NextGen Bar Exam vs. UBE Subject Matter on The New Bar Exam

NextGen Bar Exam vs. UBE Subject Matter on The New Bar Exam

In July 2026, the National Conference of Bar Examiners (“NCBE”) will premier its new test, the NextGen Bar Exam. Understanding the forthcoming changes in the bar exam is essential for aspiring lawyers and legal professionals. In this post, we’ll take a deeper dive into the subjects that will appear on the NextGen Bar Exam.

NextGen Bar Exam vs. UBE Subject Matter on The New Bar Exam

The UBE’s multiple-choice portion, the Multistate Bar Exam (or “MBE”), currently tests seven subjects: Contracts and Sales, Constitutional Law, Criminal Law and Procedure, Civil Procedure, Evidence, Real Property, and Torts. The UBE’s essay portion, the Multistate Essay Exam (or “MEE”), tests all of the subjects on the MBE plus Business Associations, Conflict of Laws, Family Law, Trusts and Estates, and Secured Transactions.

The subjects that are slated to appear on the NextGen Bar Exam are the result of a three-year student study. The NCBE conducted the study, and it included a nationwide survey to identify the knowledge necessary for effective practice by newly licensed lawyers. Based on the results, the NCBE decided not to include some subjects on the NextGen Bar Exam that it believes new lawyers are less likely to encounter in practice. These subjects are Conflict of Laws, Trusts and Estates, and Secured Transactions.

Next Gen Bar Exam Subjects

The subjects that will be tested on the NextGen Bar Exam (referred to as “foundational concepts and principles” by the NCBE) include the seven MBE subjects, plus Business Associations. In addition to these subjects, the NexGen Bar Exam will test some issues of Professional Responsibility (though the NextGen Bar Exam will not replace the Multistate Professional Responsibility Exam!). Also, in July 2028, the NCBE will add Family Law to the list of foundational concepts and principles that will appear on the NextGen Bar Exam.

One noteworthy change is that, unlike the UBE, the NextGen Bar Exam will discriminate between topics based on the level of knowledge it expects examinees to have. For certain topics, like personal jurisdiction, examinees must rely solely on recalled knowledge without the provision of legal resources. Other topics, though, like public nuisance, may appear with or without the provision of legal resources. In these instances, examinees will be expected to have a sufficient understanding of the topics to demonstrate their ability to recognize when the topics are at issue.

Change in Testing Approach

It is essential to note that the NextGen Bar Exam will expect examinees to demonstrate competence in a range of foundational lawyering skills in addition to mastery of doctrinal knowledge. These skills will fall into four groups: issue spotting and analysis, client counseling and advising, legal research, and legal writing. We’ll explore these skills in future post, as these represent an important shift in the bar exam!

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