Essential Tips For The October 2020 California Bar Exam

Essential Tips For The October 2020 California Bar Exam

On July 16, 2020, the California Supreme Court instructed the State Bar of California to develop a Frequently Asked Questions (FAQ) guide pertaining to the online California bar examination on October 5−6, 2020. Are you looking for tips on how to tackle the October 2020 California bar exam based on the recently released FAQ guide from the California State Bar? Below we will provide you with tips on how to approach the California bar exam based upon the information included in the FAQ guide. Please note the FAQ guide will be updated based questions received by the State Bar, so please continue to review the guide for additional information periodically.

UPDATE: California passed an order on January 28, 2021 that allows examinees who narrowly passed the California Bar Exam between July 2015 and February 2020 to be admitted to the state bar after completing 300 hours of supervised legal work (no second bar exam is required).

Essential Tips For The October 2020 California Bar Exam

Disclaimer: All examinees must read the entirety of the FAQ guide carefully. Please do NOT  only rely on the provisions that JD Advising has highlighted. We are simply highlighting some of the rules because of the significant impact they will have on test day.

Can you sit for the exam in California if you are taking another bar exam in July, September,  or October 2020?

The short answer to this question is no! According to the FAQ guide, “candidates shall affirm that they do not, and will not, plan to sit for any other jurisdiction’s bar exam administration in July, September, or October 2020 during which NCBE tests are used.” In addition, the FAQ emphasizes that “[j]urisdictions should prohibit candidates from participating in the remotely administered test if they will sit for any of these in-person administrations of the bar exam, as such participation may provide an opportunity for nonbona fide candidates to gain access to NCBE’s copyright-protected test material.”

Thus, if you are, for example, taking the Uniform Bar Exam in July, September, or October of this year, you cannot also take the California bar exam on October 5-6, 2020.

What is the format of the exam?

1. On the first day, examinees will complete five one-hour long essays.

As of July 2017, the Examiners reduced the number of essays from six to five. Applicants wrote three essays in the morning, and in the afternoon, applicants wrote two essays and a 90-minute performance test.

This October, however, each essay will be administered separately online. According to the FAQ guide, exam takers “will have a 15-minute break between each session (essay question, PT, or multiple-choice), and then 10 minutes after the break to successfully log back into the next exam session.”

Applicants will not be allowed to choose the order in which they answer the essays. Once exam takers complete an essay, they will not be permitted to go back and review their answers!

Note: When viewing the essays in the software, it will most likely be set up the same way as it  was for the First-Year Law Students’ Exam (FYLSE). The fact pattern appeared on the top half of the screen, which applicants were allowed to scroll through, and the bottom half of the screen contained an answer screen where applicants wrote their essays. While the FAQ guide does not explicitly say this, the FYLSE served as a model for how to administer an online bar exam. Nevertheless, keep an eye out for additional information by the State Bar and make sure to spend extra time when completing the mock exam so that you can familiarize yourself with all aspects of the software’s features.

2. On the second day, examinees will complete 100 multiple-choice questions in the morning and a 90-minute performance test in the afternoon.

Typically, exam takers complete 200 Multistate Bar Exam (MBE) questions on the second day (100 questions in the morning and 100 questions in the afternoon). In October, however, applicants will only complete 100 MBE questions, with 50 multiple-choice questions administered during each session. Applicants are permitted to review their answers within each 50-question section. Thus, once the first 50-question session has ended, exam takers will not be able to return to that section.

Note: Please keep in mind that the National Conference of Bar Examiners has stated that the MBE score from the October exam cannot be transferred to any other jurisdiction.

The performance test is generally administered on the same day as the essays (and in the same time slot as two of the essays). As a result, many examinees spent less time on the afternoon essays and allocated additional time to the performance test. That will not be possible this October, as the performance test will be administered by itself during the afternoon of the second day. So, we strongly recommend completing practice exams to resolve any timing issues! Further, examinees will not be allowed to go back to previous questions upon completing the performance test.

When viewing the performance test in the exam software, examinees will “have the ability to have two side-by-side screens, the PT Instructions/File followed by the PT Library, and one that has the answer file.” Thus, applicants will be allowed to look at the PT File and PT Library and write their responses at the same time.

Note: The weighting of the exam has not changed. The written portion and the multiple-choice section are each worth 50% of the overall score.  The passing score has been reduced from 1440 to 1390.

A number of California law school deans and examinees are submitting a petition to the California Supreme Court seeking retroactive application of the 1390 passing score. At this point, the California Supreme Court has not decided this matter, so if you are a repeat taker, please keep on track with your study schedule for the October bar exam.

3. The exam will be closed-book!

While many examinees hoped that the State Bar would permit an open book exam this October, the State Bar opted for the traditional closed-book format. Thus, according to the FAQ guide, “Applicants are not permitted the use of unauthorized materials or equipment during the administration of the exam, including electronic equipment, notes, study aids/materials, or books.”

4. If you are taking the  Attorneys’ Examination, it will be administered on October 5-6, 2020.

In the past, attorney applicants completed their exam (essays and performance test) in one day. This October, attorney applicants will complete the essay portion on October 5th and the performance test during the afternoon of October 6th. So please plan to block out both days for the exam!

What are some crucial aspects of the testing conditions?

1. Pay close attention to when you need to be logged into each session.

For the morning session, applicants must be ready to begin the exam no later than 8:20 AM, and all applicants must be online no later than 8:30 AM. The exam will begin immediately following the instructions. The Examiners recommend planning to log in at least 20 minutes early.

For the afternoon sessions, applicants must be online no later than 1:30 PM, and instructions will begin promptly at 1:45 PM.

Because the exam will take place online, if you live out-of-state or abroad, you still have to begin the test by at least by 8:20 AM Pacific Standard Time on October 5, 2020. Thus, we recommend that you slowly change your study times so that you are not affected by the time difference.

2. Make sure you do not exit the view of the webcam during a session.

We cannot stress enough that the State Bar views any possible attempt at cheating very seriously. Once an exam session has begun, exam takers MUST remain in their seat at all times, unless they happen to finish the session early and upload their answers. Therefore, use all breaks wisely. That is the only time when applicants may leave the testing room to get a snack, beverage, or use the restroom.

What are the technological requirements for the exam?

1. Examinees must take the exam on a laptop with an operable webcam. 

Desktops are not permitted, and neither is any virtual camera software. The Examiners may require test takers to use their webcam and scan the entire room they are sitting in so that they can see whether the room is clear of prohibited items, people, and animals. Further, the webcam will be used for remote electronic monitoring to minimize cheating.

According to the FAQ guide, the ExamSoft requirements are as follows:

• Microphone: Required for ExamMonitor
• Hard Drive Space: at least 2 GB Free HDD Space
• Memory: 8 GB (8 GB recommended, 4 GB required)
• Mac Operating System: 10.13, 10.14, or 10.15
• Windows Operating System: 10 (Version 1803, 1809, 1903, or 1909)
• Internet Speed/Bandwidth: Min 2.5 Mbps Upload speed

Note: If possible, we recommend obtaining a laptop with a large screen (but no larger than 17.3”) so that it will be easier to complete the essays and performance test. Please keep in mind that dual monitors are not permitted.

Note: If you do not have a laptop that meets these requirements, do not have reliable internet access, or do not have access to a quiet space to take the exam, you can fill out a form requesting an in-person testing environment at a designated location. We recommend that you log into the admissions portal and click on “support requests.”  Then click on “general requests,” and select “other” from the drop down menu. In the subject line, write “in-person exam request,” and then in the body of the message, explain why you are unable to take the exam remotely.

Further, we recommend reaching out to your law school to see whether they will be making arrangements for an in-person exam.” In its letter dated July 16, 2020, the California Supreme Court urged “law schools to assist those graduates who lack internet access at home, or who have home environments not amenable to two days of uninterrupted examination, by employing the same and similar measures, including the use of school facilities and equipment, that schools have utilized to allow students to complete the Spring 2020 semester.”

2. It is necessary to have an internet connection to log in to each session and to upload exam answers.

While an internet connection is not required for the entire duration of the exam, it is necessary to have a stable internet connection for the log-on period, “(i.e., when you access the external website for the exam session password, and when you log back into the system to verify your identification and start the next session).” Further, an internet connection is required to upload your answers.

The passwords to log into each session will be posted on a website and updated prior to each  session. Applicants will familiarize themselves with this process when they complete the mock exam. Once you are provided with the website URL where the passwords will be updated, please bookmark it so that you can easily access it.

Note: While an internet connection is not required for the entire duration of the exam, we still strongly recommend obtaining an ethernet cord that you can use to connect your router and laptop. The FAQ guide explains,  “If you lose internet connection when you need to log into an exam session, and are not able to verify your identification and get into the next session within the 10-minute log-on period, you will not be allowed to reenter the exam session and will be unable to complete the exam. You will also not be allowed to handwrite the remaining portion of the exam.” [Emphasis added.]  Thus, it is better to take the necessary precautions so that you can log in to each session.

What are the important features of the exam software?

1. Digital scratch paper will be provided for every section of the exam.

Within exam software, you will have the option to click on “Tool Kit” which will open a window that is it be used for digital scratch paper. You can also click “Close Tool Kit” to close the window. The digital scratch paper “will be limited to approximately 70,000 characters, which is more than the 16 pages of physical scratch paper allowed at . . . in-person exams.”

Note: We suggest using a blank Word document, for example, to take notes and practice diagramming. It will be helpful to develop your own shorthand for words that commonly appear in fact patterns to diagram faster. Please see our blog post for some common abbreviations, but feel free to add to it!

2. Physical scratch paper will only be permitted for the performance test.

Applicants will be permitted to have eight pages of physical scratch paper for the performance test only! Both sides of each page must be blank, and applicants will be required to hold up each piece of scratch paper to the camera at the beginning of the performance test session.

3. Highlighting is permitted.

Applicants are permitted to highlight words/phrases in every section of the exam.

4. Copying and pasting is permitted for the digital scratch paper and the answer screen.

Exam takers are permitted to copy and paste from the digital scratch paper into the answer screen (and within the answer screen itself). However, applicants are not allowed to copy and paste from the fact patterns into the digital scratch paper or the answer screen. Thus, when practicing, please make sure to type out any information you want to incorporate from the fact pattern (otherwise, you might have significant timing issues on the exam!).

5. You may strike out incorrect answers and flag questions on the multiple-choice section.

Please get used to doing all MBE practice online. Many bar prep programs include the strikeout feature when practicing multiple-choice questions,  so it is good to get used to this feature. Still, you must remember to select an answer!  Also, keep in mind that while you are permitted to flag questions to return to, this is only allowed within each 50-question session.

How should you set up your remote testing area?

1. Make sure the room in which you choose to take the exam does NOT contain prohibited items or materials. 

Examinees may be surprised to see that many items are not permitted in the testing room, including but not books of any kind, food, beverages (including water—even if you need to take medication!). Further, no other individuals or animals may be in the room. Also, examinees are not allowed to have any outlines, notes, study materials, or cell phones in the room.

We suggest choosing which room of your house or apartment you will use to take the exam as early as possible and take steps each day to make sure that your testing area conforms to the testing requirements. We do not recommend waiting until the last minute to do so because that can be very stressful.

Note:  This abovementioned list is not exhaustive, so please make sure to thoroughly review which items are prohibited.

Note: A Chapter 6 notice for violating examination rules may be issued for the following reasons:

• Having a prohibited item in the exam room.
• Leaving the view of the webcam.
• Not having the webcam centered on your face completely.
• Using an unauthorized electronic device.
• Exiting the exam room outside of scheduled breaks/lunch.
• Suspected cheating.

This list is not exhaustive so please read all exam policies carefully.

2. Applicants are allowed to take one pillow or cushion into the testing room.

If you choose to take one pillow or cushion into your testing room, please make sure it is not in a cover or case and no writing is on it.

3. An external keyboard and mouse are permitted.

Applicants are permitted to use an external keyboard and mouse (can opt to use wired or wireless equipment).

                        Will accommodations be granted for the October bar exam?

All decisions regarding accommodations will be made on a case-by-case basis. Thus, we suggest contacting the State Bar as soon as possible to request accommodations (if you have not already done so). Please keep in mind that in some instances, accommodations will require an applicant to take the exam in-person instead of online. This will be determined by the State Bar.

                        What precautions are in place for in-person testing locations?

Examinees taking the exam in-person “will be required to sign a COVID-19 Code of Conduct and attest that they have not been symptomatic for the prior 14 days, exposed to any individuals who have tested positive in the prior 14 days, nor tested positive themselves.” Further, applicants must maintain social distancing requirements, wear a face mask, and have their temperature taken prior to taking the exam. If an applicant has any symptoms of Covid-19, she will be required to leave the testing center.

We hope that you found our tips for the October administration of the California Bar Exam  helpful. We wish you the best of luck on the exam!

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