The change reflects the nationalization of the legal profession.
October 12, 2009
It could mark one of the biggest changes for lawyers joining the
profession since the first U.S. bar exam was given in Delaware in 1763
— a single bar exam aimed at standardizing attorney credentials
nationwide.
Next year, at least 10 states are expected to switch to the so-called Uniform Bar Exam, and 22 other jurisdictions are positioned to adopt the test in the next few years. The test, developed by the National Conference of Bar Examiners (NCBE), will allow law school graduates to transport their bar scores across state lines without re-taking exams. And backers say a uniform exam will improve the quality of bar exams, particularly in states with small test-development budgets.
The test still has big hurdles to overcome. Several of the biggest legal markets have yet to sign on: New York, California, the District of Columbia, Florida, Illinois and Texas so far have taken a pass. Some worry the test will give short shrift to important state law concepts. Others have scheduling problems and scoring concerns. And the test puts a great deal of power in the hands of the NCBE, which gives some state-level bar officials pause.
Even so, the fact that several states have accepted one test may mean a major shift for the profession. Individual states have doggedly clung to their autonomy in testing lawyers, and this would mean giving up that power. "Roughly 10" states have indicated that they will give the uniform test by 2011, said Erica Moeser, president of the NCBE, though she wouldn't provide specifics on which states will actually sign on. However, officials in Colorado, Minnesota and Missouri have said they are considering the test. Next month, representatives from the states that will be among the first adopting the test will gather in Phoenix to discuss late-stage details of implementing the exam.
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