I am empathetic to the potential bar examinee this autumn.  They have worked hard for the past three to four years for this one test that will determine their future economic status.  While this is certainly stressful enough, the pandemic has impacted our economy.  Even those graduates who are lucky enough to have a job now (especially those who need not worry if bar passage is necessary to maintain their current job) will have to take time off (and lose money) to study for the bar.  But the uncertainty if the bar exams will even take place can only add to their anxiety.

I’m writing this editorial for this blog because we have the technology to allow examinees to take the exam remotely, e.g., the safety of their home.  Many attorneys have adjusted to shifting their work from their brick and mortar office to their home office.  Law Students have moved from the school classroom to virtually attending and taking exams remotely from their homes.  These shifts have all relied on technology and can easily be adjusted for bar examinees.

The Bar Examiners can monitor examinees through some video-conferencing application.  There are exam programs that lock out the hard drive except for the exam program (and perhaps the video-conferencing application).  I don’t think the Bar Examiners have to worry about the test takers cheating, e.g., looking at prewritten material, law books, and stuff online, as many of us recall the “open book” exams were a crutch.  You don’t have time to “cheat” given the structure of and time allotted for the exams.

There are still some states requiring in-person exams.  I do not think a bar applicant should have to choose obtaining a livelihood versus risking his/her own life and those around them.  The Bar Examiners need to catch up with today’s technology – when was the last time a lawyer was constrained to only using their memory of the law, no research materials, and all in a three-hour sitting when writing a brief?

It sounds like they may be committing malpractice if they did that! 😯