Stuff You Should Know

What's the bar exam like anyway?

December 4, 2025

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  • The bar exam has evolved significantly from early oral quizzes by judges to the modern, standardized Uniform Bar Exam (UBE), which itself faces criticism regarding its relevance and potential for systemic bias. 
  • Historically, the bar exam has been used as a mechanism for gatekeeping, evidenced by explicit racial exclusion policies in the early 20th century and ongoing disparities in first-time pass rates among different demographic groups. 
  • Despite its purpose to ensure lawyer competence, studies suggest the bar exam is only minimally predictive of actual career success, leading some jurisdictions to explore alternatives like legal apprenticeships. 

Segments

Episode Introduction and IHOP Tangent
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(00:01:35)
  • Key Takeaway: The hosts introduce the topic of the bar exam, suggested by a listener.
  • Summary: Josh and Chuck welcome listeners, make lighthearted comments about IHOP, and thank listener Rowan Garindesy for suggesting the episode topic.
Origins of the Bar Exam
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(00:03:41)
  • Key Takeaway: The bar exam originated from informal quizzing by judges in colonial times, evolving from apprenticeship.
  • Summary: Chuck explains that the bar exam is a licensing test, tracing its name to the courtroom railing. The first exam in Delaware (1783) was informal, exemplified by an anecdote about Abraham Lincoln.
Shift to Written Exams and Standardization
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(00:09:16)
  • Key Takeaway: Written exams began in the mid-1800s, leading to the formation of the NCBE to standardize testing.
  • Summary: The first written exam appeared in Massachusetts around 1855. By the 1930s, the NCBE was formed, initially focusing on ‘black letter law’ before introducing the multiple-choice MBE in 1972.
Bar Exam as Gatekeeping Mechanism
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(00:12:28)
  • Key Takeaway: The bar exam has historically been used to exclude people of color, leading to the creation of the National Bar Association.
  • Summary: The hosts discuss how the ABA accidentally admitted Black attorneys in 1912 and subsequently added racial screening. They cover the Tyler v. Vickery lawsuit regarding discriminatory cut scores.
UBE Components and Structure
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(00:27:00)
  • Key Takeaway: The modern Uniform Bar Exam (UBE) combines three distinct tests: MBE, MSEE, and MPT.
  • Summary: The UBE is broken down into its three parts: the MBE (50% of score), the MSEE (30%), and the MPT (20%). The test takes 12 hours spread over two days.
Exam Costs and Security Measures
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(00:23:14)
  • Key Takeaway: Taking the bar is expensive, and security is so tight that test-takers cannot bring personal items like tampons or laptops.
  • Summary: The segment details registration fees, the cost of prep courses (like Barbri), and the strict rules preventing cheating, including the provision of state-supplied hygiene products.
Pass Rates and Famous Failures
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(00:31:38)
  • Key Takeaway: Pass rates vary widely by state, and failing the bar initially is not uncommon, even for famous figures.
  • Summary: Utah is noted for high pass rates, while New York is difficult. The hosts mention that Michelle Obama, Hillary Clinton, and Kim Kardashian all took multiple attempts to pass.
Critiques: Validity and Competence
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(00:40:06)
  • Key Takeaway: Studies suggest the bar exam is minimally predictive of actual attorney effectiveness, and the NCBE lacks a formal definition of ‘competence.’
  • Summary: Data shows significant disparities in first-time pass rates for minority students. Critics argue the test is invalid because it tests memorization rather than practical legal competence, which the NCBE struggles to define.
Recent Exam Disasters and Alternatives
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(00:45:28)
  • Key Takeaway: Recent remote exams and California’s custom exam rollout faced major technical failures, prompting some states to explore apprenticeship alternatives.
  • Summary: The hosts discuss COVID-era remote exam issues (facial recognition failures, test-takers urinating themselves) and California’s disastrous custom exam featuring ChatGPT-written questions. Wisconsin and New Hampshire offer diploma privilege.
Attorney Feedback and Conclusion
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(00:54:29)
  • Key Takeaway: An anonymous attorney friend confirmed the bar tests synthesis under pressure but is a poor indicator of real-world practice skills.
  • Summary: The anonymous attorney favors apprenticeships over the bar exam for practical skills. The hosts wrap up the main discussion before transitioning to listener mail.