The exam will include three performance tasks on which examinees will demonstrate their ability to use fundamental lawyering skills in realistic situations , completing tasks that a beginning lawyer should be able to accomplish . These tasks may feature areas of law , with accompanying legal resources , not included in the foundational concepts and principles . These areas of law might include , for example , trusts and estates , intellectual property , or administrative law . One of the longer performance tasks will include several multiple-choice questions and short constructed response questions focused on research skills , followed by a longer writing assignment .
Malpractice and Professional DISCIPLINARY DEFENSE
NextGen will be delivered directly to examinees ’ laptop computers and accessible with a code on the day of the exam . Examinees will no longer be provided written exam materials . NCBE recently announced that Surpass will provide delivery of the exam to examinees and the grading platform .
RONALD H . M�LEAN rmclean @ serklandlaw . com
PETER W . ZUGER pzuger @ serklandlaw . com
NextGen Scoring
At this time , no passing score for the NextGen exam has been determined by any jurisdiction . Prototype examinations will be given in October to gather data followed by a national standard-setting exercise performed by NCBE . NCBE will provide standard-setting recommendations to assist jurisdictions . Jurisdictions adopting NextGen will each determine what the passing score is for their jurisdiction .
Jurisdictions Intending to Adopt NextGen
The first NextGen examination will be offered in July 2026 . Between 2026 and 2028 , both the UBE and NextGen will be available to jurisdictions . After July 2028 , the UBE will not be available . Jurisdictions have to decide whether to adopt NextGen or create their own exams .
At the time of drafting this article , the following 17 jurisdictions have announced their intent to adopt NextGen and the first planned administration .
July 2026 July 2027 July 2028 Connecticut Arizona Colorado Guam Iowa Kansas Maryland Kentucky Utah Missouri Oregon
Minnesota Nebraska
Washington New Mexico Vermont Wyoming
If you have any thoughts about adoption of NextGen , please email Clerk of the Supreme Court and Secretary-Treasurer of the State Board of Law Examiners Petra H . Mandigo Hulm at phulm @ ndcourts . gov .
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Mark is a Minnesota Rule 114 “ qualified neutral ” and is on the North Dakota and Minnesota state court administrator ’ s roster of qualified neutrals for civil disputes .
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