The United States is on the brink of a transformative shift in how lawyers are licensed, with more than half of U.S. jurisdictions opting to adopt the NextGen Bar Exam by its debut in July 2026. Designed by the National Conference of Bar Examiners (NCBE), this revamped exam aims to focus on practical legal skills rather than rote memorization, marking the first major redesign in 25 years. But as the legal community prepares for this seismic change, critical questions arise: Will this new format create a fairer pathway for underrepresented groups? Or will it introduce new challenges for aspiring lawyers?
Unlike its predecessor, the Uniform Bar Exam, it is designed to better reflect the practical skills and knowledge newly licensed attorneys need. The exam will test nine legal subjects, including constitutional law, criminal law, and civil procedure, along with seven foundational skills such as legal writing, negotiation, and client counseling. Developed after a comprehensive nationwide practice analysis involving over 2,500 participants from 70 law schools, it aims to create practice-ready lawyers. This revamped structure will replace the current system entirely by February 2028.
Several states, including Oregon, have already announced plans to adopt the NextGen Bar Exam, aligning with its emphasis on balancing litigation and transactional legal practice. Early research shows wide participation, with 94 law schools across 43 jurisdictions involved in the test development process. The exam will feature diverse question formats, including integrated scenarios and performance tasks, and will be administered over one and a half days, reducing the current two-day structure. For states and institutions, this shift is seen as a necessary update to align legal education with the evolving demands of the profession.
What is the NextGen Bar Exam?
The NextGen Bar Exam represents a significant departure from the traditional model, prioritising practical legal skills over theoretical knowledge. The current bar exam, which spans 12 hours over two days, consists of three distinct components: the Multistate Bar Exam, Multistate Essay Exam, and Multistate Performance Test. The redesigned test will consolidate these into a nine-hour, computer-based format.
Unlike its predecessor, the NextGen exam will test competencies in areas such as legal research, writing, and problem-solving—skills directly applicable to real-world legal practice. By moving away from memorisation-heavy components, the NCBE aims to create a more streamlined and modern assessment process.
Accessibility and Equity: Progress or Peril?
One of the primary goals of the NextGen Bar Exam is to address long-standing accessibility issues within the legal profession. Traditional bar exams, with their reliance on memorisation, have been criticised for favouring those with access to expensive test preparation courses, disproportionately disadvantaging candidates from minority and low-income backgrounds.
The NextGen format’s emphasis on practical skills could reduce these barriers by making the test more reflective of day-to-day legal work. However, critics caution that underrepresented groups may still face inequities in preparation resources, particularly as law schools and bar prep providers adapt to the new format. Without adequate support, the shift may inadvertently perpetuate existing disparities.
Memorisation vs. Practical Skills: A Fairer Test?
The current bar exam’s heavy focus on memorising statutes and legal principles often alienates non-traditional candidates, such as first-generation law students or those from diverse educational backgrounds. Advocates for the NextGen exam argue that it offers a more equitable measure of an aspiring lawyer’s abilities by evaluating skills essential for practice, such as drafting motions or counselling clients.
By testing practical competencies, the NextGen exam aligns more closely with real-world legal scenarios. This shift could not only level the playing field but also better prepare future lawyers for the challenges of the profession. However, some argue that the reduced focus on theoretical knowledge may disadvantage candidates who excel in academic legal study.
Long-Term Impact on Diversity in the Legal Profession
The NextGen Bar Exam has the potential to significantly reshape the demographics of the U.S. legal profession. By focusing on practical skills, it could open doors for candidates who historically struggled with the memorisation-based format. This shift might encourage greater participation from underrepresented groups, fostering a more inclusive legal community.
However, the new format could also introduce different barriers. For example, law schools and legal organisations will need to ensure equitable access to preparation resources, such as simulations or mock exams, which may be expensive. Law firms and hiring bodies will also need to adapt, recognising the value of skills-based assessment in evaluating new talent.
A New Era or a New Set of Challenges?
The adoption of the NextGen Bar Exam by 29 jurisdictions—including Florida, Illinois, and Colorado—signals a willingness to modernise the legal licensing process. While its focus on practical skills holds promise for creating a more inclusive pathway to the profession, the exam’s success will depend on how well law schools, candidates, and the legal community adapt to these changes.
As the countdown to July 2026 begins, the legal profession must grapple with a fundamental question: Will the NextGen Bar Exam truly dismantle barriers, or will it merely shift them to new arenas? The answer will shape the future of law and its accessibility to diverse talent for decades to come.
