What is the NextGen Bar Exam?

What Is the NextGen Bar Exam?

What is the NextGen Bar Exam? This is a question we are getting a lot! As we approach a new era in legal education and licensure, the National Conference of Bar Examiners (NCBE) is introducing a revamped bar exam called the NextGen Bar Exam. This new exam aims to more effectively assess the foundational lawyering skills and doctrinal knowledge essential for modern legal practice. Here, we provide an overview of what we know about the NextGen Bar Exam, detailing its format, subjects, and key updates to help you prepare for this significant change.

What Is the NextGen Bar Exam?

The NextGen Bar Exam is a comprehensive evaluation designed by the NCBE to test both fundamental legal knowledge and practical lawyering skills. This new exam will cover core legal subjects such as Civil Procedure, Contract Law, Evidence, Torts, Business Associations, Constitutional Law, Criminal Law, Real Property, and Family Law (starting in July 2028).

In addition, it will assess essential skills like legal research, writing, issue spotting, analysis, investigation, evaluation, client counseling, negotiation, dispute resolution, and client relationship management.

Unlike previous formats, the NextGen Bar Exam integrates various question types, including multiple-choice questions, integrated question sets, and performance tasks.

The NextGen Bar Exam is still new and still undergoing pilot testing. A full practice exam is not yet available. The NCBE frequently announces updates to the NextGen Bar Exam so please stay tuned for more information.

Format of the NextGen Bar Exam

The NextGen Bar Exam features three types of questions:

1. Stand-Alone Multiple-Choice Questions
2. Integrated Question Sets: These combine multiple-choice questions with short-answer responses.
3. Performance Tasks

This integrated approach ensures a comprehensive assessment of both theoretical knowledge and practical skills. These are designed not to be stand-alone sets. In other words, there will not likely be a multiple-choice section, an integrated test section, and a performance task section. Instead, there will be a three-hour component where an examinee will answer a mixture of multiple-choice questions, integrated questions, and performance tests.

Duration of the NextGen Bar Exam

The exam spans nine hours over a day and a half. On the first day, candidates will tackle two three-hour question sets with a lunch break in between. The second day will feature one three-hour question set. Jurisdictions may also choose to administer a local component in the afternoon of the second day.

Initial Administration of the NextGen Bar Exam

The NextGen Bar Exam will be administered for the first time in July 2026. By July 2028, all jurisdictions must adopt the NextGen Bar Exam or opt for an alternative licensure path, such as creating their own bar exam or not mandating any exam at all.

States Administering the NextGen Bar Exam

Please stay updated on the NCBE’s website for a list of states that are administering the Next Gen Bar Exam.

Subjects Tested on the NextGen Bar Exam

The exam will cover the following subjects:

• Civil Procedure
• Contract Law
• Evidence
• Torts
• Business Associations
• Constitutional Law
• Criminal Law
• Real Property
• Family Law (starting in July 2028)

Foundational Skills Tested

The NextGen Bar Exam evaluates critical skills including:

1. Legal Research
2. Legal Writing
3. Issue Spotting and Analysis
4. Investigation and Evaluation
5. Client Counseling and Advising
6. Negotiation and Dispute Resolution
7. Client Relationship and Management

This is one of the changes from the current Uniform Bar Exam, which is not deemed to be “practical” enough. These skills are crucial for effective lawyering and reflect the practical demands of legal practice. Right now, we do not have enough sample questions available to determine exactly how all of these skills will be tested.

Transition from the Uniform Bar Exam to the NextGen Bar Exam

The NCBE will phase out the Uniform Bar Exam (UBE) with its last administration in February 2028. The NextGen Bar Exam will become the new standard from July 2028 onwards.

Testing the Model Rules of Professional Conduct

While the Model Rules of Professional Conduct will not appear as stand-alone questions, they may be integrated within the Foundational Skills context.

Relevant Law School Classes

Your first-year law school classes, including Civil Procedure, Criminal Law, Constitutional Law, Contracts, and Property, and Torts, will lay the groundwork for the NextGen Bar Exam. Additional courses like Evidence, Business Associations, and Criminal Procedure are also beneficial. For those taking the exam post-July 2028, Family Law is a good class to take. Classes focusing on legal writing and practical skills will further prepare you for the foundational skills portion of the exam.

Law schools will hopefully adapt their curriculums to help students best prepare for the NextGen Bar Exam, but first, there needs to be a clearer picture of exactly what will be tested by the NCBE and how it will be tested.

The MPRE and the NextGen Bar Exam

The MPRE will continue to be administered as a separate, standalone exam even with the implementation of the NextGen Bar Exam.

Frequency and Administration of the NextGen Bar Exam

The NextGen Bar Exam will be offered twice a year, in February and July, and will be administered via computer. Accommodations will be available for candidates with disabilities.

Grading of the NextGen Bar Exam

Machine-scored portions, such as multiple-choice questions, will be graded by the NCBE. State bar examiners will grade other responses.

Portability of NextGen Bar Exam Scores

The goal is for scores to be portable across jurisdictions, but this will ultimately depend on individual states adopting the NextGen Bar Exam and accepting scores from other jurisdictions.

We hope this overview provides clarity on what to expect with the NextGen Bar Exam. For more detailed and updated information, always refer to the NCBE’s official page. At JD Advising, we are committed to helping you navigate these changes and succeed in your legal career.

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