Overview of "What's the bar exam like anyway?"
This episode of Stuff You Should Know (iHeartPodcasts) explains what the bar exam is, how it developed in the U.S., how the modern test is structured, common costs and logistics, who it helps—or excludes—and current criticisms and reforms. The hosts mix history, practical detail, stats and anecdotes (some lighthearted) to give non‑lawyers a thorough sense of what taking the bar entails.
Episode structure & tone
- Conversational, historical-first approach: origin stories (colonial apprenticeship → written exams).
- Practical breakdown of modern formats, timing, cost, and passing rules.
- Critical discussion of racial and socioeconomic gatekeeping, predictive validity, and public failures (COVID-era remote testing, California rollout).
- Closing with alternatives/reforms (apprenticeship, diploma privilege, "next‑gen" bar) and listener mail.
Key facts — how the bar works today
- Jurisdictions: 56 U.S. jurisdictions (50 states + territories) each set licensing rules; many use the Uniform Bar Exam (UBE).
- Typical prerequisites: graduation from an ABA‑accredited law school is required by most jurisdictions; a few allow apprenticeship as an alternative (e.g., Washington, Virginia, Vermont, California has limited options).
- Timing: most administrations are in February and July.
- Cost: registration fees vary widely (a few hundred to >$1,000). Additional costs include travel, lodging, and prep courses (BarBri dominates ~60% market share; fees range roughly $1,800–$6,000 for large packages).
- Test components (UBE structure):
- Multistate Bar Examination (MBE): multiple‑choice, roughly 175–200 questions; seven subject areas (Contracts, Torts, Constitutional, Criminal Law & Procedure, Evidence, Real Property, Civil Procedure). MBE = ~50% of total UBE score.
- Multistate Essay Examination (MEE): essays = ~30% of score.
- Multistate Performance Test (MPT): practical tasks (memos, briefs) = ~20% of score.
- Scoring: 400‑point scale; passing cutoffs vary by jurisdiction (commonly ~260–270).
- MPRE: separate Multistate Professional Responsibility Exam (ethics), scored separately and required by most jurisdictions.
- Time on test: UBE spans multiple sessions across two/three days; total exam time often ~12 hours.
- Score portability: UBE scores are transferable, typically for 2–5 years depending on jurisdiction.
History & evolution (high level)
- Colonial era: law practice via apprenticeship; oral exams before judges.
- Mid‑1800s: first written exams (Massachusetts), law schools become alternative path.
- 20th century: increased standardization, creation of the National Conference of Bar Examiners (NCBE).
- 1972: standardized multiple‑choice (MBE) introduced.
- 1988–1997: essays and performance tests added back in.
- 2011 onward: many jurisdictions adopted the UBE to standardize and ease transfers.
- Recent: NCBE working on "Next‑Gen" bar (shorter, more essay/practical emphasis, remote capability).
Major criticisms & controversies
- Gatekeeping and racial inequity:
- Historical exclusion: early 20th‑century practices and barriers limited Black applicants; the National Bar Association (1925) formed in part as a response.
- Contemporary disparities: ABA data show significant first‑time pass rate gaps by race (white graduates notably higher than Black, Hispanic, Native American counterparts).
- Contributing factors include longstanding educational inequities, the cost of prep, and needing to work during bar prep (Black and Hispanic takers more likely to work during prep).
- Predictive validity:
- Studies show the bar is only weakly predictive of later "career success" or on‑the‑job effectiveness. Nevada 2024 study reported very low correlations (single‑digit percentages) between bar performance and supervisor ratings.
- A small 2021 experiment (Oklahoma) had experienced lawyers retake the bar with no prep; none passed (scores spanned ~26–52%), raising questions about what the bar actually measures.
- Logistical and administrative failures:
- COVID remote testing: technical crashes, facial‑recognition issues (disproportionately affecting darker‑skinned test takers), and strict proctoring that caused extreme stress.
- California rollout: a failed attempt to replace the UBE with a state exam; reports of software crashes, unsaved essays, and some questions apparently generated by AI (ChatGPT), causing lawsuits and major public fallout.
- Medical emergencies: documented incidents where test‑takers had serious health events (e.g., cardiac arrest) and other examinees were required to continue under stressful circumstances.
- Conceptual critique:
- The bar tests memorized, closed‑book knowledge (often first‑year law curriculum). Much legal practice is research‑based and open‑book; critics say the exam measures test‑taking and memory skills more than practical competence.
- Accreditation pressure: ABA requires law schools to meet bar pass thresholds (commonly 75% pass within two years) or risk accreditation — creating incentives and concerns about “diploma mills.”
Alternatives, reforms & trends
- Apprenticeship/diploma privilege:
- Wisconsin: historically allowed direct admission from specific law schools without the bar ("diploma privilege").
- Some states allow or are expanding supervised apprenticeship pathways as alternatives to law school or the bar exam (Oregon, Washington, Vermont, Virginia, Maine/New York partial credit for apprenticeship).
- Next‑Gen bar (NCBE initiative): started reforming exam design since ~2018 — aims for shorter format, more practical/essay emphasis, remote readiness, and trimming some tested subjects.
- Calls for broader changes: reduce reliance on one high‑stakes standardized test, increase practical training, and remove economic/structural barriers that limit diversity in the profession.
Practical takeaways for prospective test‑takers
- Check your jurisdiction’s rules early: UBE adoption, MPRE timing, portability, eligibility and any alternative apprenticeship/diploma paths.
- Budget beyond registration: prep course fees, time off work, travel/lodging, accommodations; expect thousands of dollars in total.
- Prep options: commercial courses (BarBri is dominant), smaller tutors, or supervised apprenticeship if available in your state.
- Logistics & health planning: testing sites are tightly controlled; expect long days and minimal opportunity to move. Plan for breaks, sleep, nutrition, and mental health support.
- If you fail: many people pass on subsequent attempts—research limits in your jurisdiction on repeat attempts and consider alternate legal careers that use a law degree (teaching, compliance, policy, consulting).
Notable stats & anecdotes (from episode)
- Number of jurisdictions: 56 in the U.S. (states + territories).
- MBE: commonly 175–200 multiple‑choice questions.
- UBE weighting: MBE ~50%, essays 30%, MPT 20%; scored on a 400‑point scale; common passing score ~260–270.
- Pass rates (examples): July 2025 first‑time pass rate ranged roughly from ~66% (CT) to ~90% (UT); overall pass rates can vary substantially by jurisdiction.
- Youngest person to pass (notable): Sophia Park (2024) passed at age 17 years, 8 months after beginning law school exceptionally young.
- Bar prep market: BarBri holds ~60% share; large prep packages can cost several thousand dollars.
- High‑profile failures and controversies: COVID remote exam failures; California’s botched state exam and ChatGPT‑generated questions.
Final perspective from the episode
- The bar exists as both a public‑protection measure and a gatekeeper. It has evolved a lot—yet many critiques remain valid: cost, diversity impact, questionable link to real‑world competence, and administration problems. Reforms (apprenticeships, diploma privilege, Next‑Gen exam) are gaining traction and could shift how the profession certifies new lawyers in coming years.
If you want a concise list of steps to take if you’re planning to sit the bar (what to do in the next 12–18 months), I can provide a short checklist.