California state bar sues vendor after troubled exam
Now facing an audit itself, the State Bar of California is suing ProctorU, the vendor that administered the ill-fated February launch of the state’s remote and hybrid exam, alleging the company failed to deliver on its claims that it was capable of handling the needs of bar examinees.
The suit claiming fraud, false promises, negligent misrepresentation and breach of contract was filed Monday in the Los Angeles Superior Court. Hueston Hennigan represents the state bar.
According to the lawsuit, Meazure Learning claimed its systems could simultaneously handle up to 25,000 test-takers, and that the average response time to address problems would be about a minute.
On Tuesday, the California Senate Judiciary Committee voted to conduct an audit to explore the issues with the administration and rollout of the new exam.
“Lessons have been learned, and structural changes have been made within the organization to ensure there is leadership-level review of admissions functions,” Brandon Stallings, the chair of the Committee of Bar Examiners, told the judiciary committee, adding that the state bar is pursing litigation against Meazure.
For the February 2025 exam, 3,886 examinees completed the bar exam, and test-takers across the state reported a host of technical issues as well as troubles with proctors and ineffective tech help.
“We have the legal right to ensure that vendors deliver on their promises, all the more so given the significant disruptions Meazure Learning caused resulting in unacceptable experiences for our applicants,” said Stallings in a news release.
The company’s initial quote to administer the February 2025 bar exam was about $1.7 million, according to the state bar. However, with projections for increased attendance and the addition of projected costs for providing testing accommodations, the amount increased.
“We recognize the importance of a smooth exam experience, and we regret that some test-takers had issues during the February 2025 California bar exam,” a Meazure Learning spokeswoman wrote to the ABA Journal. “This lawsuit is an attempt by the state bar to shift the blame for its flawed development process for the February exam. We will defend ourselves vigorously in court.”
The company’s website states its mission is to “deliver, proctor and analyze higher-education and credentialing exams, providing end-to-end solutions with concierge-level service,” according to its website.
The cash-strapped state bar made the move to write a new exam with Kaplan and administer it via Meazure in an effort to save money.
Meazure already faces two proposed federal class action suits, both pending in the Northern District of California and each initiated by February examinees.
See also:
California Supreme Court orders return to Multistate Bar Examination, lowers bar pass score
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