Preparing UND Law Graduates
to Pass the Bar
By Kathryn R.L. Rand
Dean, University of North Dakota School of Law
Law graduates’ performance on the bar exam is garnering increasing
attention as a national, not just a local, issue. Search for recent news
articles on bar exam results and you’ll see headlines from across the
country with phrases like “steep decline” and “historic low.” In fact,
nationwide, the average score on the February 2017 Multistate Bar
Exam (MBE) was the lowest since the test was first administered in
1972. The MBE is the six-hour, 200-question multiple-choice test
that is part of the bar exam in 49 states.
For states that administer the Uniform Bar Exam (UBE), as does
North Dakota, the other two components of the bar exam are
the Multistate Essay Examination (MEE), which consists of six
30-minute essay questions, and the Multistate Performance Test
(MPT), which consists of two 90-minute skills-based tasks. The
MBE is the most significant part of the UBE–not only does it
constitute 50 percent of the total points, but the MEE and MPT
scores are scaled to the statewide mean MBE score.
Why have so many states experienced such dramatic swings–
sometimes up, but more often down–in bar pass rates over the last
handful of years? A common notion among many is the practice of
law is no longer attracting the nation’s brightest college graduates.
Others are skeptical of that rationale, noting the available data does
not consistently support the explanation that law graduates are
“less able” than in prior years, nor does it adequately explain a steep
decrease from one year to the next (and, in some states, a relative
“rebound” in the year following a significant decline).
Some have questioned whether the scoring methods used, including
“relative” scoring (in which the MEE and MPT portions are graded
relative to other test-takers in the state rather than according to
an objective point-based system), have made it harder to obtain a
passing score. A few have pointed to the increase in experiential
courses in law schools, speculating the bar exam may undervalue
practice skills such as the ability to interview a client or examine a
witness right at the time when law schools are placing more emphasis
on these skills. (A new ABA standard requires every law student
must complete six credits of experiential courses in order to earn a
juris doctor.) A few have questioned whether a multiple-choice test
really is a good measure of minimum competency to practice law.
I, along with many other law deans across the country, wish I knew
the definitive answer, because then it would be far easier to devise
a definitive solution. Regardless, we are all concerned about low
bar pass rates, and we all want our graduates to succeed. Especially
18
THE GAVEL
in times of budget cuts, we want to invest our exceedingly scarce
resources in the ways that best serve our students and, ultimately,
the profession. I don’t pretend to know exactly what is causing the
nation-wide decline in bar exam scores, but I do know this: the
School of Law needs to do everything we can to graduate students
who are capable of passing the bar exam.
Three years ago, in a similar Gavel article, we shared that we had
taken three initial steps. First, we appointed a Director of Bar Passage
and Academic Success, Professor Kirsten Dauphinais. Second, we
created a standing committee to ensure we paid continuing attention
to our graduates’ performance on the bar exam and factored what we
learned in decisions about admissions, the curriculum, and student
services. Third, we successfully requested a change in the Supreme
Court rules so we received more information about how our
graduates were performing on the bar exam in North Dakota.
Since then, we’ve added to our efforts every single year. Here are
some of the most significant changes we’ve made to our curriculum,
our policies, and our student services:
• We adopted a mandatory academic advising policy to create an
early intervention–to pair students with support and guidance
as soon as we know they need it. The Director of Bar Passage
and Academic Success meets with each student who has not
met academic standards and devises a personalized plan for
improvement. We are currently considering amending the policy
to raise the requir