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Bar Exam

ABA OKs Bar Exam Courses for Graduation

Posted Aug 11, 2008 2:03 PM CST
By Edward A. Adams

The ABA’s policy-making House of Delegates this afternoon concurred in Resolution 112B (PDF) of the Section of Legal Education and Admissions to the Bar that law schools may now require students to take and pass bar exam prep courses given by the schools prior to graduation.

House rules require it to either concur or not concur in decisions of the Legal Education Section; it may not amend those decisions.

Under old section rules, schools could not require successful completion of such a course for graduation.

Proponents said the new rule will assist schools in improving the bar pass rates of their students. The measure passed on an overwhelming voice vote; no one spoke in opposition.

Annual Meeting 2008:

Read more news from the ABA Annual Meeting.

See candid photographs of attendees on Flickr.

Comments

1.

Ryan Jolley
Aug 11, 2008 3:26 PM CST

Great, more money for barbri and pmbr!

2.

Chris
Aug 11, 2008 10:19 PM CST

Ya really.  $3000 to watch a video.  what a scam.

3.

Jennifer
Aug 12, 2008 3:42 AM CST

Considering my six digit debt accrued in obtaining my j.d., why isn’t my law school responsible for preparing me to pass the bar?

4.

Recent grad
Aug 12, 2008 8:32 AM CST

Way way overdue.  I should not have had to pay an additional $3,000 for bar prep.  That should have been a function of my legal training at my school.

5.

associate
Aug 12, 2008 8:50 AM CST

I was amazed when I found out what all I was not taught in my 100k of school.

I still feel that the 3k I gave to BarBri was worth far more than the 100k I gave to my law school.  The value proposition is not even in the same league.


And I’m still amazed that we’re even debating whether school should prepare you for the Bar exam and for practice.  In what other profession do people spend 100k in 3 years of school and expect to NOT be prepared for your exams and practice?

6.

Doug
Aug 12, 2008 1:56 PM CST

My top 10 school taught me “legal theory” and “how to think like a lawyer” but not how to pass the NY Bar Exam.  At least now Kaplan offers a seemingly innovative full service alternative to Barbri’s tired old bar prep materials and approach. 

I wish Kaplan offered this Complete Bar Review course for NY and NJ when I graduated in 1998 so that Barbri would have been forced to evolve and update their materials and teaching style.  None of it seems to have changed in 10 years.

7.

silencedogood
Aug 15, 2008 6:35 AM CST

Completely agree with #5.  Had I known then what I do now I would have taken the bar exam prep course before law school to account for Professors who can’t or won’t teach and likely have been able to put my feet up for three years or spent my entire 3rd year clerking.  LS was more or less a waste of time IMO.  Pieper people pass!

8.

Andrew
Aug 15, 2008 8:02 AM CST

This is long overdue.  I was lucky enough that my law school offered a comprehensive bar passage program, including a for-credit course (which could not count towards graduation requirements).  While I also did Bar/Bri, I definitely learned more from my school’s program than Bar/Bri, especially the important skills, like how to write an essay on an obscure legal topic in 30 minutes.

Law schools not offering such classes, or now not requiring such classes, are not doing their students any favors.

9.

J
Aug 15, 2008 8:41 AM CST

I thought my professors did a fantastic job preparing me for the bar (in the classes that I took that were on the bar).  I’d reccomend buying used bar books online and self studying.  I worked full time, studied at night (on my own) and felt better prepared for the bar in my state than most of my classmates.  Check ebay, there’s always someone selling used bar materials.  Way cheaper and more efficient than Barbri or the like.

10.

Dan
Aug 15, 2008 10:12 AM CST

I have to laugh at #6 and several of the others, because my “2nd tier” (if you believe the bogus USN≀) law school did a very good job of preparing me for the NY bar exam, including offering bar prep classes during school.  Not required, but electives.

P.S. The school (still) costs less than $15K per year total… LOL

11.

Nicole
Aug 15, 2008 10:27 AM CST

I’m laughing along with #10.  I attended New England School of Law, a “bottom tier” law school.  They also did a great job of offering two semesters of FREE bar prep courses for their 3Ls. I also took Bar-Bri, but didn’t use its study method.  That being said,  I took two bar exams at the same time in ‘06 and passed with very high scores.

This legislation is a good idea.

12.

Bill
Aug 15, 2008 10:30 AM CST

I don’t understand all of the support for this. At all. Schools can now REQUIRE that students pass this course in order to graduate. The article even says that this is to increase the schools’ bar pass rates.

The way I see it, the only reason this is being done is so that toilet law schools can refuse to graduate students after taking $100k and three years of their lives, just so that the school’s bar passage rate increases (rather than increasing the rate by actually teaching effectively). Law schools already lie tremendously about their job placement rates, with the tacit approval of the ABA, and now they can artificially inflate their bar passage rate by preventing students from graduating and being elligible to take the bar exam if they are not likely to pass. This is nothing more than the artificial inflation of bar passage rates, at the expense of law students. Why are you all supportive of this? How would you feel if you were told at the conclusion of your final semester of law school that you didn’t graduate because you failed your school’s baby bar exam?

13.

June
Aug 15, 2008 10:56 AM CST

This is a result of most law schools’ steady weakening of the required curriculum and grade inflation over the last twenty years.  At most schools, particularly those in the “top tiers,” a person once admitted is virtually guaranteed a J.D. regardless of whether he has mastered any of the fundamentals of legal knowledge and analysis.  Having given this student the ticket to take the Bar Exam, the school is then embarrassed by the result.  This move will permit the law schools to continue requiring insufficient hours in the core curriculum, handing out all A’s and B’s, and permitting the professors to teach the students instead how to run the country.  The schools may now rely upon the bar-course-successful- completion requirement to withhold the J.D. until the student has learned the minimum required to pass the exam.  Clever, these law profs.

14.

Steve
Aug 15, 2008 11:14 AM CST

I could have passed the bar exam after a year of law school, which required zero undergrad to prepare for. So how about removing the undergrad prerequisite for law school? Could anything make less sense than requiring Poly Sci/Communications/English majors to slog through 4 useless undergrad years before law school? Next year’s resolution no doubt.

15.

Trenton
Aug 15, 2008 12:29 PM CST

As a member of the law student assembly, I was present for the law student debate over this resolution.  This resolution gives lower-tiered law schools the ability to withhold a JD after students spend well-over $100K.  This makes no sense in light of the fact that a mere JD is insufficient to practice law; we still have to pass the bar!  Further, in this day and age, the number of students who do not want to practice law and/or want to practice law in a different state than the one in which the bar prep course is required is increasing dramatically.  If students invest thousands of dollars for a degree, that degree should be awarded, and law schools should not be able to withhold such a degree to, as #12 pointed out, artificially inflate bar passage rates.  Of course, the Section of Legal Education justifies this resolution as necessary for law schools to maintain their ABA accreditation by preventing bar passage rates from falling below required levels.  However, when asked what exactly the bar passage rate requirement is, the answer is that it’s “floating.” The other justification is that law schools should be allowed to control their curricula.  That, of course, makes no sense considering the ABA already controls a significant portion of class requirements—especially during the first year.  This resolution is bogus.  I’m sure barbri and pmbr are thrilled by the profit forecast. By the way, the law student assembly VOTED DOWN this resolution.  It’s curious to read that there was no opposition on the floor of the ABA delegate assembly, given that the Law Student Division delegates are supposed to advocate on our behalf.

16.

William
Aug 15, 2008 12:31 PM CST

My 2nd Tier law school (UNLV Boyd Law) provides a bar prep course available after-hours and on week-ends, in cooperation with BarBri.  Some of the materials are provided by BarBri and a lot of the materials are provided by our student success program.  The non-credit course is taught partially by a faculty member and the rest of the time by a full-time staff member whose job is dedicated to providing programs and assistance to ensure students pass the Bar in Nevada.  Of course, there are not enough materials to prepare you for the whole Bar exam so everyone still does a bar prep course (BarBri, MicroMash, etc) or two (including PMBR).  Pass rate for students attending that program are higher for students that don’t attend the program but still go to a bar prep course.  Probably more indicative of the dedication of the student who would go to such a course.

17.

tory
Aug 15, 2008 2:27 PM CST

Does it necessarily follow that everyone who pursues a JD degree intends to sit a bar exam?

18.

Anonymous
Aug 15, 2008 5:21 PM CST

My law school in CT has a teacher who teaches a well known bar review course.  This course was designed to help people who’d failed the bar multiple times & is know for increasing one’s chances of passing on the first try.  This professor is also the go-to guy if you want to do well on the bar exam.  If you go to the school (Quinnipiac), it’s free but costs $ if you don’t.  I took this class + BarBri & passed the NY & CT bar exams on the first try.  I’m just mentioning this for any law students/recent graduates/JDs in CT.

19.

Prof. P. J. GAMMARANO
Aug 15, 2008 7:37 PM CST

An additional requirement of Law students seems almost unethical to impose where additional money is now required of these students already pressured by tuition-related debts.
      If Law schools were to provide such a review course & competency exam as a part of the student fees already paid (without additional cost, with the ever-rising tuition factor) and allowed students to take the exam even well before graduation, that would arguaby be the only condition which would justify its implementation. 
      There is a place for competency exams, such as at the community college level to assure basic skills, but after a Law school regimen of courses, a student still needs to face the expense of
      Hopefully “may” (and not “must”!) is the operative word in this ABA Resolution 112B, i.e., “...law schools ‘may’ now require students…” because when a student makes a decision to apply and /or attend a Law school, any such requirement, with concomitant costs, should be clearly stated up front to the student.
Anything else would be underhanded admissions recruitment.

20.

Business School to Law School
Aug 16, 2008 9:04 AM CST

I attended Business School prior to law school, and I thought when I became a big-shot law student, the schools and system would be fair, books would be priced accordingly, and tuition breaks would be widely available.


I have never been this exploited in my LIFE, let alone as a student.
(1)  Cost of tuition is inflation
(2)  Classroom learning involves little actual “teaching” and mostly “questioning”
(3)  Casebook monopoly with inflated prices
(4)  Processing Fees for student loans at inflated interest rates
(5)  Little to no actual preparation to sit for the bar exam (this shocks me, believe it or not, more than anything else because it really makes law school like a waste of time and a weed-out process, which it is of course)
(6)  Many more or other

I enjoy some aspects to Law School, and I am very grateful to be there and I know it will open opportunities for me to serve my community.  Nevertheless, financially, I feel like I am being taken advantage of.

21.

Joe Reisinger
Aug 16, 2008 10:28 PM CST

Poster #18 has the right idea.  When this dyslexic “C” student passed the bar the first time around, my peers were so impressed they knew I must have acquired the “magic touch”.  As I couldn’t a get a god job at a reasonable salary after passing the bar (not with my grades), I designed and taught a course to 20 bar applicants who had previously failed the one or more times (I wanted them to have their own outlines).  I charged about 8 times what the going rate was for a bar review course, but only if they passed.  Theory being, that if they passed the bar, they could easily make up that $$$ by the “earlier-than-otherwise” admission to practice.  If they didn’t pass, then my coaching wasn’t worth anything in the first place.  Much to my pleasure, they all passed the next time around, and I ended up making far more than I’d have made on some salary.  It seems to me that law schools ought to operate on the same basis.  If a graduate doesn’t pass, then the law school should pay for any remedial bar review courses, as the school certainly didn’t do its job.  Yet, I realize that “accountability” is not a valued commodity in the legal business as a whole.  - - -

As an insurance defense lawyer for the last 30-something years, its been my job to avoid accountability by the derelicts who cause harm and injury, so I guess I should complain.  If it wasn’t for that, I’ve had to get a real job and do some real work.

Joe Reisinger,
San Rafael, CA

22.

HLDK
Aug 19, 2008 12:07 PM CST

The way I read this, it does not explicitly approve of private bar-prep classes such as BAR/BRI, but merely allow such classes to be taken for credit.  That said, this is more outsourcing of our education; why do we need private companies to do the job of the law school:  to prepare students for the bar exam, which is a requirement for practice.  Students are merely scared into BAR/BRI . . . I took the Cali bar without it and did just fine.

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