State Bar & Bar Associations,
Legal Education,
Covid Columns
Oct. 2, 2020
COVID-19 pandemic brings problems with bar exam into sharp relief
The COVID-19 pandemic has brought the long-overlooked problems of the California bar exam into sharp relief. Put frankly, the bar exam does little to protect the public; it unreasonably distorts the legal community; and, especially for the October 2020 exam, it endangers the examinees themselves.
Kurt Watkins
Kurt is a six-year New Jersey and New York licensed attorney. A family member's company was recently harmed by engaging a licensed California attorney who provided incompetent services. Having passed his moral character and fitness exam and in compliance with California Rule of Court 9.46, he moved to California this summer to be their general counsel. However, since he has not passed the bar exam, he is deemed not to possess the "minimum competence" to practice law in California generally.
The COVID-19 pandemic has brought the long-overlooked problems of the California bar exam into sharp relief. Put frankly, the bar exam does little to protect the public; it unreasonably distorts the legal community; and, especially for the October 2020 exam, it endangers the examinees themselves. These issues stem from three problems: (i) the exam does not accurately measure competency, (ii) the exam arbitrarily limits the legal market available to the public, and (ii...
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