The National Conference of Bar Examiners (NCBE) has announced that the NextGen bar exam, scheduled to launch in 2026, will incorporate in-depth questions aimed at assessing candidates’ knowledge and skills in attorney functions. This news follows the recommendations of a 21-member content scope committee, which conducted a comprehensive three-year study of the bar exam.
In a recent news release, Judith Gundersen, the president and CEO of the NCBE, stated that jurisdictions will have the option to continue using the current version of the bar exam instead of transitioning to the NextGen format. This flexibility recognizes the varying needs and preferences of different jurisdictions.
The proposed revisions to the exam were developed through a collaborative effort, including input from nearly 400 individuals, such as law school deans, lawyers, judges, and law students. This inclusive approach ensures that diverse perspectives are taken into account during the examination’s redesign process.
The NextGen bar exam will introduce a new component focused on testing attorney skills. This section will include a combination of short-answer and multiple-choice questions, presenting scenarios that involve complex legal issues spanning multiple subject areas. By incorporating these types of questions, the exam aims to assess candidates’ lawyering skills without requiring them to perform on-the-spot.
A content scope report, released as part of the exam redesign process, provides examples of the anticipated new questions categorized as “foundational skills.” The report emphasizes that the structure of the skills assessment questions is still preliminary. However, it outlines a potential format in which test-takers would identify the legal principles influencing the outcome of a given matter. Based on applicable rules and standards, they would also evaluate the strengths and weaknesses presented in a scenario from the perspective of their client or the opposing party.
For questions requiring more extensive fact development, candidates would be expected to identify which facts need further investigation or devise the most effective strategy to assess the strengths and weaknesses of both the client and the opposing party. Additionally, test-takers would be asked to provide an assessment of the probable outcome.
To adequately prepare for the skills section of the NextGen bar exam, the integration of clinical courses into law school curricula is expected to play a significant role. Jon Lee, a professor at the University of Maine School of Law involved in drafting the exam, expresses optimism about law schools’ ability to provide the necessary preparation for the skills component.
The NextGen bar exam will cover a range of subjects, including business associations and relationships, civil procedure, constitutional law, contracts, criminal law, evidence, real property, and torts. However, topics such as conflicts of laws, family law, trusts and estates, and secured transactions will no longer be required knowledge for test-takers. Instead, these subjects may be incorporated into “legal scenarios,” accompanied by research materials provided to test-takers during the examination.
As the launch of the NextGen bar exam approaches, further updates and refinements to the exam structure are expected. The NCBE aims to ensure that the revised exam effectively evaluates candidates’ legal knowledge and skills, aligning with the evolving demands of the legal profession.