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The recent attorney licensing exams have reported a significant drop in pass rates across the country, including in New York, Texas, and Florida. In New York, the overall pass rate on the latest bar exam fell to 40% from 45% last year, with a nine percentage point decline over the past two years. The first-time pass rate declined from 61% in 2022 to 56% this year.
Of the 26 states that have announced results, only three—Pennsylvania, Montana, and Vermont—posted an increased overall pass rate. Illinois held steady with a pass rate of 43%. However, the overall pass rates dropped in the remaining 22 states, half of which saw double-digit declines.
Texas and Florida saw their overall pass rate decline by five percentage points. Just 39% of Florida’s February bar examinees passed, while 45% of test takers in Texas passed. California is the only large bar exam jurisdiction that has not yet announced results.
The National Conference of Bar Examiners hinted at pass rate declines last month when it reported that the national average score on the Multistate Bar Exam decreased 1.5 points to 131.1 from the previous year. It attributed that decline to an increase in repeat test takers and the pandemic’s negative impact on learning. It noted that the year-over-year average MBE score decline was even steeper for February’s first-time examinees. Many of those test takers were in their crucial first year of law school when the COVID-19 pandemic hit and forced classes online. The bulk of the subjects tested on the bar exam are taught in that first year.
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February bar exam pass rates are typically lower than their July counterparts because it draws a higher percentage of people who have already taken the test at least once and failed. However, this year’s results are looking particularly grim. New Mexico saw the biggest decline thus far, with its overall pass rate dropping 26 percentage points from 70% last year to 44% this year. Nebraska’s pass rate fell 20 percentage points to 41%, while Kansas’ declined 17 percentage points to 51%.
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The drop in bar exam pass rates is alarming for law students who have invested significant time and resources in their legal education. Passing the bar exam is a crucial step in becoming a licensed attorney and practicing law. With the recent decline in pass rates, many students are left wondering what the future holds for their legal careers.
The pandemic has undoubtedly played a significant role in the drop in pass rates. The sudden shift to online learning has disrupted the traditional law school experience, making it challenging for students to prepare adequately for the bar exam. Additionally, many students have had to deal with added stress and anxiety due to the pandemic’s overall impact on daily life.
In response to the declining pass rates, some states are considering changes to the bar exam. For example, California recently announced that it will explore the possibility of a provisional licensure program that would allow graduates to practice law under the supervision of a licensed attorney without passing the bar exam. This program would provide graduates with valuable practical experience while allowing them to continue to study for the bar exam.
Overall, the recent drop in bar exam pass rates highlights the need for continued support and resources for law students. As the legal profession continues to evolve, adapting and providing students with the tools and resources they need to succeed is essential.
