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Mixed Reactions Surface for New Bar Exam in Previews

Anthony Kwan/Pool via REUTERS

The legal community received a sneak peek into the upcoming Next Gen bar exam, scheduled to debut in July 2026, when the organization responsible for its design released a selection of sample questions last week. The reaction from legal educators has been diverse, with some expressing concerns about the exam’s perceived simplicity and similarity to the current format, while others view it as a step in the right direction towards a more practical assessment of legal knowledge.

The Next Gen bar exam has been in development since early 2021, with the National Conference of Bar Examiners spearheading the efforts. The motivation behind this overhaul was in response to criticism that the existing exam fails to mirror the real-life challenges of practicing law. The forthcoming class of law students starting this fall will be the first cohort to face the Next Gen bar exam upon graduation.

Among the eight multiple-choice questions and six “integrated” questions included in the Next Gen preview, legal educators were quick to point out their initial reservations. Some raised concerns that the questions appeared too straightforward, leading to doubts about the exam’s ability to truly assess a candidate’s legal acumen. These criticisms further raised worries that the revamped test might not be substantially different from the current one, which law graduates are set to undertake on July 25 and 26.

Mike Sims, the president of the bar exam preparation company Barbri, voiced his opinion, describing the Next Gen exam as an “evolutionary” rather than “revolutionary” change. Sims noted that the new test resembled the current bar exam, with only a few additional elements introduced. This sentiment left some educators disappointed, as they were hoping for a more radical departure from the traditional format.

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However, Joan Howarth, a former dean of Michigan State University College of Law, and an advocate within the attorney licensing reform movement, offered a different perspective. She praised the sample questions for taking a step in the right direction by emphasizing practical application and discouraging excessive reliance on memorization. Although she acknowledged that the format might not be ideal, she believed that the Next Gen exam encouraged candidates to think more deeply about legal issues.

The Next Gen Bar Exam is set to include nearly half standalone multiple-choice questions, while the rest will consist of integrated questions and longer writing tasks similar to the current Multistate Performance Test. According to Andreas Oranje, the National Conference’s managing director of assessment programs, the retention of multiple-choice questions is essential to ensure consistent and reliable test scores over time. He assured that the exam would feature more extensive multiple-choice questions than the limited sample provided.

Despite Oranje’s explanation, some educators, like Marsha Griggs from Saint Louis University School of Law, expressed disappointment that the Next Gen exam retained a significant number of multiple-choice questions. Griggs believed that this decision represented a missed opportunity to transform the test into a more comprehensive evaluation of candidates’ legal knowledge and skills.

Another concern legal scholar Josh Blackman, a professor at South Texas College of Law Houston, raised was the sample questions’ perceived ease. Blackman argued that the questions merely required test takers to identify issues without applying legal rules, making them considerably easier than anticipated. He suggested that states adopting the Next Gen exam should consider raising the passing score to ensure a higher level of proficiency.

As the legal community continues to analyze the Next Gen bar exam’s preview, it remains evident that opinions are sharply divided. While some educators appreciate the potential improvements, others harbor reservations about its overall impact on the legal profession. As the exam’s debut approaches, legal educators, students, and practitioners eagerly await further developments to determine the full implications of this transformative assessment method.

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Rachel E: