Joseph Lento
Joseph Lento, founder of Lento Law Firm

A significant shift is underway in legal education and professional licensing. The NextGen Bar Exam, a redesigned version of the traditional licensing test, has been adopted by most U.S. jurisdictions and is set to debut in July 2026. Unlike its predecessor, which relied heavily on rote memorisation and traditional essay writing, this new model is designed to assess practical legal skills, making it one of the most significant changes to legal licensure in decades.

The change presents both opportunities and uncertainties for law students and recent graduates. Proponents argue that the NextGen Bar Exam will better prepare future attorneys for real-world legal practice, moving away from testing theoretical knowledge in a high-pressure exam format. However, critics warn that transitioning to a new assessment structure introduces potential disparities, particularly for students who have spent years preparing under the current system.

Joseph Lento, founder of Lento Law Firm, has long worked with professionals navigating licensing board requirements, regulatory changes, and professional discipline matters. As states progress with this reform, legal experts remain divided on whether the overhaul will enhance professional access or create new barriers for aspiring lawyers.

What's Changing in the NextGen Bar Exam?

'For aspiring attorneys, the shift to the NextGen Bar Exam represents a fundamental change in how they prove their competency. While the move toward practical skills is promising, the reality is that licensing boards will still scrutinise applicants rigorously. Law graduates must ensure they pass the exam and understand how evolving licensure standards could impact their ability to practice across jurisdictions.'

The NextGen Bar Exam eliminates much of the traditional emphasis on memorisation and written essays, instead evaluating a candidate's ability to apply legal reasoning to real-world scenarios. Key changes include:

  • Greater Focus on Practical Skills: Exam questions will assess a candidate's ability to analyse case files, draft legal documents, and solve client problems rather than recall legal principles.
  • Integration of Multiple Legal Subjects: Instead of separate sections for different areas of law, the new exam blends subjects, mirroring how lawyers work in practice.
  • Shift Away from Traditional Multiple-Choice Testing: The Multistate Bar Examination (MBE), a significant component of the current bar exam, will be replaced with a more flexible assessment method.

While these changes have been widely praised for their focus on practical lawyering skills, concerns remain about whether students will have enough time to adjust before the new exam format takes effect.

Potential Challenges and Criticisms of the New Format

'Whenever a licensing exam undergoes significant reform, there are risks of unintended consequences. The lack of historical pass rates means that new graduates are essentially the test subjects for this transition, which can create anxiety and unpredictability. Additionally, inconsistencies across states could leave some law graduates in limbo if their jurisdiction takes a different approach, making it critical for aspiring attorneys to stay informed and prepared for shifting requirements.'

Despite the intended benefits, the NextGen Bar Exam faces significant pushback from some law schools, bar associations, and recent graduates. The main concerns include:

  • Uncertainty Over Pass Rates: Since this is an entirely new testing format, there are no historical pass rates, leading to uncertainty for students, law schools, and employers.
  • Potential Disadvantages for Non-Traditional Students: Those who rely on self-study or alternative learning methods may struggle with the integrated approach, which requires multi-subject reasoning rather than studying isolated legal topics.
  • Inconsistencies Across Jurisdictions: Not all states are adopting the NextGen exam at the same pace, meaning that students taking the bar in different states may face very different licensing requirements.

These concerns raise questions about whether shifting to a competency-based assessment will truly level the playing field or create additional hurdles for those unfamiliar with the new structure.

The Future of Bar Admissions and Legal Education

This overhaul is part of a broader movement toward modernising legal education and licensing requirements. In addition to the NextGen Bar Exam, some states are exploring alternative licensing pathways, including supervised practice programs that allow law graduates to qualify for licensure without taking a bar exam.

While some legal professionals believe that competency-based assessments are the future of legal licensure, others warn that the legal field must be careful not to dilute standards or create unnecessary confusion for aspiring attorneys.

Ultimately, law schools, licensing boards, and the legal profession must adapt to ensure the transition is as smooth as possible for those entering the field. The success or failure of this new exam format will likely shape the future of legal education and licensure for years to come.

'As licensing evolves, new and experienced attorneys must proactively understand how these changes affect their professional standing. While competency-based licensing may modernise legal education, it could create new grey areas in professional discipline and regulatory oversight. Those entering the profession should be mindful that licensing boards and character & fitness evaluations may still present challenges, regardless of how the exam is structured.'

Disclaimer and Disclosure:

This article is an opinion piece for informational purposes only. International Business Times UK and its affiliates are not responsible for the views expressed. Readers should conduct independent research to form their own opinions.