Changes to the bar exam are just asking for a lawsuit

Above the Law reports that, in 2015, the Bar Exam is going to see a few changes. That’s all very interesting — but the blog pitches its article to the wrong audience:

2Ls, you might want to pay attention to this one. You’re going to want to really pass the July 2014 Bar Exam, because by February 2015 the exam is going to be new.

Really new. In the biggest change to the bar exam in decades, the February 2015 exam will have a new section: Civil Procedure.

2Ls? How about 1Ls? It’s nice that the National Conference of Bar Examiners was willing to grandfather in students scheduled to graduate law school next year, but 1Ls — who will graduate in two years — have substantial reliance interests as well.


Just like 2Ls, 1Ls have also already taken Civil Procedure, and just like 2Ls, we didn’t actually learn anything about Civil Procedure. The NCBE is changing the rules of the game — moving the goalposts — tolling the statute of limitations, if you will.


You’re right, this has nothing to do with the statute of limitations, but that’s sort of my point: it’s one thing to change rules prospectively, but it’s quite another to change rules prospectively retroactively. We took Civil Procedure with no expectation we would have to know it for a test. We are entitled to not know it for a test.


I may not have learned a lot of procedure, but if I learned anything, it’s that it’s pretty much always a good idea to sue. So I thought about filing a class action against the NCBE on behalf of all 1Ls.

Just one problem: I don’t really know enough procedure.


3 thoughts on “Changes to the bar exam are just asking for a lawsuit”

    1. I literally have not been able to sleep since I heard this news.

      (I don’t know if you’ve noticed the motto of this blog [I think it only shows up on the front page]: “I mean everything I say.”)


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