The California Bar eliminated a proposal from its agenda that will transition to a new bar exam author as early as February 2025. Formally, the proposal shouldn’t be “lifeless” however in abeyance pending finalization of terms. A prudent transfer till you do not forget that the bar examiners say they’re going to be bankrupt in the event that they don’t get a brand new examination vendor by subsequent 12 months.
Ought to the state have began engaged on discovering an answer to this earlier than they’d $3.3 million within the financial institution realizing full effectively that it prices them $3.8 million a 12 months to stay with the NCBE as its examination vendor? Most likely! Provided that they didn’t, isn’t probably the most accountable choice to push ahead with a deal that saves them upwards of $4 million per 12 months? Certain… but when this group understood the best way to plan forward it wouldn’t be on this place within the first place.
Underneath the proposal, Kaplan would’ve taken over the position of writing the check and would then depart the California market as a bar prep supplier. Not like the NCBE, an entity that hates the prospect of distant test-taking a lot that it needed to be dragged kicking and screaming into even probably the most modest of lodging throughout a world pandemic, Kaplan would permit the nation’s second-largest state to loosen up the bodily journey necessities that the in-person check locations upon candidates. And extra saliently, loosen up the examiners’ requirement of reserving huge occasion halls to carry candidates throughout the check.
Critics had objected to the compressed timeline for the Kaplan transition, on condition that Kaplan has not beforehand been within the bar examination writing enterprise — as if writing a bar examination is rocket surgical procedure or one thing. The requirements for the check wouldn’t have modified and, in a nutshell, Kaplan’s follow exams would’ve simply change into the brand new examination. Now we have critical tutorial analysis demonstrating that the NCBE’s check is more or less useless as a licensure tool regardless of the group’s protestations that its check questions mirror a fragile steadiness of brilliance that conveys incomparable insights.
Writing an examination is difficult. Writing an examination shouldn’t be unattainable.
However somewhat than let a well-established enterprise of bar examination consultants write a check that may very well be used on-line, or restrict the deal to Kaplan-provided places, or create a barely elongated timeline, California is playing with working out of cash.
Personally, I’d have chosen “any of the above.”
Joe Patrice is a senior editor at Above the Legislation and co-host of Thinking Like A Lawyer. Be happy to email any ideas, questions, or feedback. Observe him on Twitter for those who’re concerned with regulation, politics, and a wholesome dose of school sports activities information. Joe additionally serves as a Managing Director at RPN Executive Search.
