The legal industry is undergoing substantial transformations as several states implement significant changes to their bar exams, whether by adopting the National Conference of Bar Examiners’ (NCBE) NextGen Bar Exam or by implementing adjacent programs of their own. These modifications aim to address evolving educational needs, regional disparities in legal services, and the growing demand for legal professionals.

California Strikes Deal with Kaplan for a New Bar Exam

California has taken partnered with Kaplan North America to develop a new bar exam. The California State Bar reached an agreement with Kaplan to produce a redesigned bar exam that better reflects the skills and knowledge required for modern legal practice. The deal came as a surprise as a month ago, Kaplan backed out of talks about creating a new exam after the NCBE warned the company about possible intellectual property infringement.

Under the five-year, $8.2M contract, Kaplan will develop a new multiple-choice bar exam that can be administered as of February 2025. The testing giant will also generate essay and performance test questions starting in 2026 and will start offering free testing guides for applicants and faculty this fall.

Key Aspects of the New Exam:

• Focus on Practical Skills: The new California bar exam will place a greater emphasis on practical skills rather than rote memorization. This change aims to better prepare candidates for real-world legal challenges.

• Integrated Testing: The redesigned exam will integrate multiple areas of law into comprehensive scenarios, testing candidates’ ability to apply legal principles across different contexts.

• Technology and Innovation: Kaplan’s involvement is expected to bring technological innovations to the exam process, including digital testing platforms that will allow applicants to take the exam remotely or at testing centers, and adaptive learning tools.

Arizona Launches Apprenticeship Plan to Boost Lawyer Numbers

Arizona has adopted an innovative approach to address the state’s legal deserts—regions with inadequate access to legal services—by implementing an apprenticeship plan as an alternative to the traditional bar exam. This initiative targets mostly law school graduates who fall just short of passing the bar exam and aims to increase the number of practicing lawyers, particularly in underserved areas. According to a state Supreme Court order establishing the new program, Arizona ranks 49th out of 50 states in lawyers per capita.

Details of the Apprenticeship Plan:

• Duration and Structure: The plan requires apprentices to work under the supervision of licensed attorneys for a specified period, typically two years, before they can be admitted to the bar.

• Comprehensive Training: Apprentices will receive hands-on training in various legal practices, ensuring they gain practical experience and knowledge.

• Accessibility: This route provides an alternative for those who may face financial or educational barriers to passing the conventional bar exam.

The apprenticeship program will begin in September and is open to graduates of American Bar Association-accredited law schools who scored between 260 and 269 on the Uniform Bar Exam on or after July 2023, meaning they just missed Arizona’s passing score of 270. The program will therefore encourage graduates to stay in the state instead of leaving to practice in states with lower bar exam passing scores, or delaying the start of their careers as they retake the exam.

Florida Embraces NextGen Bar Exam

Florida has become the largest state to adopt the NCBE’s NextGen Bar Exam, which is being described as the Bar Exam of the Future and a significant change in bar examination in the last five decades.

The state’s current General Bar Examination comprises two parts: the Multistate Bar Exam (MBE), created by the National Conference, and a Florida-specific section. The new exam will discontinue the MBE and will start being administered as of July 2028, with a state-specific component still included.

Florida's announcement comes three weeks after the Texas Supreme Court requested public comments on its plans to start using the NextGen bar exam in July 2028. So far, 21 jurisdictions have announced that they were moving to the new exam, with dates ranging from July 2026 to July 2028.

The announcement was generally well received but opponents criticized the lack of information about the new exam. “We have adopted an exam for which we have limited information—an exam which is still in development,” said Steven A. Maxwell, Lecturer in Law and Director of Academic Achievement at the University of Miami School of Law. “For all the legitimate criticisms of the current bar exam, the NextGen is untested.”

Future Direction

These changes in California, Arizona, and Florida reflect a broader trend toward reforming legal education and licensure to meet contemporary demands. As other states observe these initiatives, they may consider similar reforms to address their unique challenges, either by developing their own programs or adopting the NextGen Bar Exam, so as to ensure that the legal profession remains robust, diverse, and well-equipped to serve the public effectively.