schools, bar associations, and many others voiced their concerns at state-held public hearings. The bar examiners’ main argument in favor of the UBE was the benefit of the portability of an applicant’s score to any other UBE jurisdiction.
Portability? That sounds pretty good, doesn’t it? On May 6, 2015, Fortune Magazine wrote: “It’s a great advantage for young lawyers in that it enables them to have a seamless transition to a different state without having to study and sit for another bar exam.”
Seamless? Not so fast. Here is the joke on anyone who takes the UBE in a state besides New York and attempts to apply it to be admitted in New York: You received a 266, the New York passing score, but to be admitted, you need to also take an online course on New York law and a separate test on New York law. This test is not called a “bar exam,” nor is it technically part of the bar exam, but just like the bar exam, you have to take a review course (it is mandatory and state administered) and a test. The UBE is not as UBE (universal) as you might think, at least if you want to be admitted in New York.
New York is not alone. Of the 15 UBE states, nine allow you to apply for admission after simply passing the UBE. In those jurisdictions, it is a “Universal Bar Exam.” But there are six UBE states that have additional requirements that need to be met before an applicant can be admitted. In these states, the UBE is not so universal.
With New York adopting the UBE, many states will follow and are likely to adopt the New York model and add mandatory local tests. While the UBE score may be portable, the student still faces taking what is essentially another bar exam for whichever state they wish admittance. If that is indeed what happens, then this begs the question: how has the switch to the UBE really made things easier on students?
The UBE should not be just a uniform test that has a portable score that states use as part of their testing process. For there to be true portability, the UBE should be a Universal Bar Exam. If a state wants to test local law, then it should keep the local state bar exam. The hybrid UBE approach, adding an additional yet separate local test, only makes the process more difficult for students, not easier.
Professor Joseph Marino has been a fixture in the world of legal education for the past 40 years. Whether you’re just starting law school, about to take the bar, or an attorney in need of CLE, he and Marino Legal Academy are here to help. He is the Director of Marino Bar Review and the Marino Institute for Continuing Legal Education. He writes a bimonthly column, Ask the Professor. Visit the Marino CLE page on ATL, connect with him on LinkedIn and Facebook, or email him via [email protected].
