The National Conference of Bar Examiners (NCBE) has designed a uniform bar exam that is expected to be given by approximately ten states in 2011. The aim of the uniform exam is to standardize attorney credentials nationally, and would allow those who pass to carry their bar scores from state-to-state without having to retake the exam.
As explained in a recent article posted on Law.com, not only would a uniform exam grant lawyers more freedom in terms of choosing a career location, but, supporters argue, it would also improve the quality of bar exams, especially in states that currently do not have large test-development budgets.
Erica Moeser, President of the NCBE, has announced that ten states are positioned to give the uniform exam by 2011, though she has not specifically named these states. In addition to the ten states interested in using the test by 2011, another 22 states have expressed interest in implementing the uniform exam in coming years. Although some of the interested jurisdictions remain anonymous, representatives from Colorado, Minnesota and Missouri have confirmed that they are considering making the switch.
Although the interested states are moving ahead with the plan and are set to meet in Phoenix next month to discuss last minute details, there are still many who oppose the exam. Several key states, including New York, California and Florida, have so far declined to implement the exam. The most frequently cited concern is the fact that a uniform exam will focus on federal law and doctrine and will therefore not be indicative of a test taker’s proficiency with state laws. Others have expressed worries related to scheduling and scoring, and have also noted that a uniform exam will grant the NCBE a great deal of power.
Despite the fact that some states remain hesitant, the shift towards a uniform test will nonetheless create notable changes in legal education and the practice of law. Recent law school graduates, for example, may be able to take the bar exam in the same state as their program, and then move to a new location to begin a career without having to retake the test. Jerome Hafter, chair of the American Bar Association Section of Legal Education and Admissions to the Bar, noted that a portable bar exam score is part of a trend toward the nationalization of legal practice.
Additionally, the transition to a uniform exam would most likely mean a shift within law school curriculum, as schools could focus on the subject covered by the exam without feeling obligated to cover “niche” or state-related topics. Some states, including Pennsylvania, however, are reluctant to implement the uniform exam for this very reason, explaining that drawing attention away from state laws to focus more heavily on federal doctrine will negatively impact the public.
Though the first uniform exam will not be given until 2011, and despite the fact that several states still remain hesitant to implement a uniform test, the move towards such an exam has the potential to soon begin affecting law school applicants. Knowing that they have the freedom to transfer bar exam scores from state-to-state may impact candidates’ decisions when deciding on a law program to attend, and could also affect the curriculum at their target schools.
