Bar Exam Brouhaha

September 7, 2015

We cannot resist sharing this article with you, though it is only tangentially related to search; perhaps it has implications for the field of eDiscovery. Bloomberg Business asks and answers: “Are Lawyers Getting Dumber? Yes, Says the Woman who Runs the Bar Exam.”

Apparently, scores from the 2014 bar exam dropped significantly across the country compared to those of the previous year. Officials at the National Conference of Bar Examiners (NCBE), which administers the test, insist they carefully checked their procedures and found no problems on their end. They insist the fault lies squarely with that year’s crop of law school graduates, not with testing methods. Erica Moeser, head of the NCBE, penned a letter to law school officials informing them of the poor results, and advising they take steps to improve their students’ outcomes. To put it mildly, this did not go well with college administrators, who point out Moeser herself never passed the bar because she practices in Wisconsin, the only state in which the exam is not required to practice law.

So, who is right? Writer Natalie Kitroeff points out this salient information:

“Whether or not the profession is in crisis—a perennial lament—there’s no question that American legal education is in the midst of an unprecedented slump. In 2015 fewer people applied to law school than at any point in the last 30 years. Law schools are seeing enrollments plummet and have tried to keep their campuses alive by admitting students with worse credentials. That may force some law firms and consumers to rely on lawyers of a lower caliber, industry watchers say, but the fight will ultimately be most painful for the middling students, who are promised a shot at a legal career but in reality face long odds of becoming lawyers.”

The 2015 bar exam results could provide some clarification, but those won’t start coming out until sometime in September. See the article for much more information on Moeser, the NCBE, the bar exam itself, and the state of legal education today. Makers of eDiscovery software may want to beef up their idiot-proofing measures as much as possible, just to be safe.

Cynthia Murrell, September 7, 2015

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