The State Bar of California’s initiative to create its own bar exam encountered a significant hurdle in May. The organization responsible for the national bar exam, the National Conference of Bar Examiners (NCBE), raised concerns about intellectual property, as revealed by recently released documents.
Proposed Partnership with Kaplan
The California Bar had intended to partner with Kaplan Test Prep, agreeing to pay up to $1.475 million annually over five years. The goal was to develop multiple-choice questions akin to those in the Multistate Bar Exam (MBE), a component of the national test. This strategy was projected to save up to $4 million annually by expanding remote testing capabilities and eliminating the biannual expense of renting large event spaces.
Intellectual Property Concerns
However, on May 16, Kaplan requested the state bar defer any decisions following a warning from the NCBE. In a letter dated May 14, the NCBE cautioned Kaplan against using any copyrighted MBE materials. Kaplan has been licensing actual MBE questions for its test prep programs since 2009, but the NCBE stressed that none of its materials should be used to create questions for any jurisdiction’s bar exam.
Official Responses
Kaplan declined to comment on the situation. An NCBE spokesperson referenced their May 14 letter to Kaplan and noted that California has until November 1 to decide whether to use MBE questions for the February 2025 bar exam. Maintaining the current system, California bar examinees complete the 200-question MBE on one day, followed by five one-hour essays and a 90-minute performance test developed by the California Bar.
Future Steps
California Bar staff are collaborating with Kaplan to identify any intellectual property issues. They are also contemplating the continued use of the MBE for the February exam or developing their own multiple-choice questions for the July 2025 exam. “We remain optimistic about finding a collaborative solution with the NCBE to resolve these issues for the benefit of future California bar exam applicants,” said Leah Wilson, California Bar Executive Director.
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