Nevada to Implement Unique Three-Stage Bar Exam, Departing from National Standards
Nevada is moving forward with a distinctive three-stage assessment for bar licensure, diverging from the National Conference of Bar Examiners (NCBE) NextGen bar exam. Instead, the state may incorporate a new test being developed by Kaplan Exam Services for the State Bar of California.
Richard M. Trachok II, chair of the Nevada Board of Bar Examiners, announced that the Nevada Supreme Court has decided to proceed with the staged implementation of what is now being called the "Nevada Plan." This system, approved through a joint report from various task forces, could launch within a year.
Overview of Nevada’s Current Bar Exam Structure
Nevada’s current bar exam consists of multiple components, including six one-hour essay questions designed by the state’s Board of Bar Examiners, the Multistate Bar Exam (MBE), and two two-hour foundational skills questions that evaluate candidates on practical lawyering tasks. The new proposal shifts this framework into a three-step process, allowing for more flexibility and practical application.
Three-Step Bar Licensure Process Under the Nevada Plan
1. Foundational Law Exam (Multiple-Choice Test)
The first stage introduces a multiple-choice exam that focuses on seven core MBE subjects. This 100-question exam will be available at various testing centers across the country four times a year. Law students can take the test as early as after completing their third semester of law school. Nevada may initially use California’s multiple-choice test, which is scheduled to launch in February 2025 in collaboration with Kaplan.
2. One-Day Performance Exam
After graduating, candidates will take a one-day performance exam in Nevada, consisting of three two-hour tests. These performance-based tasks will require applicants to draft legal documents like briefs, memos, or opinions using provided statutes and authorities, closely mirroring real-world legal practice.
3. Supervised Practice Requirement
The final step includes 40 to 60 hours of supervised legal practice, which can be completed through law school clinics, externships, or legal aid organizations under the supervision of a licensed attorney. This practical training phase is designed to ensure that candidates gain hands-on experience before full licensure.
California and Kaplan’s Role in Nevada’s Transition
Nevada has been in ongoing discussions with the State Bar of California regarding the possible integration of Kaplan’s multiple-choice exam for the first stage of the Nevada Plan. A meeting between the two states took place in mid-September to iron out details, including costs and the logistics of using California’s exam questions for Nevada's 2025 bar exam. Kaplan, while refraining from public comment on the deal, has been pivotal in the development of California's new bar exam.
Flexibility and Faster Licensing for Law Students
The new system allows law students from other states to complete two-thirds of the bar exam process during law school, potentially speeding up the path to licensure. The final portion, involving supervised practice, will not require memorization, and the practical focus of the test could lead to faster licensure compared to the current bar exam or NCBE’s NextGen.
Ohio State University law professor emerita Deborah Jones Merritt commented that Nevada’s plan could allow for quicker licensure while still thoroughly testing practical legal competencies, offering a more streamlined alternative to existing bar exams.
Concerns Over Score Portability
With Nevada moving away from the MBE, concerns have arisen about the portability of bar exam scores between states. Currently, 14 jurisdictions accept transferred MBE scores from Nevada candidates, but this score-sharing system will likely disappear with Nevada's new exam structure. Judith Gundersen, president of NCBE, noted that score transferability could become a challenge for Nevada candidates under the new regime.
Other States Eye Nevada’s Approach
Nevada’s staged bar licensure model has attracted interest from other states looking for alternatives to traditional bar exams. Trachok has indicated that Nevada is working with vendors to develop a bank of 1,000 multiple-choice questions to support the Foundational Law Exam beyond 2025. The state is also engaged in conversations with the Conference of Chief Justices and other jurisdictions interested in reforming their bar admissions processes.
The success of Nevada’s bar exam overhaul could inspire other states to adopt similar reforms, especially as concerns about the cost and accessibility of bar exams grow. Merritt, involved in both Nevada’s task forces and national discussions on bar reform, believes Nevada’s exam offers a more competency-focused, affordable, and flexible pathway to licensure.
Growing Trend in Legal Licensure Reform
Nevada’s move is part of a broader national trend toward reevaluating legal licensure. Several states are exploring alternatives to the traditional bar exam in response to growing concerns about the fairness, cost, and accessibility of the test. Oregon, for example, recently launched a popular apprenticeship program as an alternative to the bar exam, while Washington State has also approved a skills coursework option.
Earlier this year, the ABA Section of Legal Education and Admissions to the Bar approved a policy shift that allows states to explore new licensure methods. Nevada’s unique three-stage approach may soon serve as a model for states seeking to modernize their legal admissions process.
The Future of Nevada’s Legal Landscape
With Nevada poised to implement its innovative bar exam system, the state is set to offer a more flexible and practical path to legal licensure. Unlike other jurisdictions that provide multiple licensure options, Nevada’s new approach will be the sole pathway to joining the bar, further highlighting the state's commitment to reforming the bar admissions process to better serve new lawyers and the public alike.
Nevada’s only law school, the University of Nevada, Las Vegas William S. Boyd School of Law, will play a pivotal role in shaping this new system. Between 2019 and 2023, Nevada admitted an average of 299 bar examinees annually, with a pass rate of 59%. The state hopes the new system will both increase pass rates and ensure that new lawyers are well-prepared to meet the demands of legal practice.
Richard M. Trachok II, chair of the Nevada Board of Bar Examiners, announced that the Nevada Supreme Court has decided to proceed with the staged implementation of what is now being called the "Nevada Plan." This system, approved through a joint report from various task forces, could launch within a year.
Overview of Nevada’s Current Bar Exam Structure
Nevada’s current bar exam consists of multiple components, including six one-hour essay questions designed by the state’s Board of Bar Examiners, the Multistate Bar Exam (MBE), and two two-hour foundational skills questions that evaluate candidates on practical lawyering tasks. The new proposal shifts this framework into a three-step process, allowing for more flexibility and practical application.
Three-Step Bar Licensure Process Under the Nevada Plan
1. Foundational Law Exam (Multiple-Choice Test)
The first stage introduces a multiple-choice exam that focuses on seven core MBE subjects. This 100-question exam will be available at various testing centers across the country four times a year. Law students can take the test as early as after completing their third semester of law school. Nevada may initially use California’s multiple-choice test, which is scheduled to launch in February 2025 in collaboration with Kaplan.
2. One-Day Performance Exam
After graduating, candidates will take a one-day performance exam in Nevada, consisting of three two-hour tests. These performance-based tasks will require applicants to draft legal documents like briefs, memos, or opinions using provided statutes and authorities, closely mirroring real-world legal practice.
3. Supervised Practice Requirement
The final step includes 40 to 60 hours of supervised legal practice, which can be completed through law school clinics, externships, or legal aid organizations under the supervision of a licensed attorney. This practical training phase is designed to ensure that candidates gain hands-on experience before full licensure.
California and Kaplan’s Role in Nevada’s Transition
Nevada has been in ongoing discussions with the State Bar of California regarding the possible integration of Kaplan’s multiple-choice exam for the first stage of the Nevada Plan. A meeting between the two states took place in mid-September to iron out details, including costs and the logistics of using California’s exam questions for Nevada's 2025 bar exam. Kaplan, while refraining from public comment on the deal, has been pivotal in the development of California's new bar exam.
Flexibility and Faster Licensing for Law Students
The new system allows law students from other states to complete two-thirds of the bar exam process during law school, potentially speeding up the path to licensure. The final portion, involving supervised practice, will not require memorization, and the practical focus of the test could lead to faster licensure compared to the current bar exam or NCBE’s NextGen.
Ohio State University law professor emerita Deborah Jones Merritt commented that Nevada’s plan could allow for quicker licensure while still thoroughly testing practical legal competencies, offering a more streamlined alternative to existing bar exams.
Concerns Over Score Portability
With Nevada moving away from the MBE, concerns have arisen about the portability of bar exam scores between states. Currently, 14 jurisdictions accept transferred MBE scores from Nevada candidates, but this score-sharing system will likely disappear with Nevada's new exam structure. Judith Gundersen, president of NCBE, noted that score transferability could become a challenge for Nevada candidates under the new regime.
Other States Eye Nevada’s Approach
Nevada’s staged bar licensure model has attracted interest from other states looking for alternatives to traditional bar exams. Trachok has indicated that Nevada is working with vendors to develop a bank of 1,000 multiple-choice questions to support the Foundational Law Exam beyond 2025. The state is also engaged in conversations with the Conference of Chief Justices and other jurisdictions interested in reforming their bar admissions processes.
The success of Nevada’s bar exam overhaul could inspire other states to adopt similar reforms, especially as concerns about the cost and accessibility of bar exams grow. Merritt, involved in both Nevada’s task forces and national discussions on bar reform, believes Nevada’s exam offers a more competency-focused, affordable, and flexible pathway to licensure.
Growing Trend in Legal Licensure Reform
Nevada’s move is part of a broader national trend toward reevaluating legal licensure. Several states are exploring alternatives to the traditional bar exam in response to growing concerns about the fairness, cost, and accessibility of the test. Oregon, for example, recently launched a popular apprenticeship program as an alternative to the bar exam, while Washington State has also approved a skills coursework option.
Earlier this year, the ABA Section of Legal Education and Admissions to the Bar approved a policy shift that allows states to explore new licensure methods. Nevada’s unique three-stage approach may soon serve as a model for states seeking to modernize their legal admissions process.
The Future of Nevada’s Legal Landscape
With Nevada poised to implement its innovative bar exam system, the state is set to offer a more flexible and practical path to legal licensure. Unlike other jurisdictions that provide multiple licensure options, Nevada’s new approach will be the sole pathway to joining the bar, further highlighting the state's commitment to reforming the bar admissions process to better serve new lawyers and the public alike.
Nevada’s only law school, the University of Nevada, Las Vegas William S. Boyd School of Law, will play a pivotal role in shaping this new system. Between 2019 and 2023, Nevada admitted an average of 299 bar examinees annually, with a pass rate of 59%. The state hopes the new system will both increase pass rates and ensure that new lawyers are well-prepared to meet the demands of legal practice.
