Submitted by Brian Owsley
A panel consisting of Rishi Batra, Cassie Christopher, Laura Frase, Max Hare, Scott Johns, Brian Owsley, and Melissa Shultz met to discuss the NCBE’s proposed changes to its UBE starting in 2026. The new exam is referred to as the Next Gen Bar Exam.
Substantive material coverage will be reduced in three ways. First, the new bar will no longer cover several subject matters currently tested. They are Commercial Law (Article 2 will remain as part of Contracts coverage), Conflicts of Law, Family Law, and Wills, Trusts, and Estates.
Second, within tested subjects, some material will no longer be tested.
Third, within tested subjects, the material will be divided into two groups. Some material, the examiners will expect the takers to know. Other material, the examiners will provide as part of a package for assessment. For example, in Constitutional Law, the new bar expects test takers to know subjects like justiciability, standing, equal protection, and substantive due process. Test takers do not have to memorize concepts like judicial review or the Commerce Clause, but could be tested on them. If tested, the question will provide the material to be applied in the response.
Another example concerns Evidence. Takers will receive the tested rules. Thus, no memorization required, but they will have to apply them in various scenarios.
Although the bar exam is totally completed in written form, the examiners will add the assessment of skills to the exam. These skills include interviewing and counseling, issue spotting and analysis, legal research, legal writing and drafting, and negotiations.
The format is also changing. The exam will no longer have assessment sections based on multiple choice questions, essays, and the MPT. Instead, the bar exam will provide material and then assess with multiple choice questions or short answers. The question will then provide more information with additional questions based on the additional information. This terracing of questions and analytical will build throughout the question.
Within each question set, a couple of subjects likely will be covered. For example, a question may assess both Criminal Law and Evidence. Legal ethics concepts may also be assessed. For example, the question might expect the takers to spot a conflict of interest and address it.
The panel discussed two broad categories. First, the panel discussed how do we as professors teach the covered material and prepare our students for the bar exam. The panel discussed how to prepare students for the skills portions and to assess different tested skills. There may be a need to reassess curriculum in light to the new approach and emphases.
Second, the panel discussed what are the advantages and disadvantages of the new bar exam. The panel discussed whether the Next Gen bar exam would be an improvement over the UBE and who might be advantaged or disadvantaged by the new bar. With the phasing out of the MBE and MPT, what will non-UBE states do. Moreover, what options exist for current UBE states that may decide against the Next Gen exam.