The bar exam can strike fear in potential lawyers. California's notoriously difficult version probably doesn't help jangling nerves. Add to the mix the problems encountered this year as the state tries to implement a new test and system, and the experience sounds like a nervous breakdown waiting to happen.
The State Bar of California is looking out for those they may soon oversee. At a Board of Trustees meeting on February 21, 2025, the State Bar approved a plan to provide a free bar exam in July for those who either withdrew from the February Bar Exam or failed it. It's hoped these measures help with what has been a rough debut for California's new bar exam procedure.
No System Like a New System
Passing the bar exam is the final step required to practice law in a state. The test, often spanning two days, serves as an assessment of a candidate's ability to understand and apply legal principles to situations in the real world.
Most states use the Uniform Bar Examination (UBE) as part of the exam taken on the first day. This version uses the Multistate Bar Examination (MBE), which covers six aspects of the law (Contracts, Constitutional Law, Criminal Law, Torts, Real Property, and Evidence).
The second day offers more variation, including essays from the particular state the applicant is testing in. Some also include the Multistate Essay Examination (MEE), and the Multistate Performance Test (MPT). Bar exams are scheduled with the MBE taken on the last Wednesday of February and July. The MEE and the MPT are given on the prior Tuesday.
In August 2024, the State Bar of California entered into an agreement with Kaplan Exam Services, LLC. The multiple-choice exam developed by Kaplan would replace the MBE as part of the California Bar Exam. The State Bar also partnered with Meazure Learning to make the bar exam available both remotely or in person at local testing centers.
Phase One of the testing of the new system took place in an experimental exam focused on the new questions from Kaplan. Phase Two is scheduled for a third exam day in July 2025. The new testing platform was part of the February 2025 bar exam process.
Not the Smoothest Start
Things did not go the way the state bar hoped they would. There were problems with testing locations, issues with signing up through Meazure, confusion with scheduling, and lapses in communication that made everything worse.
Realizing the fiasco the rollout had become, the California State Bar Board of Trustees agreed to take drastic steps to make things right. They offered reimbursement of some travel expenses to test takers affected by the rollout issues. They also offered stipends for applicants with testing accommodations who were forced to switch to a less convenient testing location.
Having already offered refunds to those affected by the Los Angeles wildfires, the State Bar decided to take it a few steps further. They expanded the offer to include full refunds to anyone who wished to withdraw from the February test date due to the chaos.
Yet they still weren't done. Any applicant who took the February Bar Exam but failed to pass would be permitted to take it again in July — for free. Given that the pass rate for the 2024 February California Bar Exam was 34%, they might have a sizable number of people taking them up on that offer.
Growing Pains
There are a lot of attorneys in California. As of 2022, there were almost 200,000 active licensed lawyers in the state, with more on the way. California trails only New York in the number of exam takers per year. There is a lot at stake in getting it right. Hopefully, these issues will not repeat in the July exam. If they do, it may not be because of taking the test remotely. California has said that the retake will likely only be offered in-person.
Related Resources
- Bar Exam Rates Rise Nationwide (FindLaw's Practice of Law)
- What Is on the Bar Exam? (FindLaw's Law Students)
- State Bar Homepages (FindLaw's Bar Exam)
