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1. Posted by msd - 6 months, 18 hours, 22 minutes ago

   It’s my understanding that NC has had this policy in place for years, if your computer, or the software malfunctions and your exam is gone . . . they’ll see you in 6 months.  A very good argument for handwritting if you ask me.

2. Posted by jas - 6 months, 18 hours ago

   California has a similar waiver for using ExamSoft.  If for any reason the software does not load, crashes, does not save, etc., the State Bar is not responsible and you are handed pen and paper.

3. Posted by Linda Lomax - 6 months, 17 hours, 36 minutes ago

   I don’t understand the issue.  If you use the software and it fails, then you don’t have an exam to submit, and if you can’t submit your exam, you can’t pass the exam and become a lawyer.  How can these non-lawyers sue?

4. Posted by JG - 6 months, 16 hours, 45 minutes ago

   Oregon has a similar waiver - I think it is a standard ExamSoft thing.  If our computer failed/crashed at any point we agreed to start handwriting at that point. 

   After each session they walked us through backing up, etc.  Examsoft backs up answers to a couple of differentl places on your computer and their techs were quite good at retrieving them.  I believe even those in Oregon who had trouble part-way through the exam were able to retrieve everything,.

5. Posted by Sarah Steele - 6 months, 16 hours, 32 minutes ago

   At my law school, that is the policy:  if at any point in time your computer, the software, or anything else crashes, you are to pick up a blue book and pen and start writing.  The software backs up your answer every five seconds, so you don’t lost anything up to that point.  I suppose they are prepping us for the Bar Exam where we will be taking it under similar conditions.

6. Posted by Jade - 6 months, 16 hours, 12 minutes ago

   We had to do that on finals in law school… Mine malfunctioned once, so I just hand wrote it. Type at your own risk… Seems like a no-brainer.

7. Posted by ae - 6 months, 15 hours, 4 minutes ago

   Linda, probably the same way most other non-lawyers sue… by getting a lawyer?

8. Posted by David - 6 months, 14 hours, 31 minutes ago

   Last time I checked it is completely legal to represent yourself in court...Pro Se???

9. Posted by Ronnie - 6 months, 14 hours, 6 minutes ago

   Why would NY have allowed people to take exams on a computer without requiring a waiver?  That just screams for liability to me.  VA used Exam4, which was just so much better and more stable than ExamSoft (which I used in law school), but we were certainly advised that if the computer malfunctioned, it was on to pen and paper for us.  This is also why they advised that we bring a backup computer.  I only know one person who did, and by golly, her computer crashed as soon as the morning exams ended!  But since it saved every 5 seconds, she was able to retrieve those portions and had the second computer in the hotel room for the afternoon session.  Talk about luck!

10. Posted by Kelly - 6 months, 13 hours, 47 minutes ago

    Washington state has the same waiver for ExamSoft users.  I don’t understand why anyone would want to take such a huge risk with the bar exam.  My law school allowed students to use ExamSoft for exams during my final year.  One girl lost her entire Constitutional Law exam about 2 hours into a 3 hour test.  It just doesn’t seem worth the risk to me.  I say take aspirin ahead of time to prevent cramping and then write fast!

11. Posted by Don - 6 months, 10 hours, 23 minutes ago

    California used to allow electric typewriters and portable word processors. It was a nice alternative. You could still type without being dependent on the exam software, and the more sophisticated word processors functioned much like a laptop PC, and had a built-in printer so you had your hardcopy at the end of each session. Nice and simple, reliable and convenient. So naturally, they did away with this option a few years ago. I can’t believe there are still so many horror stories about the use of exam software. Just one more thing to worry about when taking the bar exam.

12. Posted by Jennifer - 6 months, 9 hours, 30 minutes ago

    I took the Minnesota, am taking the Florida and know many people who took the Iowa.  All three state that if the computer dies, you get to furiously try to reconstruct your essays with pencil and paper within the time alloted.  It’s not as harsh (although admittedly might have the same result) as an automatic fail.  At least if it happens early into an essay, you still have a shot of passing.  I wonder why some of these hard core jurisdictions don’t give the emergency pencil and paper route.

13. Posted by Roberta Catheter - 5 months, 4 weeks, 2 days, 2 hours, 21 minutes ago

    People took the bar exam but did not pass because the exams were lost. This was before the days the days of electronic exams.  It just goes to show that there will always be F****ups (or snafus in proper parlance).

14. Posted by ccbl - 5 months, 4 weeks, 1 day, 4 hours, 10 minutes ago

    Call me a cynic but this sounds like another great way for New York to make money.  Oops!  Computer Glitch!  That will be another bunch of $$$ to the Board of Law Examiners for the next set of exams.

15. Posted by donna - 5 months, 4 weeks, 10 hours, 32 minutes ago

    I’m not a lawyer but the last time I checked, a computer malfunction and a software malfunction are two very different things. The problem in NY was a software mallfunction that could not be fixed by the unfortunate exam takers. In addition, those in charge were completely unprepared to handle it. I vote for good old paper and pencil.