Vermont Bar Exam To Be Administered Remotely In October

The Vermont Bar Exam was originally scheduled for July 28 and 29.  Given the pandemic, the Supreme Court previously rescheduled the exam for September 9 & 10.  The goal was to hold the exam in-person.  Today, amid continuing concerns related to the pandemic, the Court announced that the Vermont bar exam will be administered remotely on October 5 & 6.  For more on the remote exam, see the update at the end of this post.

The Court’s order is part of today’s update to the Administrative Order 49, the order declaring a Judicial Emergency.  Per the order:

• the remote exam will be created by the National Conference of Bar Examiners (NCBE).  This is not new, as the NCBE already creates the Uniform Bar Exam (UBE).
• the exam will be shorter than usual.
• applicants may opt out of the remote administration and either (1) receive a full refund; or (2) be registered for the February 21 administration of the Uniform Bar Exam.
• the Board of Bar Examiners may enter into agreements regarding score portability with other jurisdictions.  This is analogous to the current practice in which scores on the Uniform Bar Exam are portable.  For example, Vermont’s “cut score” on the UBE is 270.  An applicant is eligible for admission to the Vermont bar no matter the UBE jurisdiction in which the applicant scores a 270 or better.

The pandemic has forced state Supreme Courts and bar administrators to make difficult decisions with respect to exam.  As this chart shows, the response varies by jurisdiction.  Similarly, after causing a premature end to their final semester, the pandemic continues to exact an emotional and financial toll from recent graduates whose job offers are conditioned upon passing the bar exam.

For questions specific to the bar exam, please contact Andy Strauss. Andy is Vermont’s Licensing Counsel.

Meanwhile, if you or someone you know needs assistance coping with delays associated with pandemic, please do not hesitate to reach out to me. In the meantime, here is a list of resources available to anyone who needs help with behavioral health issues.

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UPDATE: 4:06 PM – I should’ve included this in the original post.  Here is what the NCBE’s website has about the remote exam:

NCBE to Provide Additional Support for Jurisdictions During COVID-19 Crisis

NCBE will provide a limited set of questions (MBE, MEE, MPT) to jurisdictions for an emergency remote testing option for local admission during the COVID-19 crisis. The materials will be offered for a remote administration on October 5–6, after all three administrations of the bar exam/Uniform Bar Exam (UBE) have occurred, and will provide jurisdictions an emergency option should administering the in-person bar exam not be possible.

This remote testing option will not constitute the full bar exam or the UBE. Scores earned on the remotely administered test will be used for local admission decisions only, and will not qualify as UBE scores. The scores will not be eligible to be transferred as UBE or MBE scores to other jurisdictions or released to candidates via NCBE Score Services.

The emergency remote option follows steps we have previously taken to support our stakeholders in light of the COVID-19 crisis. In early April, we announced we would provide materials for two additional fall administrations of the bar exam/UBE (September 9–10 and September 30–October 1) in addition to the July 28–29 exam.

Nearly all jurisdictions are planning to hold the in-person bar exam this year on one of these scheduled administrations, while making provisions for social distancing and other safety measures. (For information about jurisdiction announcements, visit our July 2020 Bar Exam: Jurisdiction Information page.)

In providing the remote testing option, NCBE is responding proactively to the continuing uncertainty the upcoming months will bring, and the possibility that local or state health and safety restrictions will prohibit in-person testing.

“NCBE understands the enormous challenges facing recent law graduates during the COVID-19 pandemic, including the uncertainty over whether they will be able to sit for the bar exam, which is why we have taken additional steps to facilitate licensure in 2020,” said NCBE president and CEO Judith Gundersen.

“NCBE continues to strongly advocate that a full-length, standard, in-person administration of the bar exam/UBE is best for a number of reasons, including psychometric issues, exam security, and the testing environment of candidates, who may not have access to comparable testing conditions or equipment. We recognize, however, that these are extraordinary times. It is worth noting that many other high-stakes professional licensing exams, such as those for the medical, health care, engineering, and public accounting professions, are to the best of our  knowledge still being held in person or are being postponed until they can be held in person,” Gundersen concluded.

Each jurisdiction will have flexibility in deciding which of the abbreviated test materials to use. While the materials’ subject matter coverage will follow NCBE’s subject matter outlines for the three tests, less content will be covered in shorter testing sessions.

Jurisdictions that must use the remote testing option will have candidates using their own computers in their own testing environments and may choose from among the three technology vendors that already assist jurisdictions with in-person bar exam administration. Each jurisdiction (and its candidates) will deal directly with the jurisdiction’s chosen vendor regarding registration and administration, just as they do currently when laptops are used during the bar exam. NCBE’s role will be to make the test materials available to the vendor designated by each jurisdiction and establish the testing dates and start times for each set of materials.

Jurisdictions will be responsible for scoring the tests and interpreting candidate performance. NCBE will not equate the MBE portion or scale scores from the written portion of the test to the standardized MBE portion as we would do for the standard, full-length bar exam. Without further research, scores from an abbreviated version of the MBE administered by remote testing cannot be considered comparable to the standard, paper-based, full-length MBE administration, such comparability being an essential requirement for equating and scaling.

The February Bar Exam

I’m on my way to a watefront hotel!

Alas, both hotel and waterfront lie just south of the 45th parallel.  As Jimmy sings, I need a change in latitude.

Anyhow, the bar exam begins today.  As soon as I publish this post, I’ll walk the block-and-a-half to the host hotel to help register 104 prospective lawyers who will sit for the Vermont administration of the exam.

The exam they’ll take is not the same exam that many of you took.  In 2016, the Vermont Supreme Court adopted the Uniform Bar Exam (UBE).  For an explanation of how the UBE works, check out this post from February 2017.  In short, the UBE is the same in each of the 35 (or) states that have adopted it.  While each jurisdiction sets its own passing – or “cut” – score, scores are portable.  So, for example, an examinee who sits for the Vermont administration of the exam can use their score to apply for admission in any of the UBE states.

For years, I’ve used this blog to preach an attorney’s duty of competence.  The UBE is one of the initial tools we use to measure competence.  Indeed, in a Q& that I did with Keith Kasper and Andy Strauss, Keith opened by stating that:

• “The UBE is a measure to assure that those applicants we certify for licensure are qualified to practice law. Unfortunately, a law school degree is not sufficient. While not part of the UBE, the MPRE (Multistate Professional Responsibility Exam) is utilized by most states to assure that bar applicants have studied not only the substantive aspects of the law but the ethical requirements of being a lawyer. On the other hand, the UBE evaluates the core legal knowledge of the applicants as to the most important aspects of a modern law practice.  It undergoes periodic review and updating to reflect the modern practice of law in this country. One of the most recent changes since you and I took the bar exam is to add federal civil procedure to the Multistate Bar Exam (“MBE”) portion of the UBE, as procedural aspects of the practice of law are also of great importance to the competent practice of law.”

You can read the full interview here.

Finally, odds are that between 60 and 70 of today’s examinees will attain the 270 that Vermont requires for admission.  Hopefully, many of those who do will stay in Vermont to practice.  To do so, and once approved by the Character & Fitness Committee, they’ll have one year to:

• complete 15 hours (at least 6 of which must be “live”) of continuing legal education in Vermont practice & procedure that has been approved by the Continuing Legal Education Board and certified by the Board of Bar Examiners; and,
• complete a mentorship.

Failure to complete the CLE or mentorship results in an administrative suspension that can only be cured by completion.

The current list of approved CLE courses is HERE.  An outline of the mentorship program is HERE.

We can never have too many mentors.  If you’re willing to serve, let me know and I’ll put you on the list.

 

The bar exam: a Q&A with the examiners

The bar exam begins today.

Forty-one aspiring members of the Vermont bar will be there.  I’ll be there too, as a proctor.  That’s a good thing.  I have a better chance of skiing Paradise from top to bottom without falling than I do of passing the bar exam.  And I say that knowing full well that I don’t know how to ski.

These days, Vermont’s bar exam is much different than many of you remember.  In 2016, Vermont switched to the Uniform Bar Exam (“UBE”).  For an overview of the UBE, check out this post from last summer.

Today, I’m happy to be able to share additional information about the exam, courtesy of Keith Kasper and Andy Strauss.  Keith chairs the Board of Bar Examiners (“BBE”) and is a regular member of the #fiveforfriday Honor Roll in Legal Ethics.  Andy is Vermont’s Licensing Counsel and is responsible for the administration of the bar exam.  They were kind enough to take time out from exam prep to answer questions.

All mistakes are mine.

MK:  In legal ethics, the very first rule requires lawyers to provide clients with competent representation. To some degree, is that what the UBE is intended to do? Help us to identify lawyers who meet (or exceed) a minimal level of competence?  That is, the UBE is more than testing who can remember the most from law school, right?

Keith:  The UBE is a measure to assure that those applicants we certify for licensure are qualified to practice law. Unfortunately, a law school degree is not sufficient. While not part of the UBE, the MPRE (Multistate Professional Responsibility Exam) is utilized by most states to assure that bar applicants have studied not only the substantive aspects of the law but the ethical requirements of being a lawyer. On the other hand, the UBE evaluates the core legal knowledge of the applicants as to the most important aspects of a modern law practice.  It undergoes periodic review and updating to reflect the modern practice of law in this country. One of the most recent changes since you and I took the bar exam is to add federal civil procedure to the Multistate Bar Exam (“MBE”) portion of the UBE, as procedural aspects of the practice of law are also of great importance to the competent practice of law.

MK:  Competence is key!  So, conflicts of interest are a big thing in my world.  I know that some in the state were “conflicted” about the change from the so-called “Vermont-specific essays” to the written portions of the UBE.  Can you share the BBE’s thinking on the change?  Was it a tough decision? And, any thoughts on how it has worked out?

 Keith: It was a tough decision, one that took years to ultimately make. However, I would phrase the decision in terms of competence. The Board ultimately decided that professional test developers would do a better job drafting bar exam questions more consistently year over year than us part-time amateurs were able to do. We did lose the ability to test on Vermont specific items, but we addressed this issue by requiring new lawyers to take 15 hours of CLE in the basics of Vermont practice and procedure. In addition, we replaced the old pre-admission clerkship requirement with a new one year post admission mentorship program to try to push new lawyers out into the legal community to experience as wide an array of Vermont law and practice as pragmatically possible, and to give new lawyers a mentor they can go to at almost any point in their career with questions as to Vermont law and practice. So, while I do miss drafting bar exam questions, (Anybody out there remember a Workers’ Compensation/Tort bar exam question?) I think the bar, bar applicants and the public are better served with these new admission requirements.

MK Note: the CLE & mentorship requirements that Keith mentioned are here.

MK:  I speak and blog often on attorney wellness. Wellness includes stress management.   When I took the bar exam, there was a thunderstorm that knocked out the power.  Talk about stressful!  I know that the Board and Andy work hard to ensure that the testing environment is as conducive to success as possible.  Are there any challenges with making an otherwise stressful event as stress-free as possible?

Andy: One challenge is that we rely on an outside vendor to provide the software for those examinees who want to take the exam by laptop.  It can be stressful when one or two (or more) people are having difficulty getting set up with the software right before the exam.  But the software package is good, and the vendor is responsive on exam day and provides us with an on-site technology person.

MK:  I remember “Barmageddon” in the summer of 2015.  Fortunately, we didn’t run into any serious problems here.  But I worried for some of the examinees as the uploads stalled.

Andy: One thing I’ve noticed is that, although the examinees are involved in a stressful exam situation, they are for the most part polite and friendly on exam day.  Not having people get upset or angry or impatient goes a long way towards a smooth exam administration.

The other thing that is important is for myself and the other staff helping to put on the exam to recognize that the examinees are full of stress and to be as friendly, helpful, patient, and understanding as possible.  I think we do a great job at that.  I also take that approach in all of my interactions with examinees during the application process.

MK: Very interesting point Andy. I love that, at the bar exam, you W.I.N your 3-feet of influence.  I covered 4 or 5 exams and proctored many others. I too was often struck by how nice our examinees are.  Practicing lawyers should take note! Rule 3.5(d)!  Anyhow, as fortunate as we’ve been to enjoy such high-quality examinees, not all states are the same.  I know that folks in your job spend significant time & resources ferreting out cheaters.  What are a few of the craziest cheating stories you’ve heard?

Andy: To be honest, I haven’t really heard any crazy stories!  Sometimes I read about spy-like technology, like camera glasses and speaker earrings, but that’s really about it.

MK:  Dang. I was hoping you’d busted a twin taking it for her sister. But I suppose it’s good that you’ve not had to deal with anyone as audacious as my favorite bar exam fraudster: Mike Ross

So, speaking of technology.  A lot of lawyers might not know that examinees can now use their laptops for the essays.  About how many take advantage of that option? Can I assume the graders love it? Also, do you think we’ll see a day where the multiple-choice segment of the exam is digital or electronic

Andy: Almost all examinees take it on a laptop nowadays.  And I don’t think we’re that far from seeing the MBE (multiple choice) being taken electronically.  The ethics exam that the National Conference of Bar Examiners administers is about to be given electronically, so the MBE will probably follow not long after.

Here, unlike the cheating tools I mentioned, technology is definitely good.  I’m sure the graders are happy not to be trying to decipher handwriting as often as they used to, and I wouldn’t mind not having to sharpen 200 pencils before every exam.

MK:  The bar exam: the last bastion of the #2 pencil!

Next, I asked the same question of both Andy & Keith but had them answer separately and only to me.

For Keith:  You are an experienced practitioner. You’ve served on many VBA and Court projects and committees designed to improve the profession.  What’s something that the exam doesn’t test – in fact that may be impossible to test – that’s critical to a successful career as a lawyer?

Keith: On the national level one area that has been discussed would be client interview skills. My understanding is that they test patient evaluation skills for new doctors for the Doctor licensing exams. I think the issue is that we have so many more lawyers taking the bar exam then doctor’s taking their licensing exam that a nationwide evaluation of one on one people skills is just not practical to add to the bar exam.  However, people skills and listening to your client are vital to many areas of legal practice. (When one of my firm founding partners, John Fitzpatrick, took the bar exam back in 1958, there was an oral component to the bar exam in VT.) I personally have suggested to the National Conference of Bar Examiners adding administrative law to the mix of areas to be tested given how many lawyers deal with administrative law issues. One thing that has changed on the bar exam since you and I took it is adding a performance exam portion to the testing protocol. Essentially the applicant is given a file folder of factual materials and copies of all the law they need to know to complete the project (from the fictional state of Franklin). The applicant needs to complete the project (drafting a memo, for example) and determine what information is relevant and what is not to address the issue and apply the relevant law correctly to the project and understand what law is relevant to the issue. This test a different skill set from taking a multiple-choice test and writing a law school type essay answer which had previously been the focus of the bar exam. Again, the bar exam continues to evolve over time. The MPRE is being given on tablets this year with the thought that ultimately the National Conference would move to providing specially dedicated computers for applicants to take the bar exam. A long way from the old days of handwritten essay exams in blue books. Given my horrendous handwriting it is a miracle I passed!

For Andy: You have a varied background: private practice, criminal prosecutor, in-house counsel to a government agency. In your experience, what’s something that the bar exam doesn’t test – indeed, might be impossible to test – that is critical to success as a lawyer?

Andy:  I think the bar exam is good at testing legal analysis skills: discerning key facts, applying the law to those facts.  These skills are essential to success as a lawyer.  But unless you are an appellate lawyer, much if not most of your time will be spent doing other things.  As a prior litigator, I see the two most important “other things” as (1) communicating with clients, attorneys, and judges, and (2) gathering facts (i.e. depositions, client interviews, document review, etc.).  The MPT (the performance section of the exam) only grazes the surface of these.  So, if we are using the bar exam to ensure minimal professional competence, we need to figure out a way to test these areas.

That said, my personal experience from law school leads me to think that people are not getting much training in these areas during their legal education.  So, ensuring that new attorneys can communicate effectively and successfully gather facts likely requires a much larger change in how we train and evaluate new lawyers.

MK: Each of you has mentioned technology.  Has anyone ever suggested the bar exam should be open book? I mean, really, these days, our mobile devices allow us to look up answers on demand. So, it’s not like a lawyer will ever have to do something by memory.

Keith:  The open book issue has been raised in the past, but not recently. Not sure what the answer to that question is from a testing metrics perspective. I think the bigger problem with mobile devices is cheating: Is this your work or not? The National Conference usually has an eye-opening seminar every year on the new devices and methods of cheating. These days, we do not allow you to even bring your own watch or pencils into the testing room. A few years ago, someone’s wife took the bar exam for him in California after he had had multiple failures. I think they both got disbarred.

MK:  You are right!  The Los Angeles Times has the story here.  I admit, I had to look it up. I didn’t know it by memory.  Maybe she’s the one who inspired the creators of Mike Ross!

Several years ago, I was an associate examiner.  One of the essay questions was on professional responsibility.  Believe it or not, I was assigned to grade answers to that question.  True story: one person wrote something like: “I don’t know. I’d call Mike Kennedy.”    That must be worth something, right??

Keith:  That is definitely worth at least one point! It is impossible to know all the law. Knowing who to ask if you don’t know the answer is almost as good as knowing the answer itself.

 MK:  Great point, Keith. And one that goes to the value of the new mentorship program.  Okay, final question for each of you, a question related to attorney wellness.

Andy – you race Dragon Boats.  Not only “race,” you were in the world championships! I assume there won’t be drummers in the exam tomorrow.  Are there similarities in preparing for a dragon boat race and, say, the bar exam or an important hearing?

Andy: Now that’s an interesting question!  Here’s one thought:  Going into big performance challenges, such as a competition or a bar exam or a trial, there can be a rush of nervousness and even fear of failure.  I think that at those points, it is extremely important to consciously recognize how hard you have worked to prepare for the event and consciously put your trust in that training.  The nervousness may still be there, but your focus will be elsewhere.

And no, no drummers at the exam.  Just the silent ticking of the countdown clock!

MK:  Ha! If only Poe had written about the bar exam.  Keith – you’re a huge fan of The Grateful Dead.  A few weeks from now, you’ll be grading bar exams.  Which Dead show will be playing on your sound system?

Keith: Philadelphia 1987 (Place and year I graduated from law school.) Favorite song from that 3-night stand of concerts, and my theme song for when I was studying for the VT bar exam later that year: “I Need a Miracle Every Day!”

 MK:  Don’t we all!  Here’s the video.  Great stuff guys!  Thank you for taking the time, and thanks for all you do for Vermont’s legal profession!

 

The Vermont Bar Exam

As I’ve often blogged, the VERY FIRST RULE in the Rules of Professional Conduct requires lawyers to provide clients with competent representation. For good or bad, the profession’s initial measure of competence is the bar exam.

Today, just over 70 applicants for admission to the bar of the Vermont Supreme Court will gather in a conference room at the Burlington Hilton and sit for the Vermont administration of the Uniform Bar Exam.

Vermont adopted the Uniform Bar Exam (“UBE”) in 2016.  Many of you might not know what it entails.  So, to mark the day, here’s a revised version of a blog that I posted in February 2017.

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In February 2016, the Vermont Supreme Court adopted new Rules of Admission.  The rules went into effect on April 18, 2016.  Among the most significant changes:

• adopting the Uniform Bar Exam
• eliminating the so-called “clerkship”
• requiring successful examinees to complete Vermont-specific CLE and a “mentorship”

The Uniform Bar Exam

Vermont administers the Uniform Bar Exam (“UBE”).  What’s that mean? Most notably, it means that there are no Vermont-specific essays.

For many of you, the bar exam included 6 essay questions drafted by the Board of Bar Examiners that tested Vermont law.  No more. Now, the Vermont exam is, well, uniform. That is, an examinee who sits in Vermont takes the exact same exam as an examinee who sits in one of the 25 other UBE jurisdictions.

Essays have not disappeared altogether.  It’s just that the essay questions are the same in each UBE jurisdiction.

On the morning of Day 1, examinees take the Multistate Performance Test.  The MPT is best described HERE.

On the afternoon of Day 1, examinees take the Multistate Essay Examination.  The MEE is best described HERE.

MPT and MEE questions are drafted by the National Conference of Bar Examiners. (“NCBE”).  Answers, however, are graded by members of Vermont’s Board of Bar Examiners.

In another twist for those of you who, umm, are the opposite of “new” timers, over 90% of the examinees who sit today will take the MPT and MEE via laptop.  Each examinee brings his or her own laptop.  Each examinee will have downloaded softwared that (1) stores and uploads their essay answers directly to the NCBE; and, (2) blocks access to all other software & application on the laptop. The NCBE prints the answers and sends them Andy Strauss, Vermont’s licensing attorney, for distrubution to the graders.  As a former grader, I assure you that this is a good development.

Day 2 of the exam should be familiar to all: the Multistate Bar Examination.  You probably know it better as “the multiple choice.”

Scoring has changed a bit as well.  Over the past several years, examinees received an MBE score and an essay score.  To pass, an examinee had to score at least 135 on both the MBE and the essay.  The overall total did not matter.  Thus, an examinee who scored 135 on the MBE and a 135 on the essay passed, but an examinee who scored 170 on the MBE and 134 on the essay did not.

Now, examinees receive a UBE score that is a single number.  Members of the Board of Bar Examiners grade the written portions (MPT & MEE) and report the “raw scores”to the NCBE.  The NCBE scales an applicant’ raw scores on the written portions to the applicant’s score on the multiple choice (MBE).  Then, the NCBE calculates an applicant’s UBE score that is:

• 50% MBE
• 30% MEE
• 20% MPT

The NCBE reports scores back to each jurisdiction.

Each jurisdiction is allowed to set its own passing score. In the parlance, a passing score is referred to as a jurisdiction’s “cut score.”  Vermont’s cut score is 270.  If an applicant to the Vermont bar scores 270 or higher, the applicant’s application is forwarded to the Character & Fitness Committee for review.

UBE scores are portable.  In other words, a score is good in every UBE jurisdiction.  Like all UBE jurisdictions, Vermont allows examinees to apply for “admission by transferred  UBE score.”  For example, New Hampshire is a UBE jurisdiction. Odds are that someone who is taking today’s exam in New Hampshire will apply for admission in Vermont.  As long as the person scores at least a 270, the person is eligible for admission in Vermont, even having taken the exam in New Hampshire.

Important!  Achieving a 270 in another jurisdiction is NOT an automatic ticket into the Vermont bar. Applicants who score at least 270 in another UBE jurisdiction must still go through Vermont’s Character & Fitness review.

Elimination of the Clerkship

Many of you remember the “3-month clerkship.”  Some of you might remember the clerkship.  For some, it was 3 months.  For others, 6. Each was a pre-admission requirement.  Each has been eliminated.

CLE & Mentorship

The clerkship has been replaced by post-admission CLE and mentorship requirements.

An applicant is admitted to the Vermont bar upon passing the Uniform Bar Examination, passing the Multistate Professional Responsibility Examination, and being approved by the Character & Fitness Committee.  Then, the applicant has 1 year to:

• complete 15 hours (at least 6 of which must be “live”) of continuing legal education in Vermont practice & procedure that has been approved by the Continuing Legal Education Board and certified by the Board of Bar Examiners; and,
• complete a mentorship.

Failure to complete the CLE or mentorship results in an administrative suspension that can only be cured by completion.

The current list of approved CLE courses is HERE.  An outline of the mentorship program is HERE.

So, that’s how the bar exam works.

The Vermont Bar Exam

The bar exam is today and tomorrow.  Approximately 60 applicants for admission by examination will sit at the Capitol PLaza.  The following post originally ran on February 21, 2017.  

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The bar exam is today and tomorrow. As I type this entry, 40 aspiring members of the Vermont bar are 1 hour and 14 minutes into the exam.  I’m one of several proctors.

It’s not exactly legal ethics, but I thought I’d post a primer on the exam.  My sense is that not many Vermont attorneys know that the examination process changed significantly in 2016.

In February 2016, the Vermont Supreme Court adopted new Rules of Admission.  The rules went into effect on April 18, 2016.  Among the most significant changes:

• adopting the Uniform Bar Exam
• eliminating the so-called “clerkship”
• requiring successful examinees to complete Vermont-specific CLE and a “mentorship”

The Uniform Bar Exam

Vermont administers the Uniform Bar Exam (“UBE”).  What’s that mean? Most notably, it means that there are no Vermont-specific essays.

For many of you, the bar exam included 6 essay questions drafted by the Board of Bar Examiners that tested Vermont law.  No more. Now, the Vermont exam is, well, uniform. That is, an examinee who sits in Vermont takes the exact same exam as an examinee who sits in one of the 25 other UBE jurisdictions.

Essays have not disappeared altogether.  It’s just that the essay questions are the same in each UBE jurisdiction.

On the morning of Day 1, examinees take the Multistate Performance Test.  The MPT is best described HERE.

On the afternoon of Day 1, examinees take the Multistate Essay Examination.  The MEE is best described HERE.

MPT and MEE questions are drafted by the National Conference of Bar Examiners.  Answers, however, are graded by members of Vermont’s Board of Bar Examiners.

Day 2 of the exam should be familiar to all: the Multistate Bar Examination.  You probably know it better as “the multiple choice.”

Scoring has changed a bit as well.  Over the past several years, examinees received an MBE score and an essay score.  To pass, an examinee had to score at least 135 on both the MBE and the essay.  The overall total did not matter.  Thus, an examinee who scored 135 on the MBE and a 135 on the essay passed, but an examinee who scored 170 on the MBE and 134 on the essay did not.

Now, examinees receive a UBE score that is a single number.  Each UBE jurisdiction is authorized to set its own passing score. Not all are the same. A passing score in Vermont is 270.

UBE scores are portable.  In other words, a score is good in every UBE jurisdiction.  Like all UBE jurisdictions, Vermont allows examinees to apply for “admission by transferred  UBE score.”  For example, New Hampshire is a UBE jurisdiction. Odds are that someone who is taking today’s exam in New Hampshire will apply for admission in Vermont.  As long as the person scores at least a 270, the person is eligible for admission in Vermont, even having taken the exam in New Hampshire.

Important!  Achieving a 270 in another jurisdiction is NOT an automatic ticket into the Vermont bar. Applicants who score at least 270 in another UBE jurisdiction must still go through Vermont’s Character & Fitness review.

Elimination of the Clerkship

Many of you remember the “3-month clerkship.”  Some of you might remember the “6-month” clerkship.  Each was a pre-admission requirement.  Each has been eliminated.

CLE & Mentorship

The clerkship has been replaced by post-admission CLE and mentorship requirements.

An applicant is admitted to the Vermont bar upon passing the Uniform Bar Examination, passing the Multistate Professional Responsibility Examination, and being approved by the Character & Fitness Committee.  Then, the applicant has 1 year to:

• complete 15 hours (at least 6 of which must be “live”) of continuing legal education in Vermont practice & procedure that has been approved by the Continuing Legal Education Board and certified by the Board of Bar Examiners; and,
• complete a mentorship.

Failure to complete the CLE or mentorship results in an administrative suspension that can only be cured by completion.

For more information on the CLE and mentorship requirements, please visit this page.

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The Vermont Bar Exam

The bar exam is today and tomorrow. As I type this entry, 40 aspiring members of the Vermont bar are 1 hour and 14 minutes into the exam.  I’m one of several proctors.

It’s not exactly legal ethics, but I thought I’d post a primer on the exam.  My sense is that not many Vermont attorneys know that the examination process changed significantly in 2016.

In February 2016, the Vermont Supreme Court adopted new Rules of Admission.  The rules went into effect on April 18, 2016.  Among the most significant changes:

• adopting the Uniform Bar Exam
• eliminating the so-called “clerkship”
• requiring successful examinees to complete Vermont-specific CLE and a “mentorship”

The Uniform Bar Exam

Vermont administers the Uniform Bar Exam (“UBE”).  What’s that mean? Most notably, it means that there are no Vermont-specific essays.

For many of you, the bar exam included 6 essay questions drafted by the Board of Bar Examiners that tested Vermont law.  No more. Now, the Vermont exam is, well, uniform. That is, an examinee who sits in Vermont takes the exact same exam as an examinee who sits in one of the 25 other UBE jurisdictions.

Essays have not disappeared altogether.  It’s just that the essay questions are the same in each UBE jurisdiction.

On the morning of Day 1, examinees take the Multistate Performance Test.  The MPT is best described HERE.

On the afternoon of Day 1, examinees take the Multistate Essay Examination.  The MEE is best described HERE.

MPT and MEE questions are drafted by the National Conference of Bar Examiners.  Answers, however, are graded by members of Vermont’s Board of Bar Examiners.

Day 2 of the exam should be familiar to all: the Multistate Bar Examination.  You probably know it better as “the multiple choice.”

Scoring has changed a bit as well.  Over the past several years, examinees received an MBE score and an essay score.  To pass, an examinee had to score at least 135 on both the MBE and the essay.  The overall total did not matter.  Thus, an examinee who scored 135 on the MBE and a 135 on the essay passed, but an examinee who scored 170 on the MBE and 134 on the essay did not.

Now, examinees receive a UBE score that is a single number.  Each UBE jurisdiction is authorized to set its own passing score. Not all are the same. A passing score in Vermont is 270.

UBE scores are portable.  In other words, a score is good in every UBE jurisdiction.  Like all UBE jurisdictions, Vermont allows examinees to apply for “admission by transferred  UBE score.”  For example, New Hampshire is a UBE jurisdiction. Odds are that someone who is taking today’s exam in New Hampshire will apply for admission in Vermont.  As long as the person scores at least a 270, the person is eligible for admission in Vermont, even having taken the exam in New Hampshire.

Important!  Achieving a 270 in another jurisdiction is NOT an automatic ticket into the Vermont bar. Applicants who score at least 270 in another UBE jurisdiction must still go through Vermont’s Character & Fitness review.

Elimination of the Clerkship

Many of you remember the “3-month clerkship.”  Some of you might remember the “6-month” clerkship.  Each was a pre-admission requirement.  Each has been eliminated.

CLE & Mentorship

The clerkship has been replaced by post-admission CLE and mentorship requirements.

An applicant is admitted to the Vermont bar upon passing the Uniform Bar Examination, passing the Multistate Professional Responsibility Examination, and being approved by the Character & Fitness Committee.  Then, the applicant has 1 year to:

• complete 15 hours (at least 6 of which must be “live”) of continuing legal education in Vermont practice & procedure that has been approved by the Continuing Legal Education Board and certified by the Board of Bar Examiners; and,
• complete a mentorship.

Failure to complete the CLE or mentorship results in an administrative suspension that can only be cured by completion.

The current list of approved CLE courses is HERE.  An outline of the mentorship program is HERE.

So, that’s how the bar exam works.  And, now, the examinees are 2 hours and 1 minute into the MPT.