BAR EXAMINATION
A written test that an individual must pass before becoming licensed to practice law as an attorney.
Bar examinations are regulated by states,
and their specific requirements vary from state
to state. Generally, they cover numerous legal
topics and consist of multiple-choice questions
or essay questions, or a combination.Most states
administer a standardized multiple-choice test known as the Multistate Bar Examination as at least part of the bar examination requirement.
Each state has an interest in protecting its
citizens by ensuring the quality and competency
of lawyers who receive licenses to practice there.
In addition to requiring bar candidates to pass a
difficult and comprehensive test of substantive
legal knowledge, most jurisdictions also require
proof of graduation from an accredited law
school and successful completion of a character
background review. With few exceptions, only
people who satisfy these strict requirements and
are licensed by a state bar may practice law in
that state. Critics of this system of attorney
licensure argue that its true purpose is to reduce
competition between lawyers by regulating the
number of lawyers admitted to the bar.
Historically, lawyers have played an active
role in determining who, and how many, would
join their ranks as members of the bar. This tra-
dition predates the U.S. Constitution by more
than six centuries, when English courts gov-
erned who would be allowed to practice law.
Courts have long relied on the rationale that the
integrity and competency of practicing attor-
neys directly affect the quality of justice dis-
pensed.
The U.S. legal system has adopted this
rationale. Before 1828, states allowed practicing
attorneys to determine the competency of
prospective attorneys. Strict rules developed by
lawyers at that time typically required an indi-
vidual to obtain a college degree and work sev-
eral years as an attorney’s apprentice before
being admitted to the PRACTICE OF LAW.
Because attorneys controlled who would get
apprenticeships, the general public perceived the
system as catering to the elite.
A decline of elitist attitudes surrounding the
election of President ANDREW JACKSON in 1828
prompted a change in the attorney licensing sys-
tem. State legislatures divested the authority
granted attorneys and reclaimed control of bar
admission standards, which became far less
stringent and far less exclusive. Apprenticeships
remained the most common form of legal study,
but by 1860, only nine states required any form
of LEGAL EDUCATION for ADMISSION TO THE
BAR. Written bar examinations, when required,
were cursory.
By the late 1800s, a surge in formal law
schools spurred a decline in legal apprenticeship
programs. A new wave of interest in improving
standards of legal education and bar admission
prompted the founding of the AMERICAN BAR
ASSOCIATION in 1878 and the American Associ-
ation of Law Schools in 1900. These groups
encouraged tougher bar admission standards,
including the requirement that all bar candi-
dates complete a written examination used to
assess their fitness to practice law. Today, every
state offers a bar examination.
Administrative bodies established in each
state generally govern the standards and partic-
ularities of the bar examination. In keeping with
the tradition of attorney self-regulation, these
boards usually are made up, at least in part, of
licensed attorneys. The boards determine what
legal topics will be covered; what types of ques-
tions will be asked; what grading methods will
be applied; and the locations, dates, and times of
examinations. Nearly every state requires, as one
component of the examination, the Multistate Bar Examination.
The Multistate Bar Examination contains
two hundred multiple-choice questions covering six legal topics: contracts, CONSTITUTIONAL LAW, CRIMINAL LAW and procedure, evidence,
real property, and TORTS. Examinees have six
hours to complete the exam, or 1.8 minutes for each question. This computer-graded test is offered twice a year, usually in July and February. Indiana, Iowa, Louisiana, Washington, and Puerto Rico are the only United States jurisdictions that have not adopted the Multistate Bar Examination.
Most states also require bar candidates to
complete a test of their knowledge of state laws.
Examinees usually take this portion of the exam
on the day before or after the Multistate Bar Examination. This state-specific examination
often contains essay questions or multiplechoice questions, or a combination. It may cover
a different range of legal topics than does the Multistate Bar Examination, although some topics are duplicated by the two tests.
More than half the states require, in addition, a passing score on the standardized multiple-choice test of legal and professional ethics called the Multistate Professional Responsibility Examination. Bar applicants normally take this
two-hour test several weeks before or after they take the bar examination. The Multistate Professional Responsibility Examination tests the applicants’ knowledge of the American Bar Association’s Model Rules of Professional Conduct. Topics include attorney-client confidentiality, conflicts of interest, and attorney
advertising.
In a few states, an attorney may be licensed to practice law without taking the state’s bar examination. Wisconsin permits graduates of accredited Wisconsin law schools to become licensed attorneys without taking any bar examination. Other states offer reciprocity, by accepting Multistate Bar Examination scores attained in other jurisdictions or by waiving the bar examination requirement for experienced attorneys licensed in other jurisdictions.
Jurisdictions also differ in their approach to
legal education requirements. Most states
require bar applicants to graduate from law
schools accredited by the American Bar Associa-
tion. Some states, such as California and Geor-
gia, will admit bar candidates who received law
degrees from unaccredited law schools under
certain circumstances. California, Maine, New
York, Vermont, Virginia, Washington, and
Wyoming do not require law degrees at all, but
alternatively require several years of legal
study—also known as reading law—with a
licensed attorney. Whatever the legal education
requirements, all members of the bar must pass the bar examination.
FURTHER READINGS
American Bar Association/Bureau of National Affairs. 1995.ABA/BNA Lawyers’ Manual on Professional Conduct.
Bosse, Diane F., and Lawrence M. Grosberg. 2003. “The BarExam: Should the Test Continue in its Current Form orare Alternatives needed? New York Law Journal Magazine2 (April): 12.
Curcio, Andrea A. 2002. “A Better Bar: Why and How theExisting Bar Exam Should Change. Nebraska LawReview 81 (winter): 363–423.
Curriden, Mark. 1995. “Lawyers Who Skip Law School.”American Bar Association Journal 81 (February).
Garth, Bryant G. 1983. “Rethinking the Legal Profession’s Approach to Collective Self-Improvement: Competence and the Consumer Perspective. Wisconsin Law Review 1983.
Getz, Malcolm, John Siegfried, and Terry Calvani. 1981.“Competition at the Bar: The Correlation between theBar Examination Pass Rate and the Profitability of Practice.”Virginia Law Review 67.
Pobjecky, Thomas A. “The Florida Board of Bar Examiners: The Constitutional Safeguard between Attorney Aspirants and the Public.” Nova Law Review 18.
Rogers, W. Sherman. 1989. “Title VII Preemption of State Bar Examinations: Applicability of Title VII to State Occupational Licensing Tests.” Howard Law Journal 32.“
Society of American Law Teachers Statement on the Bar Exam, July 2002.” 2002. Journal of Legal Education 52 (September): 446–52.
