Does the Multistate Bar Exam Validly Measure Attorney Competence?

82 Ohio State Law Journal Online 31 https://moritzlaw.osu.edu/oslj/osljonline/does-the-multistate-bar-exam-validly-measure-attorney-competence/ https://moritzlaw.osu.edu/oslj/oslj-online/

12 Pages Posted: 24 Mar 2021

See all articles by Steven Foster

Steven Foster

Oklahoma City University School of Law

Date Written: January 4, 2021

Abstract

2020 brought many challenges, which included administering the bar exam. States jumped through numerous obstacles to continue administering the current form of the exam. However, the current bar exam has never been proven to be a valid measure of attorney competence. This article offers evidence the Multistate Bar Exam (MBE), is invalid. The exam, in other words, does not measure the knowledge and skills that lawyers use in practice. On the contrary, it is an artificial barrier to practice—one that harms the public by failing to screen for the knowledge and skills that clients need from their attorneys.

Keywords: bar exam, multistate bar exam, MBE

Suggested Citation

Foster, Steven, Does the Multistate Bar Exam Validly Measure Attorney Competence? (January 4, 2021). 82 Ohio State Law Journal Online 31 https://moritzlaw.osu.edu/oslj/osljonline/does-the-multistate-bar-exam-validly-measure-attorney-competence/ https://moritzlaw.osu.edu/oslj/oslj-online/, Available at SSRN: https://ssrn.com/abstract=3759924

Steven Foster (Contact Author)

Oklahoma City University School of Law ( email )

2501 N. Blackwelder
Oklahoma City, OK 73106
United States

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