Here Is What the “New” Bar Exam Will Test

The National Conference of Bar Examiners has finally unveiled what the overhauled new bar exam will cover.

The newly released 42-page outline identifies the specific lawyering skills and areas of the law that will be tested on the NextGen Bar Exam. It also clarifies which areas of the law examinees must memorize and which they will be tested on with the help of resources — a departure from the current bar exam which is heavily weighted toward memorization.

The National Conference formally launched the development of the new test in early 2021 and said it will place more emphasis on legal skills and rely less on the memorization of legal concepts — partially in response to criticism that the existing exam does not reflect the actual practice of law.

The new test will do away with the current exam’s three separate components — the Multistate Bar Examination, the Multistate Essay Examination and the Multistate Performance Test— in favor of an exam designed to better integrate knowledge and skills.

For example, the new exam may use a common fact pattern to test two or three areas of the law and a variety of legal skills over five or six questions of various formats, said Cynthia Martin, a Missouri judge who is leading the development of the new test.

The National Conference previously said the NextGen Bar Exam will test aspiring attorneys in seven skills areas, including client counseling and advising; client relationships and management; legal research; legal writing; and negotiations. And it will test examinees in eight areas of the law: business associations and relationships; civil procedure; constitutional law; contracts; criminal law and constitutional protections of accused persons; evidence; real property; and torts. The new test will drop family law; estates and trusts, the Uniform Commercial Code; and conflict of laws.

The National Conference also has pilot-tested new exam questions with 2,500 third-year law students and recent law graduates from 70 law schools, and it expects to begin releasing sample test questions within the next year or so.

It is also nearing a final decision on the length of the exam, which officials have said will be no longer than the existing test, and likely shorter.

The new exam is set to debut in 2026, although it is anticipated that most states will not adopt it right away, and will each set their own timeline as to when they plan on substituting it for the Uniform Bar Exam (UBE) that is currently offered.

You can read more about the new exam here .

While these new bar exam developments are very interesting, it will not take place for a few years. So if you are planning on retaking the July bar exam in 2023, you will need to focus on passing the UBE. Luckily, we can help! We are dedicated to helping retaker students pass and urge you to contact us right away, as the sooner we speak, the sooner we can help you set up a game plan for success on the upcoming exam. Just submit your score report here or email us at [email protected]