The NextGen Bar Exam is the new US bar exam set to debut in 2026, representing a shift from the traditional bar exam by emphasising skills-based knowledge over content memorisation. The purpose of the new bar exam remains the same, which is to ensure that law school graduates are competent and ethical professionals capable of serving the public. The NextGen Bar Exam is currently being developed by the National Conference of Bar Examiners (NCBE) in response to ongoing debates about the effectiveness of the current exam, which heavily relies on memorisation.
Exam structure: The legal concepts and principles tested in the NextGen Bar Exam will largely remain the same as the current exam. However, the exam structure will differ significantly. Instead of discrete sections with multiple-choice, essay, and performance test questions, the NextGen Bar Exam will present scenarios that require candidates to apply their legal knowledge and skills to different situations. Questions will be tied to these scenarios and may include multiple-choice, short-answer, and essay formats.
Emphasis on skills-based assessment: The NextGen Bar Exam is designed to focus more on testing the practical skills and abilities required for competent legal practice rather than relying heavily on content memorisation. This shift aims to assess candidates' readiness to handle real-world legal challenges they might encounter in their professional careers.
Content similarity: While the emphasis is on skills-based assessment, the fundamental legal concepts and principles tested in the current bar exam are expected to remain largely the same. Topics like civil procedure, contract law, evidence, torts, business associations, constitutional law, criminal law, and real property will likely continue to be included in the NextGen Bar Exam.
Computer-based format: The NextGen Bar Exam is expected to be administered entirely in a computer-based format, eliminating the need for paper question booklets. This change is likely to align with the evolving technology and streamline the examination process.
Shorter duration: The NextGen Bar Exam is envisioned to be shorter in duration compared to the current exam, which typically spans 12 hours over two days. A shorter test may alleviate some of the stress associated with the lengthy examination process.
Compensatory scoring model: The NextGen Bar Exam will use a compensatory scoring model, which means that the exam will holistically assess the examinee's competency by allowing areas of strength to compensate for areas of weakness. This approach aims to provide a more comprehensive evaluation of a candidate's overall legal knowledge and skills.
Biannual administration: The NextGen Bar Exam will be administered twice a year in February and July. This biannual administration is intended to offer candidates more flexibility in choosing when to take the exam and potentially expedite the licensure process.
Proctored at jurisdiction-managed facilities or approved testing centres: The exam will be proctored at either jurisdiction-managed facilities or approved testing centres. This ensures that the exam environment maintains the necessary standards of fairness, security, and supervision during the assessment.
Scaled scoring: Despite using the compensatory scoring model, the NextGen Bar Exam will still incorporate scaled scoring to account for variations in the difficulty level of different exam versions. For instance, if exam version A administered in the winter is considered more challenging than exam version B administered in the summer, the results of exam version B will be adjusted to ensure fairness in the evaluation process.
Adoption and rollout: The decision to adopt the NextGen Bar Exam will rest with the Supreme Court or highest court in each jurisdiction. The NCBE planned to conduct pilot testing and make necessary adjustments before potentially administering the exam as early as July 2026. During the temporary transition period of up to 3-4 years, both the current and NextGen exams will be available, where states can choose to administer the NextGen or current bar exam. However, the NextGen Bar Exam will eventually become the Uniform Bar Exam.
Impact on law school curricula: The changes introduced by the NextGen Bar Exam are expected to free up time for law schools to focus on skills-based courses rather than solely focusing on doctrine and content for the exam. This may lead to some adjustments in curricula to align with the new exam, but full-scale changes may not be necessary.
As the NextGen Bar Exam is set to roll out in 2026, there may be further refinements or updates to the scoring and administration details. Law school students and prospective candidates should refer to official announcements and updates from the National Conference of Bar Examiners and relevant legal authorities in their jurisdiction for the most accurate and up-to-date information on the NextGen Bar Exam.
