Questioning The Inevitability Of The NextGen Bar Exam

Nachman N. Gutowski (UNLV; Google Scholar), Ashley London (Duquesne; Google Scholar), Steven Foster (Oklahoma City) & Taylor Israel (Thomas Jefferson), Questioning the Inevitability of the NextGen Bar Examination: 

The National Conference of Bar Examiners (NCBE) is actively promoting the NextGen Bar Exam (NextGen) as an inevitable and necessary replacement for the current Uniform Bar Examination (UBE). This new exam has been advertised as a modern solution to legal licensure, with the NCBE publicizing commitments from a growing list of jurisdictions as what can only be described as an inference of evidence to its inevitable nationwide adoption. However, a closer examination reveals a more complex and nuanced picture, raising questions about the true inevitability of NextGen and highlighting the significant remaining hurdles. The article delves into these complexities, challenging the narrative of widespread acceptance and emphasizing the need for a more thoughtful and inclusive approach. 

While the NCBE touts early commitments to the NextGen Bar Exam, these commitments represent only a fraction of the total jurisdictions and even less of the examinees nationally. Many jurisdictions, particularly those with the largest numbers of bar exam takers, have yet to commit to adopting the new exam.

This hesitation underscores the importance of a deliberate transition strategy that addresses all stakeholders' diverse concerns. The NCBE must prioritize transparency in its communications, providing clear and detailed information about the changes in the exam's structure, content, and expected outcomes. Additionally, meaningful engagement with law schools, bar associations, legal educators, and public interest groups is crucial to garner broad support and ensure the new exam meets the evolving needs of the legal profession.  

The potential transition to NextGen presents an opportunity to reassess and improve the bar examination process. However, this must be done carefully, considering the practical implications for jurisdictions, examinees, and legal educators. The article advocates for a phased and collaborative implementation, allowing for renewed pilot testing and incremental adjustments based on feedback from various stakeholders. By fostering an environment of openness and inclusivity, the NCBE can work toward rebuilding trust and support for the NextGen Bar Exam, ensuring that it serves its intended purpose of upholding high standards in legal licensure while adapting to the contemporary demands of legal practice.

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