Bar hires communications company to answer questions about exam, as complaints mount

The State Bar has hired a consultant firm to handle questions about the October bar exam, being held for the first time online, four months late and with a lower passing score as questions mount about the integrity of the software being used for the test.

Mock exams are revealing several technical problems with the software for the Oct. 5-6 bar exam, according to bar applicants.

"We have engaged consultants who will be supporting us on media inquiries connected to the October bar exam (and its myriad related issues)," bar spokeswoman Teresa Ruano said in an email Wednesday. She said the contract was for $48,000.

In response to questions about the applicants' problems and critical reviews of ExamSoft, the company that provides software, she said the media will get answers about the exam directly from Abernathy MacGregor, a 35-year-old strategic communications company.

Later, a statement on the ExamSoft issues from Donna Hershkowitz, interim director of the bar, was provided by Abernathy MacGregor.

Hershkowitz was quoted as saying, "The State Bar of California takes these matters seriously and is working diligently with ExamSoft to address them and provide updates for applicants in a timely manner."

The statement also said, "Under the direction of the State Supreme Court of California, the State Bar continues to work around the clock to plan for and administer the upcoming exam in a fair and secure manner while protecting the integrity of the legal profession in the public interest of all Californians."

Jennifer Stanley, a graduate from the University of La Verne College of Law, said she has tried since Monday to submit the obligatory mock exams before the deadline on Sept. 18.

ExamSoft initially told her that the photo she submitted of herself did not fulfill the requirements, she said. But after Stanley took a new picture, she's been trying to resubmit the mock exams several times without any luck or help from either ExamSoft or the bar, she said.

"The stress is getting so much because the ball is not in my court," Stanley said. "I've spent so much money on a private bar prep coach and I've been studying since January. And then that might all be tossed out the window because of something that's not my fault."

On Twitter, people have reported that users of Apple products can copy and paste content from an iPhone into the software if the user is using a MacBook, meaning that applicants could potentially use their notes to help them cheat during the exam.

In an email, Nici Sandberg, associate director of marketing content and communications at ExamSoft, said since each exam is video recorded, such activity would be flagged by their software and human proctors "for multiple reasons such as eyes leaving the computer screen, a phone in view of the camera, and/or secondary screen glare."

The appearance of large text showing up out of nowhere would also be noted, Sandberg said.

But other vendors that were initially going to administer the exam in other states have already dropped out. The Florida Board of Bar Examiners ditched ILG Technologies after the company received several complaints about its software.

The other major vendor, Extegrity, chose not to participate in the bar exam, saying in a statement that remote proctoring "was not envisioned for use on large-scale, simultaneous-start event exams."

Pilar Escontrias, co-founder of the student advocacy group United for Diploma Privilege, said the group informed the bar in July about the issues applicants face.

"The recent revelations of applicant issues with ExamSoft should not be a shock to either the State Bar of California or the Supreme Court," Escontrias said in an email. "They have been on notice of potential security breaches since July, when we first alerted the court in our report that the technology was not adequately developed. Further, United for Diploma Privilege wrote to all state bars on Sept. 8, 2020 with information related to potential security breaches and vulnerabilities in exam software. California never responded acknowledging this letter."

The group advocates for law graduates being licensed without taking an exam.

Octavia Carson, a graduate from Thomas Jefferson School of Law, bought a brand-new laptop to avoid overheating that other applicants have experienced, she said, and was also concerned about potential security breaches when using ExamSoft.

But even with her new laptop, uploading the video monitoring and her answers to the mock exam took longer than the break applicants will have between the different test sessions, Carson said.

"I was paying attention to that because if my answer isn't uploading on time for me to get to the next question, then I may be automatically failed," Carson said. "And at the same time, we'd have no bathroom breaks."

Exam-takers have until noon the next day to upload their answers and do not need to upload to proceed with the exam, bar spokeswoman Ruano said in an email on Thursday. After that, points will be deleted from the exam-taker's score if they fail to uphold their answers, she said, referring to a frequently answered questions section on the bar website.

Rebekah Merrill-Callaway graduated from Southwestern Law School and is a senior paralegal at the Los Angeles County public defender's office. She has also tried to communicate with the bar and inform them of issues applicants such as herself are experiencing, she said.

"I feel that they're uninformed and not alert," Merrill-Callaway said. "They've taken what ExamSoft tells them that this is not a problem hook, line and sinker."