My condolences go out to all examinees who suffered through the general bar exam last week and who encountered tsuris (Yiddish for grief); specifically in those states where meltdowns occurred. How about in Washington state, where the “NextGen” exam resulted in six hours of chaos. How to make amends? Choose one of the three equally unappetizing options: a refund that won’t cover the expenses incurred in prepping, including schlepping to Spokane (hotels, meals, etc. etc), a make-up bar exam this September, or wait until February 2027 to sit for the exam all over again.
Job opportunities lost and financial hardships are just two of the consequences that immediately come to mind.
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Why should these examinees, who, through no fault of their own, be forced to choose one of the three distasteful alternatives? Three or four years of law school, bar review, studying until your head explodes, and now this? Why should examinees be punished for NextGen FUBARs? What about diploma privilege? Why not? Several law school deans in Washington state are urging just that. Looking back at the July 2025 bar results in Washington state, the first timers passed at about 82%. Would diploma privilege really be such a risk?
There were other FUBARs in other states. Missouri had site-specific bandwidth issues (akin to my experience five decades ago when there was no such thing as bandwidth for bar exams, only power outages that required the morning session to be tacked on to the afternoon session). Maryland got off easy with its FUBAR; as technical problems delayed the exam only for an hour or so.
Why is it hard to get the administration of the bar exam right? When you have literally thousands of examinees whose future careers depend on passing, hopefully on the first go-round? What has to happen to make the bar exam administration a well-oiled machine rather than one that needs constant maintenance? (Anyone familiar with the FIAT acronym?) What lessons should have been learned more than once and are still not heeded? There are lots of moving pieces to get this right, but isn’t it the job of the NCBE to get this right, once and for all? Isn’t that the point of the NCBE’s existence? If only NCBE would live up to the mission statement it sets forth on its website in capital letters.
Once the examinees have passed, the hard work of lawyering begins. It’s not easy, nor should it be. Baby lawyers may be besieged with advice and how-tos from those who have practiced longer and purportedly have more experience. Yes but …
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More senior lawyers are involved in rain-making and client development and hand-holding, but their knowledge of the intricacies of current case laws and statutes may not be as fresh as for someone who has not yet gotten to the “I’m right, you are wrong” way of practice That’s why Jordan Rothman’s advice makes sense.
It’s not a matter of contradicting a more senior lawyer, but offering a different perspective from one who may be more cognizant of recent cases and trends. (And when were your law school case books published?) Sometimes, it is the lawyer who has had the least experience, but who has the most up-to-date knowledge who can make or break the case strategically. However, judgment that separates the wheat from the chaff takes time and experience. Thankfully so far, we still rely on human intelligence. May it always be so, and if not, I will be taking a dirt nap.
The internecine mess at Paul Weiss is now displayed for the whole world to see. Not a pretty picture. There’s schadenfreude among Biglaw firms wiping their collective brows, happy that it’s not them. But fate has a way of evening scores. The saga of Paul Weiss is the story of Icarus, who suffered from hubris and overconfidence, and flew too close to the sun. Maybe other firms can breathe a sigh of relief, for now. That relief may be short-lived, given the musical chairs that partners are playing. How much income is enough? Who and what are you willing to destroy in the process? Your thoughts?
Jill Switzer has been an active member of the State Bar of California for over 40 years. She remembers practicing law in a kinder, gentler time. She’s had a diverse legal career, including stints as a deputy district attorney, a solo practice, and several senior in-house gigs. She now mediates full-time, which gives her the opportunity to see dinosaurs, millennials, and those in-between interact — it’s not always civil. You can reach her by email at [email protected].