User Rating: 5 / 5

MOST RECENT STATE BAR UPDATE RE THE CA BAR EXAM

On October 10, the California Supreme Court directed the State Bar regarding the following changes – summarized, below – to the CA BAR EXAM.  Should you need further clarification, please consult official channels.  In essence, the Bar will become a “CA Specific Test.”

• (These) changes would not occur for at least two years; ‘effectively, after 2026.

• Subject matter eliminated from the General Bar includes Corporations, Agency & Partnership.  Also, except as a possible cross-over subject, Remedies.

• Additional subject matter includes Administrative Law & Procedure, Employment/Family Law, Estate Planning & Probate.  Presumably, Family Law may be the currently required Community Property and Estate Planning & Probate may be the currently required Trusts/Wills.

• Other subject matter includes the currently required Criminal Law & Procedure, Evidence, Torts, Contracts, Civil Procedure, Con Law, Real Property.

• ‘7 Skills’ to also be tested.  In essence, these include:

Research & Investigation, Drafting/Writing, Issue-Spotting, Counsel & Advice, Litigation, Consultation & Client Relationships, Negotiation & Dispute Resolution.  It is presently unclear whether these to be tested by an essay or performance test – or other – format.

• The passing cut score to remain at 1,390.  Presumably weighted as presently determined:  50% Writing, 50% Multiple Choice – out of a possible 2,000 points.  Writing:  5 essays, 1 PT. Multiple Choice:  200 questions.  2-day exam; last TU/WED February and July.

• No reciprocity for out/state attorneys; they must take at least the 1-day Written Test.

• The earlier State Bar recommended ‘Portfolio Bar Exam’ is rejected (75% of CA licensed attorneys noted as opposed).

OTHER

• JULY 2024 BAR results due NOV 8

• May be an ‘experimental test’ offered for qualified applicants prior to the FEB BAR of 49 multiple choice questions.  With potential to boost FEB BAR score results.  Check to determine potential eligibility/dates/timing – other details; presumably at State Bar website.

DEVELOPING NEWS

As described from earlier updates regarding both the FYLSX and GENERAL BAR, the above-noted summaries now come from the CA SUPREME COURT – the governing body overseeing the STATE BAR.  As noted at the outset of this update, ‘suggest you additionally check all relevant websites for clarification – should you have questions.  Many changes have come to the CA BAR EXAM over the years – and any currently ambiguous or unresolved questions to presumably be resolved with time.

Whether you are a first-time or repeat applicant – an out/state attorney – a LOSP candidate – attended an ABA, CA-only, or Unaccredited law school – whatever your situation – please reach out should you have questions pertaining to your individual situation.

For at least the next 4 General Bar administrations – through 2026 – the current exam requirements seem here to stay.

As before, optimum test results are best leveraged by being fully prepared – often beginning your individual preparation earlier than your competition – and designed to fit your individual test-taking needs.

Whatever your course of action, all success in putting the exam behind you.

CHANGES TO THE FYLSX/BABY BAR

Earlier this year, the State Bar announced a forthcoming change to California’s FYLSX or Baby Bar.

The exam would exclusively consist of 100 total multiple choice questions - in two sessions of 50 questions each - covering CRIMINAL LAW, TORTS, CONTRACTS.  Further, that 25 of the 100 total questions would be created by the State Bar - versus the traditional source.

The long-standing essay section of the Baby Bar - traditionally consisting of four (4) 60-minute questions - would be discontinued.

TAKEAWAYS

• Having tutored Baby Bar students for over 45 years, ‘changes’ are nothing new to the configuration of this exam - typically required for law students attending unaccredited CA law schools or LOSP candidates - and, in passing - a prerequisite for continuing the balance of their law school curriculum.

In this regard, you may consult my accompanying article re the probable changes coming to California’s General Bar Exam (GBX) in 2025.

Key, however, with these new changes, is to be sure you commence your Baby Bar preparation sooner than later.

This will permit more repetitions through each of the Baby Bar subjects - both substantively and practically - as you identify specific areas of test-taking needs.  Most of my students, for example, may spend up to a year in preparation - but no less than 4 months.  The goal is to enable yourself to consistently achieve 70% passing scores in successive practice sessions - including simulated practice exams - involving all 3 subjects.

• Don’t forget the need to develop your essay writing skills.  While the essay section of the Baby Bar may have been discontinued, it still currently accounts for about 37% of your overall scaled score for the GBX.

Learning both essay issue-recognition and analysis skills - which you will need for the 14 GBX subjects (including the 3 Baby Bar subjects) - should be prioritized as you take each law school course.  There will also be the need to perfect your performance test writing skills - valued at about 13% of the GBX’s Written section - or, for the essay and performance exam - 50% of the total scaled score of the GBX.

In other words, look ahead, in progressively ‘building’ your overall writing skills - rather than waiting to identify and reinforce them closer to graduation.  Failing to do so, in part, accounts for the approximate overall FEB/JULY GBX CA passing rate of about 50%.  Having taught Bar-passing writing skills - as noted - for over 45 years - it can be more challenging to learn the full range of timed, issue-recognition and analysis skills - with less time to prepare. Many of those I work with spend more than the (typical) 3 months that a more generically prepared candidate might spend.

Regardless, all success with whatever course of action you engage to pass the Baby or General Bar. Have faith, work hard, study smart.

User Rating: 5 / 5

FYLSX/BABY BAR UPDATE

I attended the Committee of Bar Examiner’s (CBE) State Bar meeting in Los Angeles AUGUST 16 - where they discussed changes coming to the FYLSX and General Bar Exam (GBX).

Most significantly, the CBE adopted a new - lower - score for those taking the FYLSX: ‘69.’

Commencing with the just-completed June ‘24 test, this means that 69% of those questions deemed to be ‘reliable’ - will lead to a passing score.  For the June test, the CBE noted that 10 questions - out of the 100 given - would not be counted; ‘meaning only the remaining 90 would be scored.  Applying the new passing standard - this equates to getting 62 correct out of 90.  If an applicant gets any correct - from the 10 ‘unreliable’ questions - the CBE’s noted these would not be counted toward the necessary passing standard.

Further, the CBE’s resolved they would revisit this passing standard after 4 years - in order to determine if lowering the passing standard (for June ‘24 applicants) increased or decreased the ‘predictive reliability’ of these Baby Bar test takers passing the GBX by at least the targeted rate of 50%.

GBX/GENERAL BAR UPDATE

One of the final CBE agenda items was dedicated to updating information re the ‘Vendor for February 2025 Exam.’

This information was largely summary - with the following input: That KAPLAN (vendor) would be administering the GBX in time for the February ‘25 administration - and thereafter for a 5-year period.  That the State Bar/Kaplan relationship had been finalized.  That Kaplan would be creating the test questions for the multiple choice and written sections of the GBX - with oversight by the State Bar.  That additional information would be forthcoming - presumably test question examples, etc. - for the benefit of law students, law schools, etc.

TAKEAWAYS

The previously noted takeaways remain - with this latest updated information.  Notably, KAPLAN will not be offering Bar review in California - given its new relationship with the State Bar.  And, that the multiple choice, essay, and performance exam questions will probably reflect the same or similar standards as recent FYLSX or GBX questions.  The course content for both exams is unchanged - though it could be modified in 2 years - with appropriate ‘notice’ to law schools and law students.

Commencing with the FEBRUARY, 2025 General Bar Exam (GBX), the CA State Bar announced on July 19, 2024 - pending finalization - that they will partner with Kaplan Bar Review - through a 5-year contract - to administer the test.

A State Bar meeting on August 16 may reveal additionally detailed information.

In the meantime, further input suggests the following:

• The GBX will continue to be administered in FEBRUARY & JULY

• The current 2-day testing format will continue; including the essay, performance, and multiple choice sections of the exam

• The current subjects will continue to be tested for the essay and multiple choice sections of the test

• That any further changes to the format or content of the GBX would not occur for at least 2 years - given notice requirements to law schools and applicants

• That the multiple choice, essay, and performance test questions will be created by Kaplan

• That Kaplan will not offer a review course given its administrator role

• That the GBX will be administered remotely

• That this latest change is largely due to State Bar budgetary considerations; ‘that Kaplan will receive $8+ million to administer the test for the 5-year contractual period

• Presumably, that the passing cut score of 1390/2000 will continue

• That the Written and Multiple Choice sections of the GBX will continue to be 50% each

• That there will be an increasing emphasis on CA-related course content

POSSIBLE TAKEAWAYS

As noted, this most recent potential change requires finalization by the State Bar.

The ‘suggested’ format and content factors described above - will presumably be definitively clarified by the State Bar.

This change is a departure from an earlier State Bar ‘recommendation’ for the current GBX to be replaced by a ‘Portfolio Bar Exam’ (PBE).

In over 45 years of customizing personalized preparation programs for both first-time and repeat Bar applicants, this course has adapted to many other format and content changes.  Among them: From a 3 to a 2-day GBX, from 12 essay questions to 6 and now 5, from two 3 hour performance exams to one 90 minute performance exam, to cross-over essays involving multiple subjects, to CA-required subject matter involving EVIDENCE, CIVIL PROCEDURE, PROFESSIONAL RESPONSIBILITY; from a passing cut score of 1440/2000 to 1390/2000; to the expansion of subjects on the GBX, including BUSINESS ASSOCIATIONS.

In each of these cases, law schools, law students, Bar courses, and Bar applicants have inevitably adapted - with the overall average yearly Bar pass rates (for FEB & JULY) remaining about the same.

Although conjecture, one key takeaway is that Bar pass rates will at least remain the same - but probably improve - given growing concerns to highlight fairness and equity.

Another - is that the FEBRUARY 2025 GBX - as the first test reflecting the new changes - offers a unique Bar-passing opportunity - and especially for those applicants planning a longer preparation process.  Kaplan and the State Bar will be looking to build ‘fiduciary confidence’ in their partnership.

Another - is that Bar prep courses will continue to successfully use their study resources - given the same format and content configuration for the GBX.  Although Kaplan, for example, will create the questions - at least 25 of them (following the FYLSX’s precedent) - will mirror the same kind of questions - in the Bar’s evident effort to maintain continuity - going forward.

Finally, although ‘change’ creates the need for adaptability - be sure to continue to educate yourself as it impacts your individual Bar review situation.  The great equalizer is ‘clarity’ in learning how to adapt - and - ‘individual planning’ in knowing how to give yourself the best chance to succeed.

QUESTIONS

‘Sure; ‘happy to respond in doing my best to answer your Bar-related question(s) - or to find out an answer if it’s not known.

Regardless, ‘best of luck with whatever course of action you take to pass your exam.