Law School Academic Support Blog

Real World Events as Tools to Inform Learning

Often times I hear students suggest that what they are learning in law school seems so unmoored to the reality of the world, especially in the midst of this pandemic.  I wonder.  Could there be a way to connect law school learning to real life experiences? More to the point, to the extent that students feel that way, that might be our fault for failing to use the latest news events as tools to facilitate and enhance our students' learning.  

So, here are a few examples of some rich possibilities to help bring the gap between academics and practice as students finish their online classes and prepare for their upcoming final exams:

I. Retrieval Practice - Fed Civil Procedure (Venue):

Perhaps this ongoing story caught your eye about the Cuban doctors suing the Pan American Health Organization, an agency of the United Nations in federal court in Miami, Florida. Cuban Doctors Who Worked in Brazil Sue International Organization Alleging Forced Labor, Miami Herald (Nov. 30, 2018). 

According to recent press reports, this class action is pending a decision by the judge as to whether to transfer venue to Washington, DC, from Miami, Florida.  

Here's some of the questions that I asked students:  (1) What's the standard for a request to transfer venue?  (2) What's the rule for the initial venue choice? (3) What are the basic requirements for a class action case?

II. Retrieval Practice - Property and Contract Law (Marketable Title & Contract Defenses):

Here's one for the 1L students preparing for final exams.  It seems that a Chinese company is suing a South Korean company in State Court in Delaware to compel (i.e, for an order of specific performance) the defendant to close on a real estate deal to buy a portfolio of 15 luxury U.S. hotels. https://www.wsj.com/articles/former-anbang-unit-suing-south-korea-s-mirae-for-failure-to-close-on-5-8-billion-hotel-portfolio-purchase-11588006092?mod=searchresults.

According to the news article, the defendant asserted two grounds for its refusal to close the deal as justification for its breach of a property sales contract.  First, the defendant argues that the COVID-19 pandemic serves as valid contract defense of impossibility to perform.  Second, the defendant argues that the title for the hotel group was unmarketable at the time of closing earlier this month because a "California individual had secretly created fake deeds [that] purported to transfer ownership of at least six hotels in California [in the hotel group]. Id.

Here's some questions to ask of students?  (1) What's marketable title mean? (2) Is the defendant entitled to a contract defense to prevent specific performance? (3) is this lawsuit a common law contract case or a UCC Article 2 case and why?

III. Retrieval Practice - U.S. Constitutional Law (Equal Protection Clause & Freedom of Speech):

According to a recent media report, several individuals have filed suit against the California governor alleging that the governor ordered the state police to stop issuing permits for protests on the state capital grounds while "noting the Capital in Sacramento has hosted a variety of [other] demonstrations." https://www.msn.com/en-us/news/us/california-faces-civil-rights-lawsuit-after-highway-patrol-bans-rallies-at-state-capitol-over-coronavirus/ar-BB13lbI7. 

The plaintiffs alleged violations of their First Amendment rights, presumably on grounds that the state capital park area is a public forum in which few restrictions of speech are permissible.  There also seems to be lurking an equal protection issue based on allegations of differential treatment based on the content of protesters' messages.  

Here's a few questions that come to mind?  (1) What's a public forum?  (2) What's the test for speech restrictions on a public forum?  (3) What test would you use for equal protection analysis?

Here's one last suggestion... 

With final exams soon to begin, the news is a great way to (a) mix up practice with a variety of different subject matters; (b) help students issue spot and analyze legal issues; (c) develop and strengthen student confidence as problem-solving subject matter experts; (d) encourage students that what they are learning today is valuable for their tomorrows; (e) energize students in practical ways to incorporate retrieval practice and analysis in their final exam preparations; and, (f) help students see how lawyers, the judicial system, and litigants interact in the public sphere to shape social and political policies.  So, keep your eye out for the latest news.  It almost always has a few legal issues or more buried in it.  (Scott Johns).

So you failed the bar....

What's next? 

1. Take a minute, it’s ok to be upset.

First and foremost, this does not define you. Trust me, we have all heard stories of prominent lawyers, judges, and politicians that have failed the bar, sometimes multiple times. I could make you a list of all of the successful lawyers that were unsuccessful on the bar exam their first time.  But I won’t, because failing the bar does not define them. If you try to make a list, you won’t find “failed the bar” on Wikipedia pages, or official biographies, or resumes. It’s not because it’s some secret shame, but because no one cares. In 5-10 years, no one will care how many times it took you to pass the bar. In fact, they won’t care in 6 months or a year. It seems like a defining moment right now, but it isn’t. Your defining moments come from the way you treat clients, the way you treat colleagues, and what you choose to do with your license once you have it.

So, take a few days to be upset, it’s ok. But then dust yourself off, and start looking towards the next bar. Also, remember that failure is not the opposite of success, it’s a part of success. Every successful lawyer has failed – on the bar, at trial, in a negotiation, not getting a job. Every failed politician has lost a race. Every failed Olympian has lost a game or a match. That failure is a normal way to achieves success in the future. However, for that to be true, you have to learn from failure.

2. Meet with Someone.

Reach out to your school's academic support or bar professionals.  We want to meet with you, and we won’t judge. We will provide a sympathetic shoulder, and we will talk out a plan. Trust me when I say that we WANT to hear from you.

3. Request your essays back, if you can.

Many states allow you to request, or view, your essays.  

Once you have your essays, I want you to do a couple things. Review your answers: now that you are removed from the day of writing, what do you notice? Then, if possible, compare them to the sample answers. See if you can pick out patterns. Don’t just focus on the conclusions, or the issues spotted. Did the sample answers use more facts? Or have a more in depth analysis? Be honest with yourself. Also, if you have a varied set of scores (one essay is a 1, while another is a 5) compare the 2. What is the difference? Don’t just shrug it off as you know one subject better. Pay attention to the writing in both.

In addition, here is a CALI lesson (you should still have access) on assessing your own work. It may seem geared towards law students, but it can help you assess your essays: https://www.cali.org/lesson/18101

4. Analyze your score

How close or far away are you from passing? Did you do better on a certain subject? Is your written score considerably better than your MBE score? This is an excellent place to start. Some things to keep in mind:

• If your essay score is higher than your MBE, it may be tempting to place most of your energy into MBE practice, and forget about essays. This will only result in your score “swapping.” So, while it is good to note that you might need more work on the MBE, don’t forget that you aren’t carrying the score wit you so you still need to practice essays. The reverse is true if you did better on MBE than the essays.
• Perhaps you did really well on the torts MBE, but your lowest score was civil procedure. Again, do not just focus on civil procedure, and forget other subjects. Your scores will just swap places, and not improve overall.
• You might be only 2 points away from passing. Great! However, your score is still starting from scratch. Meaning, in one sense, you only need 2 more points, but that’s not how the bar works, obviously. You have to still work to get the points you already got AGAIN, and it is likely you forgot things, and are out of practice.

5. Think about external things while you were studying

Did something unrelated to the bar impact your studying? Perhaps a health issue, physical or mental? Perhaps a family emergency, or ongoing family issues?

Have you suffered from anxiety in general or related to exams? If you do, are you being treated for the anxiety?

These things can and will impact your studying. Not matter how much time and effort you put in, if you are not physically and mentally healthy, you won’t process the information correctly.

Not to mention, if there is something in your life that is distracting you, that will also impact how you process information.

6. Accommodations

If you were entitled to accommodations in law school, did you use them on the bar exam? If not, make sure you apply for them this time around. If you were denied accommodations, still try again. They likely need more recent testing, or paperwork.

7. Think about study habits

The most important thing you can do is practice. Many bar students get caught up in trying to memorize every sing law, or master every subject. While this is admirable, and takes quite a bit of time and effort. However, mastering the bar is a SKILL. You need to practice. When I work with repeat takers, I often find that they knew the law, and they studied hard, but didn’t practice enough essays or enough timed MBE.

This matters for a few reasons. One is timing. You can know all the law in the world, but if you can’t write an essay in 30 minutes, you will struggle to get the scores you need. Similarly, doing 100 MBE questions in 3 hours is not easy, even if you DO know the law. You need to practice the timing, and practice for the stamina.

Secondly, the skill being tested on the bar is applying the law to the unique set of facts. Yes, you need to know the law to do this, but knowing the law is not enough. You need to practice the application.

This means that writing essays, fully out, not just passively reading sample answers or issue spotting, is key. It has to be a priority in studying.

In fact, all of your studying should be active. Don’t focus on rewriting, or reviewing, outline after outline. Again, yes, you need to know the law, but you are also more likely to remember the law if you apply it – in MBE questions, writing essays, and so forth.

8. Change it up!

Different study habits work for different people. If you studied at home and found that you were easily distracted, find a space at the library or nearby coffee shop to study. If you did go the library/school/coffee shop every day, maybe try studying at home.

Finally, I am here for you. I am a resource, and look forward to helping you!

Available Resources:

• CALI Lessons on improving multiple choice:

https://www.cali.org/lesson/18100

https://www.cali.org/lesson/18024

• CALI Lessons on improving memory: https://www.cali.org/lesson/18157
• CALI Lesson on issue spotting: https://www.cali.org/lesson/18169
• CALI Lesson on improving analysis: https://www.cali.org/lesson/18171
• Adaptibar: https://www.adaptibar.com/ (See Prof. Hale for possible discounts, or no cost options)
• Strategies and Tactics for the MBE: https://www.amazon.com/Strategies-Tactics-MBE-Bar-Review/dp/1543805728/ref=sr_1_1?gclid=CjwKCAiA-vLyBRBWEiwAzOkGVArOgksVIJF-Ay7c5WMFApM2Dic8N2-DFZSxm95A23E0b-sHif7OthoCQmQQAvD_BwE&hvadid=241627170717&hvdev=c&hvlocphy=9021760&hvnetw=g&hvqmt=e&hvrand=7692014818673609309&hvtargid=aud-840076997981%3Akwd-555060935&hydadcr=22595_10356262&keywords=strategies+and+tactics+for+the+mbe&qid=1583177627&sr=8-1

 

Once again, remember that this doesn't define you. This is one step in the process, and that's it. 

Good Luck!

(Melissa Hale)

Next Year's Graduates

Has there ever been a U.S. law school class subject to more stress and uncertainty than the class of 2020?  Okay, not every student across the country has suffered equally, but here in New York our students were told all of their classes would abruptly be online, that they would not get to see their classmates for the rest of the year, that their bar examination would be postponed indefinitely, that a bizarrely deadly disease racing across the state, that their bar examination would be rescheduled for September but that there was no guarantee there would be space for them to take it, that the economy was collapsing and some of the jobs they were counting on could disappear, and that they would probably get to take the exam in September if there were an exam in September but nobody can really tell them how it's going to work yet anyway.  All of this in less than six weeks.  Plus now they have to do all of their classes and meetings via Zoom, which fosters so much lack of eye contact and awkward silence it reminds me of a sixth-grade dance.  No wonder our soon-to-be graduates are so weary.

Like a lot of us, I am weary, too, trying to be there for my 3L students, putting new resources in place, thinking ahead about how to contend with the changes to the bar exam.  But when things slow down (later and later in the evening) and I have a moment to stop thinking about my bar prep class and the latest news from the Board of Law Examiners, that's when I think about next year, when maybe things will be "back to normal".  And that's when I get really anxious.

Our current 3L students are stressed, but also super motivated.  They were 92% of the way through law school when things went whack, and they are not about to let that last 8% stand in their way.  Everyone with an interest in this summer's bar exam -- law schools, the state, employers -- wants to see these students get through the disruption and get into the workplace, and if that means relaxing some rules or changing some procedures well then so be it.  Sure, it's going to be an unusual summer, but there's a potential for six additional weeks of prep time for the bar exam.  It's possible that some students will be better prepared for the test.  It's my job not to assume that, but it could happen.

The students I actually worry about -- when I can, because our imminent graduates require so much immediate attention -- are the current 2Ls.  Many of them have seen their summer job or internship plans interrupted, and I know our careers services office is hearing from them about those issues.  But I am barely hearing from them at all about academic concerns, and my attempts at general outreach have generated very little response.  I do not doubt that most 2L students have simply made a successful transition to online classes -- a transition made easier in many schools by a move to mandatory pass/fail grading and by a general and humane understanding that this change has been fast and novel for all of us and that, considering the background stresses of illness, isolation, and finances, it is appropriate to give students a little slack.

But I also fear that there is a portion of the class of 2021 that is not handling the transition as well.  There could be some -- hopefully a small number -- directly affected by this crisis, dealing with their own illness or that of a loved one, or with financial difficulties, any of which could in turn affect their performance in school.  Others might just not be doing as well academically as they would be in a live classroom, with the opportunity to study with classmates every week.  Those students just might not be getting everything they otherwise might have from their classes, even though they feel like they are making the same effort.  And then there are sometimes a few students whose inclination is to do less work, when possible, and this is in many ways a situation in which that is possible.  

All of these subsets of 2L students might learn, understand, and be able to correctly apply less of what they are learning in their spring classes now than they would have if the world had not shifted so radically.  And we might not know it now, because it is so hard to make contact with them under these new conditions.  What's worse, without thinking ahead about this, we may not even find out who these students are and where they have developed gaps (Evidence? Criminal Procedure? Wills and Trusts?) until the start of next year's spring semester, if they just get "Passes" in all their classes this semester.   And by that time, I am sure we are all hoping, things will be "back to normal" -- classes back in the building, bar exam scheduled for ten weeks after graduation, employers expecting practice-ready students on August 1.  They won't be the beneficiaries of relaxed procedures or of extra study time, or of any other kind of leeway.

So this is what I think about when I can. How can I reach people who seem perfectly comfortable not being reached at this moment?  How can I, sooner rather than later, identify and help these students who might otherwise not manifest the effects of the spring of discontent until the glorious summer of 2021?

I think the fall of 2020 is going to be incredibly consequential to those students, and I think we need to be prepared for it.

[Bill MacDonald]

Will the Bar Exam Go the Way of the 8-Track Tape?

For the times they are a-changin’. -Bob Dylan

The times certainly have changed. Almost overnight, every facet of daily life has transitioned to online delivery. Telehealth and telemedicine are becoming the primary source for doctor-patient interaction during the pandemic. Law school classes are online. College classes are online. K-12 primary education is online. Church and religious services have moved to online formats. My grocery and organic farm-to-table products —gone online. Court hearings, also online. I can buy a car, entirely online. I can have legal documents notarized online.

But I cannot take the bar exam online. At least not yet.

The COVID pandemic has tested our resolve and our ability to utilize available technology. Almost every aspect of the legal profession, from court proceedings and probate administration, to law enforcement and legal education, has mobilized for remote administration. Bar examiners at the state and national levels should hang their heads in shame for not harnessing the available technology to deliver the existing exam remotely. It is an embarrassment of epic proportions that those at the helm of legal licensure are so behind the times that the pipeline for entry to the legal profession could be closed until further notice.

Relentlessly tethered to tradition, those insistent that 2020 law grads take an exam that may not be offered until early 2021 have either dropped the ball or are hiding it. It is fundamentally unfair to require an exam for licensure and at the same time withhold that exam from licensure candidates. The cries for diploma privilege and supervised practice options have sounded around the world. To which bar examiners and high courts have responded with either feigned indifference or a proposed solution that is no more than a band-aid for a gaping wound.

To become attorneys, bar candidates should not have to risk their health or the health of their vulnerable loved ones to the spread of the coronavirus. Even today, there are still more unanswered questions than answers. The majority of U.S. jurisdictions have made no announcement as to whether they will offer an exam in July or not. A number of states have canceled the July exam, but still have not announced definitive information about the date or form of the replacement exam. Candidates across the country remain in the dark as the bar exam becomes an archaic qualifier for competence. If the bar examiners hold fast to the pencil and scantron method of testing, we can expect to see it go the way of the pay phone, the answering machine, and the 8-track tape.

Two states, California and Massachusetts, have alluded to an online exam, but with little detail. It remains unknown what role the National Conference of Bar Examiners (NCBE), who produces the multistate exams used in all states except Louisiana, will play in the online exam. If the NCBE can provide an online exam for two states, why not do so for all UBE jurisdictions? And why make candidates in other states suffer the risk of exposure to COVID or career delays by withholding the online exam?  

If the NCBE has not developed an online exam, we must ask “why not” and "where has it been for the last two decades?" And we must not accept “test security concerns” as a viable response. Test security is no less of a concern to law school faculty, and to those who administer admissions exams. Yet all law school exams and the LSAT will be offered online in May 2020. The MPRE (another NCBE exam) and other professional licensing exams are already online.

Whether the bar exam effectively assesses one’s competency to practice law is a reoccurring question that will continue to resurface.  At a time when virtually every state, except maybe Utah and Wisconsin, is under fire for indecisiveness and poor communication regarding the fate of would-be July 2020 bar takers, bar examiners are justifiably under scrutiny. As is the bar exam. The future of the exam is in the examiners’ hands. We’ve only to watch and see if they’ll respond like Blockbuster or Netflix.

(Marsha Griggs^{© 2020})

Is the Bar Exam Necessary?

Nearly every lawyer has a bar exam story.  For some, it was sleepless nights studying.  Others experienced trauma during the preparation period.  I walked under the wrong bird on my way into the exam.  Ask any lawyer, and they will tell a story.  Is the collective experience enough for continued administering the current bar?  The current crisis necessitates asking whether the current bar exam is an appropriate assessment tool.  Brian Tannebaum published this week that the answer is no.  He said the bar should be cancelled forever. (hat tip to James McGrath)

The bar exam debate reached the boiling point this year due to COVID-19.  The 2015 addition of Civil Procedure to the MBE and subsequent crash in national MBE scores raised red flags about the test.  In front of over 100 experts in learning and student achievement, a NCBE representative (current president) ignored and ungracefully punted when questioned about cognitive load theory.  The continued decline in scores caused numerous questions about the MBE.  Now, the COVID-19 crisis could prevent safely administering the bar exam, and state bars must answer the question whether bar exams are necessary for licensure.

The NCBE obviously says the bar exam is critical to licensure.  In a white paper some would describe as insensitive during the current crisis, the NCBE promoted the virtues of the bar exam.  The exam protects the public by ensuring a level of competence by everyone licensed.  You can read their white paper here. 

I am skeptical of the white paper arguments though.  Aside from the obvious financial bias, the white paper conflates bar exams protecting the public with their version of the bar exam protecting the public.  They espouse the MBE's greatness through reliability and validity.  Their argument is an objective MBE is fair, and thus the best assessment.  The argument is persuasive if fairness also related to the practice of law, but unfortunately, I believe the MBE only tangentially relates to competence to practice law. 

For a paper I want to publish, I contacted over a thousand former students and attorneys in OKC to take a simulated MBE provided by a bar review company.  Approximately 20 agreed to take the exam.  The practice experience ranged from 1 year to over 15 years.  Unsurprisingly, 0 (zero) people passed the simulated MBE according to the Oklahoma MBE cut score at the time (135).  A litigator passed the Evidence section, but no one else passed the subject they practiced the most.  ADAs and PDs failed the Crim Law section.  Transaction attorneys failed Contracts.  As attorneys' experience increased, MBE scores decreased.  I had Superlawyers, local award winners, and Superlawyer Rising Stars take the test.  The results were the same for everyone.

The argument the bar exam protects the public assumes the exams tests what a lawyer does for the public.  Unfortunately, the MBE fails to test minimum competency to practice law, which is the threshold for licensure in virtually every state.  It tests competency to answer MBE questions which allude to legal concepts within the questions.  I know the criticisms of my research.  It isn't statistically significant and the test isn't a real MBE.  Finding lawyers to voluntarily take a bar exam isn't an easy task.  However, I fully believe the result would occur on a larger scale.  I encourage bar examiners, Supreme Courts, and anyone advocating for the MBE (including lawyers at the NCBE) to take a simulated MBE.  I encourage the NCBE to make a real version of the MBE available for the test and independent score verification.  If a large majority of participants pass, then the MBE tests minimum competence to practice law.  However, if they don't, then maybe the wisdom from learning experts about cognitive load, spaced repetition/the forgetting curve, and other learning science can be used to create a test that truly assesses the minimum competence to practice law.     

COVID-19 is accelerating an ongoing feud over the bar exam, especially the MBE.  This debate will continue, so I encourage everyone to evaluate the information related to the bar.  We can use this time to either modify or solidify the current licensure process.  Previous generations' experience should not be our guiding principle for an exam.  Even if I am wrong, now is the time for boards, Supreme Courts, and the NCBE to evaluate the way we license attorneys.  Confidence in what we are doing actually protects the public should be paramount.

(Steven Foster)

Virtual Conference on Lessons Learned from COVID-19

Toni Miceli invites you to a virtual conference/discussion about Lessons Learned from Pre-COVID Online Teaching. The conference/discussion will take place on Friday, May 1 at 2:00 PM EST.

You can register for the discussion here: https://nova.zoom.us/meeting/register/tJEodu-rrjopEtE5Hc2rC41ZD5kFzJgkFEIU   

After registering, you will receive a confirmation email containing information about joining the meeting.

Toni will be moderating a panel discussion of our colleagues who were presenting online ASP programming prior to the recent shift to remote learning.  Panelists will share their experiences and lessons learned that they have used in making the more recent transition.  

Panelists will include:

- Dr. Susan D. Landrum, Assistant Dean for the Academic Success and Professionalism Program at Nova Southeastern University Shepard Broad College of Law

- Melissa Hale, Director of Academic Success and Bar Programs at Loyola University Chicago School of Law

- Quentin Huff, Associate Director of Bar Success at Wake Forest Law

- Anne Johnson, Adjunct Professor of Law at Mercer University School of Law

(Steven Foster)

Educational Resilience

I’ve thought a lot about educational resilience in recent years, and the health, economic, and social crisis we find ourselves in today has made the topic seem all the more important and relevant.  

Educational resilience is distinct from concepts like grit or educational buoyancy that describe how students respond to the everyday challenges of academic life: getting started, staying focused, and putting in the effort necessary to complete difficult tasks. Resilience refers to how our students (or any of us) respond to extraordinary adversity. The type of adversity that disrupts our normal patterns and throws us out of equilibrium. Resilience theory looks at how people adjust after adversity: whether the experience permanently impacts their functionality and diminishes their potential; whether they return to something like the previous status quo; or whether they integrate the experience of overcoming adversity into a narrative of empowerment, leaving them more resilient and successful going forward.

As we communicate with students over the next weeks and months, we are, wittingly or not, co authoring their narratives of adversities and resilience and how it relates to their educational story. Research and experience have led me to believe that educationally resilient students share certain characteristics. None of these characteristics will be particularly surprising or ground-breaking to anyone in this community, but I think they still bear repeating.

Resilient students are realistic about challenges, but they emphasize the positive over the negative. They are unwilling to perceive themselves as victims and instead characterize themselves as powerful agents with influence over their world. They accept responsibility and learn from their mistakes, but they also focus on the future and on specific, tangible goals. And they respond to the challenges they face with transformative energy or, if you will, love. (My apologies if my hippie side is showing.)

I find myself reflecting on these characteristics of resilient narratives not only as it relates to how I’m communicating with my students, but also with respect to the story I’m telling myself about the world today and my place in it. I know others have said it before me, but in this time of crisis, I’ve never been more aware of the role I play as a supporter and advocate for my students, providing a measure of predictability and consistency in unsettling times.   

One thing on which all literature on resilience agrees is the enormous impact that having one consistent, engaged supporter can have on success. This is especially true when the supporter is advocating for and promoting the student’s success in a particular field of endeavor or in terms of meeting a particular goal. In many cases the supporter may not even realize the profound impact they have had or the fact that they have become a pivotal character in a student’s story of educational resilience.  

I have had my moments, these last few months, when I can’t tell if what I’m doing is making any difference; when it seems like nothing I do could possibly be equal to what my students are going through, anyway. Perhaps you have felt the same.

I encourage you all to be positive, empowered, future-focused, and loving, both with your students and yourselves. Because, what we are doing matters, enormously, whether or not we can always see the impact we are having.  

(Liam Skilling - Guest Blogger)

The Cost of Certitude - Might be Preventing the Future

There's a line in the book Moon Dust, regarding people who fervently believe that the Apollo moon landings did not take place, that reads: "The only thing I feel sure of [with respect to a moon landing skeptic] is that he wants to believe this story...." A. Smith, Moon Dust, Harper Perennial (2005).  In other words, no matter the evidence, the unbeliever will not believe. Sometimes I feel like that with the bar exam uncertainties and postponements.  

As Professor Marsha Griggs points out, law schools (and most of the rest of education) flipped on a dime to online learning.  Let me tell you about online learning.  I was a skeptic.  And, I was afraid, mighty afraid, because I didn't think I could do it.  But guess what?  I just finished my last class of the semester, online, with smiles and in celebration with my online students.  It's too early to tell, but it seems to have worked. I think I'm now a believer.

That brings me to my first point... 

Prior to online teaching, I just didn't believe that it could be done, at least not well.  I was like the moon landing skeptics. I had heard that some had succeeded in online environments but I didn't really believe the stories.  Not at all.  But I'm no longer a skeptic because I've experienced online learning for myself.  It's not quite a moon landing, but somehow I navigated through the ether of the internet space to make contact with my students, for them to connect with me, for all of us to connect with each other.  Here's what I've learned.  I was stuck in the past due to confirmation bias.  To put it plainly, I lived in the rut of traditional classroom teaching because that was all I knew.  And, because that was all I knew, I couldn't see that there might be other ways to deliver high quality legal education.  That is until I had to teach online.

So that brings me to my final point - the bar exam... 

If law schools can successfully switch to online learning in just a few weeks or two, it sure seems like bar examiners can switch to online bar exams with a few months of lead time.  Yes, that would mean open book bar exams.  Yes, that might mean reducing the bar exam to a one-day multiple-choice MBE exam.  Yes, that might mean some lack of security.  But, is there any real reason to hold onto the past model in light of the future pressing down upon us with some much uncertainty?  I think not.

It's time for the bar exam to move past tradition and into a future that might be much better for all of us - for bar examiners, bar exam takers, and the public too.  I know. Sometimes it's hard to give up what we know.  However, if we only ever keep our hands gripped tightly around the present, we'll miss the wonderful chances that are all around us to improve the future of our world.  The choice is ours, all of ours.  (Scott Johns).

Law School Transparency: Vision 2025 Report

Law School Transparency has put out a new report on its Vision for 2025. LST is a nonprofit dedicated to making the legal profession more transparent, affordable, and fair. The report identifies LST’s priorities, recommendations, and efforts to create more accessible, affordable, and innovative law schools—all with an eye to creating a more diverse law student body and, by extension, a more diverse practicing bar. (The report was funded by the Iowa State Bar Association—kudos to that organization and its leaders for its financial support of LST and its advocacy!)

I’m on LST’s board of directors, so I knew this report was coming, but I’m blown away by its depth and thoroughness. There’s a useful executive summary on pages 5-11. Some highlights:

    1.  Taking on US News: David and Goliath

The first half of the report addresses the wrongheadedness of our national reliance on Goliath: the US News rankings. As LST’s Executive Director, Kyle McEntee, said to me recently, “Ordinal rankings—one, two, three—convey authority because of their simplicity. They convey that one is better than two, and two is better than twenty.” But of course law schools have many dimensions of strengths and weaknesses, and prospective law students have a diversity of priorities, so ordinal rankings don’t address prospective students’ actual interests.

In response, LST is in the process of developing its own, more nuanced, rating system for law schools. Called the LST Index, it will evaluate schools based on a better set of criteria than US News’s clunky proxies. The exact criteria are still in development—LST will draft a list of approximately 50 criteria for consideration, then refine those criteria through an extensive public engagement period. Each criterion will be measurable, document-able, and provable. (LST has already workshopped some proposed criteria with D&I experts, deans, law students, and practicing lawyers at University of South Carolina and Boston College.) Then, the entire system will be improved through an iterative review process—does the Index measure the things law schools and law students value? More information about the LST Index is available at pages 31-39 of the report.

Meanwhile, as LST is developing an alternative to the US News rankings, it’s also lobbying US News to modify its existing ranking algorithm. I think it’s really practical for LST to address the problem on both fronts—loading its slingshot with the LST Index while also working with Goliath to be smarter about things. LST’s specific suggestion here is that US News replace its current “expenditures” data point with an “efficiency” metric. That is, instead of taking into account how much a school spends per student, a figure that will always make private schools look better than public ones, LST is suggesting that US News give credit to schools who provide more bang for their buck. An efficiency metric would consist of the ratio of tuition revenue to high-quality jobs (e.g., long-term, full-time JD-required or JD-advantage jobs) after graduation. More information about the proposed efficiency metric is available on pages 40-50 of the report.

    2.  Adjustments to the Law School Accreditation Process

The second half of LST’s report addressed law schools’ accreditation. LST has specific critiques of which accreditation metrics the ABA should ease up on and which it should tighten. These are more interesting to law faculty than to prospective students, but they’ll still be important adjustments that can make a big cumulative difference. In particular, LST is lobbying the ABA to allow more flexibility in how law schools deliver learning outcomes, review what full-time faculty members do to provide high-quality legal education, liberalize distance education standards (oh, how timely!), examine the diversity of valuable ways in which libraries contribute to legal education, and refine the variance system. On the other hand, as a matter of consumer protection, LST argues that the ABA should ask tough questions about why different students—particularly students of color and women—in a law school class are paying different amounts of tuition, and frankly, why legal education is so freaking expensive in the first place. LST has always been a proponent of transparency (it’s right there in the organization’s name: Law School Transparency), and the report makes compelling arguments for law schools to make more disclosures about law student borrowing, tuition discounting, and diversity. More information about accreditation changes can be found in Part II of the report, pages 51-84.

Lastly, a plug for assistance.  If you want to help LST develop the LST Index or lobby for different accreditation standards, check out ways to help here.

(Cassie Christopher - Guest Blogger)

Blog Posts Helping with Final Exams

Halle Hara pulled together a team of collaborators to create an Exam Series for the Law School Playbook. Last Monday was the first of ten posts on exams that I created together with Amanda Bynum (Professor of Practice, Law | Director, Bar & Academic Success | The University of Arizona, James E. Rogers College of Law); Shane Dizon (Associate Professor of Academic Success | Director, Academic Success Program | Brooklyn Law School); Jacquelyn Rogers (Associate Professor of Law | Academic Success & Bar Preparation | Southwestern Law School); and Sarira A. Sadeghi, Esq. (The Sam & Ash Director of Academic Achievement | Dale E. Fowler School of Law at Chapman University). I really enjoyed working together virtually. It made this time of social distancing far less lonely and was a great testament to what you can accomplish when you work as a team!

The first post, on setting up your physical space, can be found here:

https://www.lawschoolplaybook.com/30day-challenge/the-exam-series-setting-up-your-physical-space-for-exams-week-4-day-1

The remaining nine topics will post daily in the Law School Playbook’s 30-Day Challenge.  Also check out the bonus post on gathering exam supplies—something our students might overlook until the last moment.

 

Tenure Track Director of Academic Success at Stetson University College of Law

Position: Tenure-Track Professor of Law (Academic Success)

Stetson University College of Law seeks an academic success scholar to join our full-time faculty in the summer of 2020. Applicants should have a strong academic record and a demonstrated commitment to outstanding teaching, scholarship, and service. Stetson’s beautiful campuses are located in Florida’s Tampa Bay region, the nation’s eighteenth largest metropolitan area. Stetson is Florida’s oldest law school and is internationally known for its programs in Advocacy, Legal Writing, Elder Law, Environmental Law, and Higher Education Law. We encourage interested applicants to visit our website at http://www.law.stetson.edu to learn more about Stetson, our community, and our programs. Interviews will occur by video/telephone conference.

The professor will be expected to teach courses in the existing curriculum that help students to understand learning techniques and that train students on exam-taking skills and strategies, including strategies for succeeding on the bar exam.  The successful candidate will have the opportunity to provide input on curricular initiatives, particularly in the application of student learning science and successful learning methods to the law school curriculum.

Administrative Responsibilities:

The professor will be responsible for implementing the College of Law’s Academic Success Program, including working closely with faculty and administration to implement a comprehensive plan to maximize student learning and achievement in law school and as professionals.  The professor will interact with students individually to prepare them for success and improve exam performance, as well as supervise a team of academic success counselors.  The professor will also organize workshops designed to help students understand the science of learning and develop techniques that lead to improved success on law school exams.  The professor is expected to help identify those students likely to benefit from academic success programming and encourage their participation.  The professor will be involved in new student orientation, including introducing students to the services offered by the academic success program and providing a basic introduction to legal reasoning.

The professor is expected to work with faculty to maximize teaching effectiveness and attain specified student learning outcomes.

 

Minimum Qualifications:

• J.D. from an ABA-accredited law school.
• A current bar license in at least one state.
• Demonstrated ability or potential to pursue a scholarly agenda in the field of student learning and engage in professional service to meet University tenure and promotion requirements.
• Demonstrate strong written and oral communication, marketing, interpersonal, organizational, analytical, assessment, and administrative skills.
• Demonstrate a high degree of professionalism and discretion.
• Demonstrate a willingness to design and implement innovative programs and services.
• Success working closely and collaboratively with a diverse student body, faculty, staff, and alumni.

Please submit a cover letter, curriculum vitae, and contact information for your professional references to Marco Jimenez and Royal Gardner, Co-Chairs, Faculty Appointments Screening Committee. You may email your application to [email protected]. You may apply through standard mail to Shannon Edgar, Stetson University College of Law, 1401 61st Street South, Gulfport, Florida 33707.

Unanswered Questions

Hat tip to Sara Berman who shared an op ed that made it to my inbox this morning. The article: When Will Life Be Normal Again? We Just Don’t Know, by Charlie Warzel, an opinion editor for the New York Times. Warzel’s article consists of 46, mostly single-sentence, paragraphs of pandemic related questions that we simply do not have answers to. Those unanswered questions are flanked by only and exactly eight sentences of text, that bring home the point that as we enter a month or more of shelter in place lockdown, “we have more questions than answers.”

Today, like so many days before, I ended the day with more questions than I started with. And not one of my questions has found a definitive answer. I’ve read and written articles, blogs, exposés, papers, and proposals, but I’ve found no catchall answers for those tasked to assist the incoming class of attorneys with bar readiness. As I ponder my own questions, my thoughts shift seamlessly to the meritorious and unanswered questions of law students and future bar takers:

If there is a bar exam, will masks be included on the list of permitted items? If not, will the examiners provide masks at the test sites?

How will bar examiners ensure the safety of examinees during the exam administration? Will there be on-site coronavirus testing?

What recourse do we have if we contract the virus during an exam administration?

Should we have to risk our health and the safety of our loved ones to take the bar exam? 

If it's not safe to go to school, attend church services, or have dinner in a restaurant, how is it safe to sit in a room with others for six hours to take an exam?

What supervised practice options are available to students who plan to enter solo practice or practice in rural areas without other attorneys?

What arrangements will there be for students who receive test accommodations? 

When did administration of the bar exam become tied to the number of people taking it? 

If there is a bar exam given in July in State A, will students in State A also have the option to take the exam in September instead of July? 

If a student who has registered to take the July exam does not feel safe taking the exam in July or September, can that student receive a refund of their examination fee?

Are you listening to the students in your state or are you listening to some outside entity tell you what is best for us? 

Could you study [effectively] for a two-day bar exam under these conditions? Has anyone ever had to prepare for and take a bar exam under these conditions? 

Do you wonder why the number of people interested in going to law school has dropped?

If an emergency is not a time to make a change, when is?

Why are folks in a diploma privilege state so opposed to diploma privilege?

What is it about diploma privilege that scares you? 

Isn't diploma privilege a bigger threat to those who sell and profit from the exam than it is to the public? 

What good is ABA approval if examiners and the ABA don’t trust our law schools to educate us and prepare us for practice? 

What does the bar exam test that three years of law school did not teach us? 

Why do you have more confidence in an exam than in us?

I claim no originality for this week’s blog. I credit a writer whom I’ve never met for the concept, and I credit the questions to the voices of law students that I have and will continue to listen to.

(Marsha Griggs)

Preparing for a Different Exam

Everyone is dealing with a new normal during the crisis.  The world faces significant challenges, and I do not want to ignore the very real struggles others are going through.  My family and I are blessed to be healthy during the crisis.  For us, the new normal includes no live sports.  That is small compared to other's struggles, but I spend significant quality time with my boys playing on baseball fields and watching spring football.  Since we have seen many of the replayed sports airing right now, we are watching some re-runs of American Ninja Warrior for the first time.  I feel like the show is a good analogy for law students' upcoming final exams.

Traditional sports have clear rules, objectives, and expectations.  Football games will include kickoffs, runs, passes, and field goals.  Basketball games will have a player attempting to put a round ball in a slightly larger round hoop.  Anyone can train to throw to a running receiver or take jump shots.  The expectations of the games are relatively predictable.  American Ninja Warrior is different.  Contestants know their strength, flexibility, coordination, and endurance will be tested.  They can watch previous seasons to understand the possible obstacles.  However, every new seasons brings a new course with new challenges.  Contestants can train generally, but they can't train for the very specific challenge that will be in front of them.  This year, that happened to law students.

Virtually all law school final exams this year will be open book.  Most states implemented stay-at-home orders requiring schools to shut down for the semester.  Shut down schools mean students will take finals at home with access to every material in the house.  Examsoft may shut off the internet, but it doesn't close casebooks or printed outlines.  Every student will have access to the rules for the final.  Open book finals occur sporadically in law school, so many students have not experienced this type of exam.  The general training in each course and legal analysis will help with the final, but this is a new test for most students.  Students were only recently aware that is the new normal for finals.  

Open book finals are the equivalent of a trap game (the easy opponent all the players overlook on the schedule).  Students have their book and outline at their disposal, so students believe the exam should be easy.  Some students won't prepare as well, and will end up performing below expectations.  Don't fall victim to this mentality.  One reality is that if students have access to all the rules, the professors will not allocate as many points to knowing the law.  Even more points than normal will be allocated to application.  Knowing open book finals are different will help create a plan for those exams.

I suggest a few strategies for open book finals:

1. Prepare as if the final is closed book.  The best piece of advice is to be prepared for a closed book final.  I encourage everyone to make an outline, review the outline, test knowledge of the outline, practice essays, etc. just like a regular final exam.
2. Print an outline (if possible) and tab it.  Rummaging through a casebook won't help.  The casebooks doesn't have concise rule statements.  An outline is critical, and then, create tabs to quickly find the rules.
3. Practice writing essays.  I know I give this advice for all finals, but practice with feedback is always critical.  
4. Still write down the rules.  This may seem contrary to the statement in the last paragraph, but still write in the IRAC format (or whatever format your professor prefers).  The professor may not allocate many points to rules, but there are probably some points.  Not only that, but the IRAC format is a way to ensure you do good application in the analysis section.  I emphasize to my students that IRAC isn't a magic pill that rains points.  IRAC is a method to systematically go through a problem discussing rules with specific facts applied to the rule.  If the rule isn't there, students sometimes forget to apply facts to that element/step/etc.
5. Follow the timing of the exam.  I give this general piece of advice for open book finals, and it may not apply right now.  However, I always tell students to take note of the time for each question and follow it.  This is advice I give for closed book exams as well, but some students become too focused on getting everything perfect on open book finals.  They end up spending too much time in an outline and don't finish the test.

Many students have not practiced for open book exams and others become overconfident.  You can overcome this new obstacle with the right training and application on test day.  You are ready for this.  Now, practice and execute.

(Steven Foster)

Promoting ASP

As we saw on the listserv last week, many within ASP fight for status and to be heard.  We desire to help students, but we also want to be acknowledged for the work we do within law schools.  I am proud of the way our community coalesced over the last couple years to promote our profession.  Marsha Griggs intentionally tries to cite to other ASP authors.  We promote colleagues scholarship on the blog and listserv to increase  downloads.  The community is fighting together to promote all of us.  As I watched the stream of emails about faculty not wanting ASPers to help students in their section, I was proud to see Sara Berman's blog post.  She gave credit to and promoted the hard work this community has done in response to COVID-19 and the rush of bar exam postponements.  She also argued for new solutions for licensure.  You can read here post here.

The ASP community is amazing.  I am lucky to be a part of it.

(Steven Foster)

Co-Director of ABES at San Francisco School of Law

The University of San Francisco School of Law seeks candidates for the position of Co-Director of ABES (Academic Foundations) and Assistant Professor to commence summer 2020. 

The Academic and Bar Exam Success (ABES) Program at USF Law School offers comprehensive support services to help all students succeed in law school, in legal practice, and on the bar exam. The program has two Directors, one that focuses on academic foundations, especially in the first and second years of law school and with an emphasis on building foundational academic and legal skills, and the other that focuses on bar success. The two Directors work closely together to develop and implement the overall ABES program. 

Reporting to the Associate Dean for Academic Affairs, the Co-Director of ABES (Academic Foundations) will be responsible for designing and implementing a 1L and 2L curriculum for students to develop strong academic and legal skills (including teaching workshops and a course), meeting individually with students who are in academic difficulty and working with them toward academic success, and working together with the other Co-Director of ABES (Bar Success) to link legal and academic skills to bar exam success.

Applicants should demonstrate a record of strong writing and reading comprehension skills, a record or aptitude for programmatic planning and assessment, and a record or aptitude for working closely with a diverse range of students to advance their skills and success.

Applications from minority group members and individuals whose background or interests will enhance the school's diversity are highly encouraged.

This is a full-time, non-tenure track position. 

A cover letter, CV, references, and teaching evaluations, if available, should be submitted via this link: https://usfca.wd5.myworkdayjobs.com/en-US/USF_Full-Time_Faculty/job/USF-Hilltop-Campus/University-of-San-Francisco-School-of-Law-Full-time-Non-tenure-Track-Assistant-Professor---Co-Director--Academic-and-Bar-Exam-Success-Program--Academic-Foundations-_R0003068-1.

Hat tip to Legal Writing Blog for the posting.

A Lesson In Social Distancing

I've been trying to be good, really good at social distancing...especially with take-out drinks, particularly because I love ice tea in the morning.  

I keep my distance from everyone, I wash my hands twice, once on entry and once on leaving, and I use my coat sleeves to open and close doors, etc.  

A few weeks back, I thought I had "social distancing" down pat.  I was a practiced expert, or so it seemed.  Indeed, my run for take-out ice tea that morning was perfect.  In fact, as is often the case, I don't notice any customers in the cafe that morning, and, after washing my hands twice, I rushed out of the restaurant to my car, ice tea in hand.  That's when things got a little strange.  

You see, I was in such a rush that I jumped into the driver's seat of the first white car I saw.  Unfortunately, it wasn't my car.  It was the car parked next to me.  And, there was a passenger in the front side seat too. Wow was that strange! And embarrassing.  

More than three weeks have now passed, and I can start to laugh about it because I haven't been sick (so I didn't get that person sick either).  But I learned an important lesson.  Pay attention to details.  And, here's a lesson for you too.  Lock your doors because you never know who might be parked next to you...it could be me!  

Note: I'm not a fan of the phrase social distancing. I prefer physical distancing because I think - as a fellow human being - I owe everyone I see a friendly smile or at least an acknowledgment.  Life is too short to not share it with others.  

As such, distance doesn't have to be distant, not at all.  So, as you keep your spacing away from others, let your hearts fill the gap.  That's a great way to brighten the days of all you pass.  

(Scott Johns)

 

 

Now Comes the Hard Part

The last few weeks have been extraordinary in dizzying ways.  A massive and abrupt shift to online teaching; a disruptive delay in administration of the bar examination; increased academic, professional, and/or personal responsibilities; fears for one's health or the health of loved ones; actual physical illness; loss of income; loss of planned employment or experiential opportunities; long-term economic uncertainty; social isolation and loneliness -- any one of these would be distractingly stressful to a student or teacher under ordinary circumstances, and many of us and our students are facing most of them simultaneously. 

The saving grace has been the correspondingly extraordinary response -- demonstrations of grit, resourcefulness, generosity, and positivity -- that the situation has generated.  Administrators and technicians working 16-hour days to keep classes and resources flowing.  Educators implementing and sharing creative solutions to the problems of distance learning, and making special efforts to keep students engaged.  Students accepting their changed circumstances with remarkable flexibility, increased effort, and gracious understanding.  And, as a backdrop, millions of people, throughout the country and the world, working, sharing, and cooperating towards common goals.

But these last few weeks are really the first few weeks.  To many they seem much longer already, but everyone -- law schools included -- faces an even more extended period of disruption and deprivation.  That burst of energy and goodwill with which our students faced the initial transformation will have its limits.  Even our own stockpiles of buoyancy and resilience are going to be threatened.

That is normal.  It is really a form of culture shock, and as anyone who has experienced culture shock can tell you, there will be a cycle of highs and lows until we fully acclimate to our new world.  We can all deal with these, one way or another, but the best way is with open eyes and thoughtful consideration.  Expect at some point to feel exhaustion and discouragement in ourselves, and to recognize them in our students and colleagues. 

Plan for it if you can -- be thinking ahead about when (soon!) you can take some time for yourself, and about how you can encourage your students to do the same.  Classes will be over in a few weeks, exams a few weeks after that; a little downtime right about now, and then after exams are over, can help to stretch everyone's reserves. 

Reaching out to others for support -- sharing or trading tasks, enjoying a little social time (like a virtual happy hour), or even just mutual commiseration about how tough it has been -- should be a little more manageable at this point, now that we have all familiarized ourselves with our new schedules, our formerly unfamiliar conferencing tools, and the proper guidelines for face-to-face-but-still-six-feet-away interactions. 

And, most importantly, don't let the next plunge in spirits catch anyone by surprise.  Let your students know -- gently, not with a sense of foreboding -- that it would be natural to start feeling low at some point, and that the feeling will not be permanent, and that you can be there for them while it lasts.  Help them to focus on the tasks that will help them not only get through the next several months, but also accomplish things they will be proud to talk about years later.  And remember that you will not be immune, and that taking care of yourself is another way to help you take care of your students.

[Bill MacDonald]

The (Emergency) Return of Diploma Privilege

For decades Wisconsin has stood alone in its court-adopted diploma privilege for graduates of law schools within its state borders. However, Wisconsin is not the first state to enact diploma privilege as a means of licensing attorneys. At one point, diploma privilege was the norm, not the exception. Thirty-two states and the District of Columbia utilized diploma privilege as the principal means of licensing law school graduates until the early 1900’s.[1] When the American Bar Association denounced diploma privilege, states began to move toward examination as the gateway to licensure.[2] Many could have been left to believe that the time of diploma privilege was a bygone era. But maybe not so.

New Jersey has emerged as a leader by offering what most should consider a reasoned and compassionate compromise to address the frustratingly uncertain predicament that would-be July 2020 bar takers face. Today, the New Jersey Supreme Court entered an Order cancelling the July exam and postponing to a date uncertain in the fall. State courts in Hawaii, Massachusetts, and New York, had done the same thing days earlier. But unlike its northeast neighbors, New Jersey has granted an expanded ability to temporarily practice law under the supervision of an attorney[3] to 2020 graduates of any ABA accredited law schools who have not previously taken a bar examination. The order temporarily authorizes 2020 graduates to enter appearances, draft legal documents and pleadings, provide legal services to clients, engage in negotiations and settlement discussions, and provide other counsel consistent with the practice of law. The temporary license terminates on the date the next bar exam is given in the state of New Jersey.

Critics may point to shortcomings of the Order. To such criticism bar admission policy reform advocates will likely respond today's order was not perfect, but it was an excellent start. “At this challenging time, the public has a continuing and growing need for legal services in many critical areas,” Chief Justice Rabner stated in the order. “Newly admitted lawyers can help meet that need. The Court also recognizes that, without a means to pass the bar and obtain a law license, qualified students who expect to graduate this spring may lose job offers, be unable to find legal work, and otherwise suffer financial hardship.” Thank you, New Jersey. Thank. You.

Who's got next?

(Marsha Griggs)

 

[1] Beverly Moran, The Wisconsin Diploma Privilege: Try It, You'll Like It, 2000 Wis. L. Rev. 645, 646 (2000).

[2] Paul C. Huddle, Raising the Bar: How the Seventh Circuit Nearly Struck Down the Diploma Privilege Under the Dormant Commerce Clause, 5 Seventh Circuit Rev. 38, 40 (2009).

[3] The supervising attorney must be in good standing and have been licensed to practice law in New Jersey state courts or at least three years.

Building Mental Toughness

Law school and the bar exam require immense mental toughness during regular preparation periods.  Online learning combined with the stress from uncertainty magnifies that difficulty.  Dr. Travis Bradberry wrote an article for Success magazine in 2016 describing 15 qualities mentally tough people exhibit.  The list includes:

1. Emotional Intelligence
2. Confidence
3. Neutralizing toxic people
4. Embracing change
5. Saying no
6. Fear leads to regret
7. Embracing failure
8. Not dwelling on mistakes
9. Others won't limit joy
10. Won't limit the joy of others
11. Exercise
12. Get enough sleep
13. Limit caffeine
14. Forgiving
15. Relentlessly positive

All those qualities may not apply to law school or the current situation, but many of us could benefit from doing more of a few of them.  Most of us should be more confident, say no more, embrace failure, not dwell on mistakes, exercise, get sleep, forgive, and stay positive.  Check out the article for advice in each one of these areas.  Most of us are trying to do much more now than a couple months ago.  Be reasonable and take steps to stay mentally fresh.  

(Steven Foster)

 

 

Fall Bar Exam Date Possibilities

The NCBE released an update yesterday on the fall bar exam dates.  You can read the update below.  You can also click here to go to their COVID-19 updates page.

 

Last updated April 3, 2020, 4:48 pm (CDT)

NCBE continues to monitor the coronavirus (COVID-19) situation closely. The health and safety of bar applicants and of our employees and volunteers are of paramount importance to us. We will update this page as new information becomes available.

Click below to see which jurisdictions have made announcements about the July 2020 bar exam. 

 July 2020 Bar Exam: Jurisdiction Information

For answers to frequently asked questions, see the FAQs below this statement.

---

At NCBE, we understand the anxiety and frustrations that law students and graduates have regarding the uncertainty surrounding administration of the July bar exam. The bar admissions process, like everything else, is being disrupted by the COVID-19 pandemic. 

NCBE’s mission is to promote fairness, integrity, and best practices in admission to the legal profession for the benefit and protection of the public. That mission is more important than ever at a time when there is such great need for a competent and ethical legal profession to serve the public. It is with that aim in mind that we are seeking to ensure that the bar exam can be administered to as many candidates as possible in 2020.

To provide needed flexibility for jurisdictions and candidates, in addition to preparing materials for a July bar exam, NCBE will make bar exam materials available for two fall administrations in 2020: September 9-10 and September 30-October 1. Each jurisdiction will determine whether to offer the exam in July, in early September, or in late September. 

We don’t yet know what the months ahead will hold. NCBE is being proactive and continuing to explore solutions for as many scenarios as we can anticipate. We are consulting with outside testing, technology, and exam security experts to consider various options and alternative methods of testing if the traditional group setting must be canceled or modified.

But no matter what happens, we are committed to ensuring that law students have every opportunity to become licensed so that they can put their legal education to work in helping those affected by this crisis.

 

(Steven Foster)