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NCBE Messed Up, Bro, California Kicked Them Out Of The Bar – Above the Law

The
California
Bar
had
a
problem.
Administering
the
bar
exam
costs
money
and
the
licensing
process
found
itself
in
the
red.
Working
with
the
National
Conference
of
Bar
Examiners

a
non-profit
with

$151
MILLION
in
net
assets


had
the
California
outfit
running
a
roughly
$4
million
deficit.
Between
the
direct
expense
of
working
with
the
NCBE
and
the
administrative
costs
involved
in
booking

dangerously
frigid
conference
venues

because
the
NCBE
requires
the
exam
be
taken
in
person,
officials
proposed
ditching
the
bar
exam
monopoly
and

having
bar
prep
provider
Kaplan
produce
a
new
test
.

After
some

initial
hesitation
,
California
will

make
the
switch

opening
the
door
to
a
new
challenger
in
the
bar
exam
game.

Kaplan
will
produce
a
multiple
choice
test
for
the
February
2025
exam,
with
an
essay
and
performance
questions
arriving
in
2026.
This
is
a
tight
turnaround

driven
by
the
dire
financial
situation

but
the
alternative
is
the
NCBE’s
NextGen
Bar
Exam,
which
legal
educators
recently
called
out
for

having
a
disastrously
rushed
and
murky
rollout
.
So
there’s
a
lot
of
risk
for
applicants
either
way.

It’s
unclear
which
of
the
logistical
proposals
under
consideration
made
it
to
the
final
cut

one
included
a
hybrid
remotely
proctored
option
and
another
involved
using
Kaplan
prep
facilities
in
lieu
of
having
to
book
giant
venues
(with
the
added
advantage
of
saving
applicants
the
expense
of
traveling
across
the
giant
state
for
the
test).
Either
way,
Cal
saved
money.

From
the
ABA
Journal:

Public
discussions
for
California’s
plan
for
Kaplan
to
create
an
exam started
in
May
 but
were
put
on
hold
after
the
NCBE
wrote
Kaplan,
reminding
the
test
prep
company
that
creating
questions
based
on
NCBE-produced
tests
could
violate
their
licensing
agreement.

After
negotiating
with
Kaplan,
“we
believe
that
the
copyright
concerns
have
been
addressed,”
Bridget
Gramme,
special
counsel
at
the
State
Bar
of
California,
said
at
the
Thursday
board
of
trustees
meeting.

Since
Kaplan
wasn’t
about
to
lift
exam
questions
verbatim,
the
NCBE
was
apparently
trying
to
assert
intellectual
property
rights
around
the
whole
idea
of
asking
legal
questions.
Bold.
And,
unsurprisingly,
something
they’ve
now
dropped.

California
is
a
big
domino
to
fall
in
the
bar
exam
game.
The
ABA
Journal
reports
that
Nevada
is
already
“Kaplan
curious.”
If
this
gathers
momentum,
it’s
hard
to
imagine
rival
prep
companies
stay
out
of
the
action.

No
matter
how
the
next
few
years
play
out,
it’s
an
uncertain
moment
for
law
students.


New
Paths
for
Licensure:
California
confirms
Kaplan
bar
exam,
Arizona
launches
second
chance
program

[ABA
Journal]


Earlier
:

The
California
Bar
Is
Flat
Broke
And
Its
Plan
To
Fix
This
Involves
Throwing
Out
The
Existing
Bar
Exam


California
Bar
Risks
Going
Bankrupt
Rather
Than
Change
Its
Exam


Bar
Exam
Rollout
Dumpster
Fire
Should
Terrify
Law
Students




HeadshotJoe
Patrice
 is
a
senior
editor
at
Above
the
Law
and
co-host
of

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A
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.
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or
comments.
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