The NextGen Bar Exam is Coming: What You Need to Know

This article was last updated Aug 26, 2024. Please visit the National Conference of Bar Examiners (NCBE) website for the latest news on the NextGen Bar Exam.

Introduction to the NextGen Bar Exam

Overview

The NextGen Bar Exam is a modernized shift to the current Uniform Bar Exam, set to better align with the practical demands of the legal profession. This new exam structure, developed by the National Conference of Bar Examiners (NCBE) with input from lawyers, judges, legal educators, employers, and other interested groups, aims to more accurately assess the essential skills and knowledge that new lawyers need to effectively begin their legal careers, providing a more practical and relevant measure of a law student’s readiness to practice law. The NCBE began exploring the need for changes to the bar exam around 2018.

Purpose

The primary goal of the NextGen Bar Exam is to enhance the practical competency of new lawyers. By emphasizing foundational legal skills and ethical decision-making, the exam is designed to produce professionals who are well-prepared for the complexities of modern legal work. 

Timeline for Implementation

The NextGen Bar Exam will be implemented in phases. Key dates include:

• Prototype Testing: The NCBE will be administering a full-length pretest of the NextGen bar exam to participants who completed the July 2024 bar exam. This prototype testing is designed to evaluate and refine the new exam format and content to ensure it effectively assesses the competencies necessary for entry-level legal practice. 
• First Administration: The first administration of the NextGen Bar Exam will take place in July 2026.
• Current Uniform Bar Exam Eliminated: The current Uniform Bar Exam and the NextGen Bar Exam will be offered concurrently for two full years, making the current UBE available through the February 2028 exam.
• Family Law Addition: Family Law will be included in the exam starting with the July 2028 NextGen Bar Exam.

This timeline allows current and future law students time to adjust to the new format, with key registration and preparation deadlines to be announced by state bar associations. So far, more than one-half of the jurisdictions that currently administer the UBE have announced plans to administer the NextGen Bar Exam.

It's important to note that not all jurisdictions will adopt the NextGen Bar Exam. For example, California has decided not to implement the NextGen format at this time and has instead announced plans to develop its own state-specific bar exam. Candidates should check with their jurisdiction's bar examiner to understand which exam format will be used.

Key Changes in the Exam Structure

Format Changes

The NextGen Bar Exam introduces key format changes to better assess the practical skills and knowledge needed for entry-level legal practice. Unlike the Uniform Bar Exam, which relies on 200 standalone multiple-choice questions for half its exam, the NextGen Bar Exam will feature integrated question sets that combine multiple areas of law and require examinees to apply skills and knowledge in more realistic scenarios. By integrating subjects across different sections, the NextGen Bar Exam reflects the interdisciplinary nature of real-world legal practice, focusing on foundational skills and real-world applicability rather than mere knowledge recall.

The NextGen Bar Exam maintains performance tasks similar to those in the Uniform Bar Exam, which simulate real-life legal tasks such as drafting memos or briefs, emphasizing problem-solving, legal reasoning, and professional judgment. Additionally, short-answer questions are included to test the practical application of legal concepts, reducing the focus on rote memorization and increasing the emphasis on skills-based assessments.

The NextGen Bar Exam’s overall structure will be streamlined to 1.5 days, reducing the length of the current two-day exam while maintaining a comprehensive evaluation of essential competencies. 

Content Adjustments

Most of the substantive areas tested on the Uniform Bar Exam will remain on the NextGen Bar Exam: Civil Procedure, Constitutional Law, Contracts and Sales, Criminal Law, Criminal Procedure, Evidence, Real Property, and Business Associations (which includes agencies, partnerships, and corporations). 

As noted above, Family Law will be added to the list of subjects beginning with the July 2028 exam. 

At this time, the NCBE has announced that Trusts and Estates will not be tested as a standalone substantive subject on the NextGen Bar Exam but will instead appear in a performance task between July 2026 and at least February 2028. This means that candidates will not need to memorize the specific laws governing Trusts and Estates for the exam. Instead, any legal rules or statutes required to answer the performance task will be provided within the question itself. Candidates will be expected to apply the provided legal resources to analyze the facts, solve the problem, or draft a legal document, reflecting a more practical, skills-based approach to testing this area of law.

Professional Responsibility will be added to the NextGen Bar Exam, reflecting its importance in legal practice. It may be assessed through integrated questions that require the application of ethical rules and standards in real-world scenarios, ensuring that candidates are prepared to apply these principles effectively.

This means that subjects like Conflicts of Laws and Secured Transactions are no longer tested on the NextGen Bar Exam, except, of course, to the extent the examiners provide the examinees with the provision of legal resources within a performance task (like Trusts and Wills).

As far as lawyering skills go, the Uniform Bar Exam primarily focuses on issue spotting and analysis and legal writing. The NextGen Bar Exam expands the list of foundational lawyering skills by adding legal research, investigation and evaluation, client counseling and advising, negotiation and dispute resolution, and client relationship and management.

Testing Methods

The NextGen Bar Exam will be administered as a computer-based test, marking a significant shift away from traditional pencil-and-paper methods, including the elimination of fill-in-the-bubble answer sheets for multiple-choice questions. Candidates will take the exam on laptops provided at the testing center or on their own approved devices, depending on their jurisdiction's requirements. This transition to a digital format allows for more efficient test administration and scoring, reduces the risk of errors associated with manual answer sheets, and offers a more streamlined and accessible testing process. 

FAQs and Common Concerns

Which Jurisdictions Have Adopted the NextGen Bar Exam?

The following jurisdictions have announced their adoption of the NextGen Bar Exam starting with the dates listed below.

• July 2026: Connecticut, Guam, Maryland, Missouri, Oregon, Washington
• July 2027: Arizona, Iowa, Kentucky, Minnesota, Nebraska, New Mexico, Oklahoma, Tennessee, Vermont, Wyoming
• July 2028: Colorado, Florida, Georgia, Indiana, Kansas, Utah
• Date to be announced: Illinois (2028)

Registration Process

Candidates must follow specific steps for registering for the NextGen Bar Exam, with deadlines and documentation requirements clearly outlined by NCBE and state bar associations.

To register for the NextGen Bar Exam, candidates must follow the specific instructions provided by the state boards of law examiners in the jurisdiction where they plan to take the exam. As with the current bar exam process, each state has its own set of guidelines and requirements, including deadlines, documentation, and fees. It is crucial for candidates to carefully review and adhere to these instructions to ensure a smooth registration process. Missing a deadline or failing to submit the correct materials could result in delays or disqualification. For more detailed information, candidates should visit the website of their respective state board of law examiners and the NCBE's official site.

Accommodations and Special Needs

Accommodations for candidates with disabilities will continue to be available for the NextGen Bar Exam. Candidates seeking accommodations should consult the specific instructions provided by their state board of law examiners, as each jurisdiction may have different requirements and procedures. 

Next Steps as the NextGen Bar Exam Approaches

As the NextGen Bar Exam approaches, staying informed and adequately prepared will be essential for law graduates looking to gain US bar exam eligibility. The changes are designed to better equip future lawyers with the skills and knowledge necessary for successful legal practice in the modern world.