PREPARING FOR THE NEXTGEN BAR EXAM: STRATEGIC PLANNING FOR LAW SCHOOLS IN A TIME OF CHANGE
PREPARING FOR THE NEXTGEN BAR EXAM: STRATEGIC PLANNING FOR LAW SCHOOLS IN A TIME OF CHANGE
BRADLEY MYERS Interim Dean, University of North Dakota School of Law
The most significant change in a generation to the way lawyers become licensed is approximately one year away. Beginning in July 2027, North Dakota will join 12 other states in administering the NextGen version of the bar examination for the first time. 1 This change results from years of study and data gathering. In designing NextGen, the National Conference of Bar Examiners( NCBE) sought to create an examination that better assesses the core legal knowledge and skills required of entry level lawyers in their first three years of practice.
Founded in 1931, the NCBE has decades of experience assisting bar examiners in determining which individuals should be licensed to practice law. It introduced the multiple-choice Multistate Bar Examination( MBE) in 1972, the Multistate Essay Examination( MEE) in 1988, and the Multistate Performance Test( MPT) in 1997. The NCBE combined the MBE, MEE, and MPT into the Uniform Bar Exam( UBE) in 2011, with North Dakota among the first states to administer it that year. As currently structured, the UBE consists of six hours of MBE multiple choice questions, six 30-minute MEE essay questions, and two 90-minute MPT questions.
NextGen replaces these separate sections with an integrated question format. Test takers will read longer case files or sets of legal resource materials. They will combine those materials with their knowledge of core subject areas to answer multiple choice questions, short answer questions, or performance tasks like those on the MPT. The format emphasizes legal analysis, writing, and advocacy in a way that reflects practical lawyering skills. NextGen will also assess competencies in client counseling and research, which have historically been difficult to measure in a standardized exam format.
NextGen will cover fewer subjects. While the UBE expected test takers to have foundational knowledge from 12 subject areas, 2 NextGen reduces that number to eight: Civil Procedure, Contracts, Evidence, Torts, Business Associations, Constitutional Law, Criminal Law, and Real Property. Conflict of Laws and Secured Transactions will not appear on NextGen. Trusts and Estates may appear, but only as part of integrated questions or performance tasks with provided resources, meaning test takers will not be expected to have foundational knowledge in the subject. The expected knowledge of Family Law will vary over the first few administrations of NextGen.
Like Trusts and Estates, foundational knowledge of Family Law will not be expected between July 2026 and February 2028. Beginning in July 2028, however, Family Law will again become a core foundational subject, and test takers will be expected to demonstrate knowledge in that area.
North Dakota’ s Board of Law Examiners has invested and will continue to invest significant time and effort in preparing to administer and grade the new exam. NextGen will be delivered through a new computer platform. Even under the best circumstances, new computer systems can present unexpected challenges. The structure of the exam also requires new training for graders to ensure both accuracy and consistency across jurisdictions.
While the board of law examiners is responsible for administering NextGen, those of us in legal education bear the responsibility for preparing graduates to demonstrate the competencies that will be tested on the exam. At the University of North Dakota( UND) School of Law, we have spent the past couple years reexamining our program of legal education to determine what changes, adjustments, or additions will best serve our students. Our goal has been to prepare students for the challenges of the new testing system while recognizing that legal education encompasses far more than passing a single examination.
From the first announcement of the change to NextGen, we have had strong faculty buy-in. This includes recognition that some long-standing practices must evolve, as well as an understanding NextGen presents an opportunity to incorporate innovative approaches to pedagogy. At the same time, the rapid emergence of artificial intelligence in both practice and education has prompted deeper reflection on why we teach what we teach. Academic freedom remains a cornerstone of legal education, and each faculty member must be supported in designing courses that align with their strengths and intended learning outcomes.
At UND, preparation began with a comprehensive review of the curriculum. The faculty examined our required courses to determine the appropriate emphasis on
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