This article originally appeared in The Bar Examiner print edition, Summer 2024 (Vol. 93, No. 2), pp. 41-42.By Andreas Oranje, PhD, MBAPreparations for the NextGen bar exam have continued this summer. This quarterly update covers NextGen drafting committees, pilot test results, updates on Family Law and Trusts and Estates, and the NextGen prototype exam.
NextGen Question Drafting
Questions for the NextGen bar exam, like those for our current exam components, are written and reviewed by expert practitioners, judges, and legal educators, with support from NCBE’s attorney-editors. Over the past year, we have welcomed 40 new drafters and reviewers located throughout the country as members of NextGen drafting committees working on integrated question sets and performance tasks, and writing multiple-choice questions for Business Associations, a topic currently only tested within essay questions. In addition, the 48 members of the seven existing MBE drafting committees (Civil Procedure, Constitutional Law, Contracts, Criminal Law and Procedure, Evidence, Real Property, Torts) have now fully transitioned to drafting NextGen items. Altogether, the NextGen drafting committees are made up of 61 law school professors, 5 deans, 9 practicing attorneys, and 13 judges. These numbers will increase as we continue to recruit additional drafters and plan for the formation of the Family Law drafting committee in the months ahead.
NextGen Jurisdiction Announcements
Twenty-three jurisdictions have announced that they intend to adopt the NextGen bar exam, most recently Florida, Georgia, and Indiana (first administration in July 2028); Illinois (first administration in 2028); and Oklahoma (first administration in July 2027). A map of all participating jurisdictions can be found below and on the NCBE website at www.ncbex.org/exams/nextgen.
Pilot Test Results
NCBE recently published its first analysis of NextGen bar exam performance data, which was gathered from pilot testing that took place between August 2022 and April 2023. Over 2,500 law students and recently licensed lawyers participated in the pilot test. Participants answered drafts of new types of questions being developed for the NextGen exam and then provided feedback on the questions and on their overall experience of taking the pilot test. See this article for a research brief on the pilot test. A similar report on the NextGen field test conducted in early 2024 will be issued later this year.
Family Law and Trusts and Estates Updates
During the transitional period between July 2026 and February 2028, both the current and NextGen bar exams will test Conflict of Laws, Family Law, Trusts and Estates, and Secured Transactions in a manner similar to the current MPT—with the provision of relevant legal resources. As a result, during the period from July 2026 to February 2028, these subjects will not be included on the subject matter outlines for either exam.
A draft of the subject matter outline for Family Law that will be used beginning with the July 2028 NextGen administration was open for public comments through August 8. A final version of the outline will be published in the coming months.
NextGen Adoption by Jurisdiction as of August 21, 2024
October Prototype Exam
Examinees who took the July 2024 bar exam are being invited to participate in a full-length NextGen prototype exam, which will be held in 32 jurisdictions across the country in October. The prototype exam is a nine-hour pretest, held over two days, of the new bar exam question types and format that will debut in July 2026. Those who take the prototype exam will be paid for their time.
Results of the prototype exam will be used to develop a national score scale for the new exam and to evaluate the effectiveness of individual exam questions. Data from the prototype exam will also inform a national standard-setting study to be held in mid-2025.
Andreas Oranje, PhD, MBA, was the Managing Director of Assessment Programs for the National Conference of Bar Examiners.
About the Next Generation of the Bar Exam
Set to debut in July 2026, the NextGen bar exam will test a broad range of foundational lawyering skills, utilizing a focused set of clearly identified fundamental legal concepts and principles needed in today’s practice of law. The skills and concepts to be tested were developed through a multiyear, nationwide legal practice analysis, focused on the most important knowledge and skills for newly licensed lawyers. Designed to balance the skills and knowledge needed in litigation and transactional legal practice, the exam will reflect many of the key changes that law schools are making today. NCBE is committed to ensuring a systematic, transparent, and collaborative implementation process, informed by input from and participation by stakeholders, and guided by best practices and the professional standards for high-stakes testing.
For more information, visit nextgenbarexam.ncbex.org/.
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