The State Bar of California is set to introduce its bar exam as early as February 2025, diverging from the national attorney licensing test. This move signifies a significant shift for California, which boasts the second-largest number of bar examinees in the United States, trailing only New York.
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Partnership with Kaplan Test Prep
On Thursday, the state bar’s board of trustees approved a $8.25 million, five-year contract with Kaplan Test Prep to develop bar exam questions. Consequently, California will not adopt the new version of the national bar exam, the NextGen bar exam, slated to launch in July 2026. Instead, California will proceed with its tailored bar exam, unlike 21 other jurisdictions that have committed to the national exam.
Cost Savings and Exam Administration
The state bar anticipates saving up to $4 million annually by administering the exam remotely or in smaller test centers, thus eliminating the expense of renting large event venues biannually. The NextGen bar exam, developed by the National Conference of Bar Examiners (NCBE), mandates in-person administration, which contrasts with California’s flexible approach.
Addressing Financial Challenges
The California bar’s move comes as its attorney admissions arm faces financial difficulties, with a projected overspend of nearly $4 million this year. This new plan aims to ensure aspiring California lawyers can obtain their licenses efficiently while adapting to the evolving landscape of legal education and practice.
Ensuring Compliance and Intellectual Property Rights
Despite the forward momentum, the NCBE raised concerns in May about potential copyright issues with Kaplan’s development of multiple-choice questions similar to those on the Multistate Bar Exam (MBE). These concerns delayed the state bar’s trustees’ final contract vote. However, special counsel Bridget Gramme assured the board that these concerns have been addressed in ongoing discussions with Kaplan.
Future Developments
Under the proposed agreement, Kaplan will begin creating multiple-choice questions for the February 2025 exam, with plans to start developing essay questions and performance tests by 2026. Although a spokesperson for Kaplan declined to comment on the new partnership, the NCBE expects that Kaplan will respect existing contracts and intellectual property rights.
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