Top 25 “Overperforming” Law Schools in Bar Passage Rates Provide Students with Academic Support and Bar Prep Programming

When it comes to bar passage, not all law schools are created equal. A recent paper published in the Florida Law Review, and summarized by Law.com, analyzed law schools’ bar passage rates and found that some schools’ students are “outperforming” while others are “underperforming.”

Researchers conducted the analysis by looking at each ABA-accredited law school’s predicted pass rate compared to the actual pass rate for first-time test-takers over a six-year period. The study’s authors predicted the pass rate for each school by evaluating the students’ incoming credentials (e.g., LSAT) in each law class along with the average bar pass rate for the jurisdictions where the students take the bar exam. The actual rate incorporates both the relative and actual performance of students on the test.

The top 25 overperforming law schools—schools where the actual pass rates regularly surpass the predicted rates—are listed below. Law.com’s reprint of the list also includes the U.S. News and World Report ranking in parentheses.

1. Florida International (#60 in U.S. News)

2. Stanford (#1)

3. USC (#16)

4. UC-Berkeley (#10)

5. North Carolina (#22)

6. Belmont (#105)

7. Michigan (#10)

8. Florida State (#56)

9. UCLA (#14)

10. Virginia (#8)

11. Campbell (#125)

12. Yale (#1)

13. LSU (#99)

14. Georgia (#20)

15. Duke (#5)

16. Harvard (#5)

17. Wake Forest (#22)

18. Georgia State (#69)

19. Chicago (#3)

20. Penn (#4)

21. Illinois (#43)

22. Baylor (#49)

23. Washington & Lee (#40)

24. Liberty (#135)

25. Vanderbilt (#16)

In addition to the analysis, the study surveyed the overperforming and underperforming law schools on their approach to bar preparation. Ultimately, the report found a wide disparity in the curricular and extracurricular activities reported—not just between under and overperforming schools, but also within the cohort of overperforming schools. This suggests that a variety of support systems can effectively support students in passing the bar and that there is not a “one-size-fits-all” approach.

However, there were some interesting shared practices within the cohort of overperforming schools:

• Overperforming schools focused much more on first-year bar pass rather than the ultimate pass rate (pass rate within two years).

• Overperforming schools did not rely on entering students’ academic credentials to predict bar success. They acknowledge that there are many other factors, including student distraction and time constraints due to work, life, or other priorities, and/or the financial costs of law school or bar prep courses. The top performing schools attempt to mitigate these barriers directly, with resources that include academic support and bar prep programming.

• The top programs also targeted students at risk for bar failure based on first year GPA, rather than on their academic credentials prior to law school.

• Overperforming schools created an environment, an ethos, where faculty, staff, and students all believed that they could educate/be educated at the school for first-time bar success.

National Conference of Bar Examiners Releases Details on the NextGen Bar Exam

The students starting law school this year will be among the first to experience the NextGen Bar Exam, slated for release in July 2026. The National Conference of Bar Examiners just released a 42-page outline providing deeper insight into the updated exam. 

The NextGen Bar Exam’s development stemmed from calls to create an exam that more adequately tests the legal knowledge and skills necessary for legal professionals today. The current bar exam faced criticisms that it “doesn’t reflect the actual practice of law” and that it tested memorization of legal concepts rather than skills. 

Reuters provided a summary of the changes, which include:

• Removal of the current exam’s three component tests: Multistate Bar Examination, Multistate Essay Examination, and Multistate Performance Test

• Usage of an integrated format that tests both skills and knowledge

• Seven legal skill areas: client counseling and advising, client relationships and management, legal research, legal writing, and negotiations 

• Seven legal knowledge areas: business associations and relationships, civil procedure, constitutional law, contracts, criminal law and constitutional protections of accused persons, evidence, real property, and torts.

• The test will require memorization for some content, but it will also allow the use of support resources for designated subject matter areas. 

• The test will remove subject matter related to family law, estates and trusts, the uniform commercial code, and conflict of laws.

Although the NextGen Bar Exam will go live in July of 2026, states will determine which exam test-takers will receive for a specified period of time. After a period of no longer than five years, all jurisdictions will move to the NextGen exam. 

New Jersey Bar Association Advocates to Remove Mental Health Questions from Bar Applicant Questionnaire

New Jersey is the latest state to seek to abolish the mental health questions asked on the “character and fitness questionnaire” required of all Bar applicants. Late last month, the New Jersey State Bar officially requested that the NJ Supreme Court remove item 12B from the bar applicant questionnaire: Do you currently have any condition or impairment (including but not limited to substance abuse, alcohol abuse, or a mental, emotional, or nervous disorder or condition) that in any way affects your ability to practice law in a competent, ethical, and professional manner and in compliance with the Rules of Professional Conduct, the Rules of Court, and applicable case law? 

Jeralyn Lawrence, New Jersey State Bar Association President, speaking to the New Jersey Law Journal, explained the reasoning behind her advocacy for the change. “We are a profession in crisis. The pace of our practice is not sustainable. We need to remove barriers in place for people to get help, and 12b, we believe, is a barrier to the bar. We’re advocating strongly that the court remove that question so that it’s not a detriment to people getting help,” she said. 

Virginia and New York removed its mental health questions from the bar admission application in 2019 and 2020 following similar advocacy efforts by law students and interested groups. And, in January, Ohio abandoned questions related to diagnosis and only asks about mental health as it relates to disciplinary actions or guardianship/conservatorship. 

According to the ABA: 

• Fourteen states do not request a candidate’s mental health status in evaluating their fitness for the Bar: Arizona, Hawaii, Illinois, Iowa, Maine, Maryland, Massachusetts, Michigan, Mississippi, New York, Pennsylvania, Tennessee, Washington, and Wisconsin. 

• Four states—Indiana, Idaho, New Hampshire, and Texas—ask about mental health only in the context of disciplinary action. 

• One state—Ohio—asks about mental health only in the context of disciplinary action and court appointed guardianship/conservatorship. 

• Two states—California and Connecticut—ask about mental health only in the context of court appointed guardianship/conservatorship. 

• Ten states—Louisiana, Montana, New Mexico, North Carolina, North Dakota, Oklahoma, South Dakota, Vermont, West Virginia, and Wyoming), and Washington D.C.—have adopted the three mental health questions drafted by the National Conference of Bar Examiners (NCBE) that are shown below: 

1. Diagnosis:  Do you currently have any condition or impairment (including, but not limited to, substance abuse, alcohol abuse, or a mental, emotional, or nervous disorder or condition) that in any way affects your ability to practice law in a competent, ethical, and professional manner? Note: “Currently” means recent enough that the condition or impairment could reasonably affect your ability to function as a lawyer. 

2. Treatment: Are the limitations caused by your condition or impairment reduced or ameliorated because you receive ongoing treatment or because you participate in a monitoring or support program? 

3. Defense/Disciplinary Action: Within the past five years, have you asserted any condition or impairment as a defense, in mitigation, or as an explanation for your conduct in the course of any inquiry, any investigation, or any administrative or judicial proceeding by an educational institution, government agency, professional organization, or licensing authority; or in 10 years, connection with an employment disciplinary or termination procedure?

• Eleven states that do not follow the NCBE test—Alabama, Arkansas (disciplinary action only), Colorado, Delaware, Indiana (disciplinary action only), Kentucky, Nevada, New Hampshire (disciplinary action only), Oregon, Rhode Island, and Texas (disciplinary action only)—ask at least one of the NCBE questions. 

• Fifteen other states ask questions of their own drafting.

Bar Pass Rates Dip for First-time Takers in 2022

Over three-quarters, 78 percent, of law graduates who took the bar exam for the first time in 2022 received a passing score according to new data released by the American Bar Association. This is a slight decline in the first-time pass rate recorded in 2021 (80 percent) and 2020 (84 percent), although covid-necessitated modifications to the exam in those years make direct comparison difficult. 

The “ultimate bar pass rate,” or the percentage of law school graduates who pass the bar within two years, has increased this year. For the class of 2020, 91.9 percent passed the licensing exam within two years, up slightly from 91.3 percent in 2019 and 90.1 percent in 2018. 

While many of the most prestigious law programs boasted their highest pass rates, the percentage who passed did decrease for most schools when compared to 2021. 

Pilot Testing Underway for the Updated, Skills-Based Bar Exam

Students currently applying to law school will be the first to experience the Next Gen Bar exam, which is slated to roll out in 2026. The updated exam will test skills identified as necessary for entry into the legal profession, will cover eight subjects, as opposed to the current exam’s twelve, and will use computers for administration, rather than the current practice of pencil and paper. The National Conference of Bar Examiners (NCBE), which oversees the bar, will continue to administer the exam twice per year. 

The exam is currently still in development with the NCBE finalizing the content scope outline for the test. The initial draft of the scope content was provided for comment in the spring of this year and stakeholders including bar examiners, judges, law school deans, faculty, and administrators, law students, admissions officers, and attorneys provided almost 400 comments. The NCBE has also started to pilot test item sets. The item sets, which are groupings of test questions based on a legal scenario or procedural issue, will ask exam-takers to perform one or more legal skills. Item sets are designed to gauge both a test-taker’s knowledge of legal doctrine, as well as their proficiency in applying the requisite legal skill(s). The NCBE will use the pilot testing to gain insight into the role that resources play in assisting test-takers, as well as the proper method to grade response items within item sets for reliable and accurate scoring. 

To learn more, visit the NCBE Next Gen Bar exam site. 

February Bar Exam Average Score Drops to Match All-Time Low

In a disappointing turn of events for many hopeful lawyers, the February 2022 bar exam results have dropped. The national average score decreased 1.4 points from last year’s February exam to 132.6, which matches the all-time low score garnered in February 2020. Of the twenty states who have reported their February bar exam results, twelve states’ pass rates have decreased. Just six states have seen increases and two states’ rates have held steady. 

New York—the largest bar exam jurisdiction—saw a decrease from 49 percent last year to 45 percent this year, and Florida experienced a similar decline, dropping from a 47 percent pass rate to 43 percent. Pennsylvania and North Carolina experienced more significant declines dropping 14 and ten percentage points, respectively. Among the six states with increasing pass rates were Illinois (up one percentage point from last year, to 43 percent), North Dakota (up 13 percentage points to an impressive 68 percent), and West Virginia (up eight percentage points to 56 percent). 

This year’s exam was notable in that it brought almost all test-takers back to in-person testing sites (with the exception of Nevada, which was experiencing the Omicron COVID-19 surge at the time). Last year, just 16 sites provided in-person testing while all others opted to provide the exam virtually due to the pandemic. 

The National Conference of Bar Examiners’ director of assessment and research, Rosemary Reshetar, reacted to the lower average by pointing out that various factors combine to influence the results. She noted that the February test cohort is smaller than it is for the July exam, which means that the scores tend to fluctuate more from year-to-year. She also said that this year’s February test-takers included more repeat examinees (68 percent) compared to the previous year, and that repeaters tend to have a higher fail rate than first time test-takers. 

National Bar Exam Results Remain Stable, but Early State-Level Reports Show Declining Pass Rates

An article published last week on Law.com proclaims that the early results for the July 2021 multi-state bar exam were “less drama-filled than the exam itself” with the national mean scaled score falling only slightly compared to 2019. The national mean score, 140.4, was released last Wednesday by The National Conference of Bar Examiners and showed a decrease of just 0.7 from the pre-pandemic July 2019 national mean of 141.1 (the last time a full national group took the test). This year’s mean was also generally on-par with 2020, when due to the ongoing pandemic, the test was administered on three different dates with reported mean scores of: 141.6, 142.7, and 137.2. And, the mean score fared better than in 2018 when the mean was 139.5. 

While all states administered a bar exam in July, due to the pandemic, 24 jurisdictions offered the test in-person and 29 offered it via full-length online exam. Online test-takers reported an experience riddled with technical difficulties. For some, the remote-testing software crashed and forced a computer restart costing them valuable time—ranging from a few minutes to an hour and a half—and causing significant added stress.  

And, despite the similar mean-score comparisons at the national-level, an article from Reuters suggests that the early state-level pass rates are emerging as “ominous” indicators. Just nine states have published results, but eight of them are reporting lower pass rates than in 2020. While the number of test-takers in each state has been relatively small, Iowa’s pass rate decreased by 12 percentage points this year (71 percent passed in July), New Mexico’s decreased by 18 percentage points (71 percent), and Nebraska’s decreased by 17 percentage points (72 percent). In North Carolina, the overall pass rate dropped from 83 percent in 2020 to 75 percent this year, despite the passing score being decreased by 2 percentage points in response to the online test’s technical problems. South Dakota, at this point, is the only state to increase its pass rate (+ 3 percentage points year-over-year) to 73 percent. 

Five out of the nine reporting states gave full, in-person exams both this year and last, and four out of five of them reported drops in pass-rates. This suggests that not all of the blame can be put upon the online test. University of Iowa law professor Derek Muller, speaking to Reuters, points to pandemic fatigue and learning loss related to law schools’ move to online and hybrid learning. “That’s showing in the results now. That’s just speculation, so I think we’re going to want to see more about it. But that’s something law schools should be looking really hard at,” he said. 

While the National Conference of Bar Examiners has already said that the bar exam will no longer be available in an online format and will return to in-person testing only, it will be interesting to see the pass results for other jurisdictions. Law schools may find it necessary to provide additional support to students.

Rather than Grant Diploma Privilege, New York State Opts to Provide Remote Bar Exam

Late last week, the New York Court of Appeals announced that it would be offering an online bar exam in October, as a one-time, emergency option in lieu of an in-person exam. Earlier this month, the state cancelled the September in-person test due to coronavirus-related safety concerns, without communicating an alternative. Since then, law grads, state lawmakers, and all 15 NY law school deans have increasingly pressured the state to grant “diploma privilege,” which provides law school graduates licensure without having to sit for the bar exam. The proponents behind the push, which is also occurring in jurisdictions throughout the nation, argue that while an in-person test constitutes a health risk, delays in examinations and licensure can put financial pressure on graduates with student loans. At this point, just four states – Louisiana, Washington, Oregon, and Utah – have decided to grant diploma privilege.

The New York Court of Appeals established a court-appointed working group to consider the various licensure alternatives, including diploma privilege. The group, however, found the remote exam to provide the best alternative to the in-person exam, noting the role that exam-based licensure plays in promoting consumer confidence. In its announcement, the court made the point that the bar exam “provides critical assurance to the public that admitted attorneys meet minimum competency requirements, emphasizing New York’s immense candidate pool as well as the degree of variation in legal curricula across the country.” The working group did remark that the online test was the best option, but not without its shortcomings. To minimize those, the working group consulted with experts in security, technology, and psychometrics to “ensure broad access, mitigate security risks, and establish a reliable grading methodology.”

New York is among a growing number of jurisdictions, including California, Illinois, Pennsylvania, Ohio, Massachusetts, New Jersey, Connecticut, Maryland, Washington D.C., Vermont, New Hampshire, Kentucky, Texas, Arizona, Oregon, and Tennessee that have opted to provide the October online bar exam. The working group further recommended that New York look into offering reciprocity to other states and jurisdictions offering the online option, which would mean that the bar exam scores could be transferred to other jurisdictions for bar admittance. Six localities, New Jersey, Maryland, Massachusetts, Kentucky, Tennessee, and Washington D.C. have established reciprocity and New Hampshire, Vermont, Ohio, and Illinois have also expressed interest in pursuing reciprocity agreements.

12 New York Law Schools See Decrease in Bar Pass Rates

For first-time test takers in July 2018, the New York State Bar pass rate decreased at 12 of 15 New York law schools compared to July 2017. The decreases ranged from a minor 1.6 percentage points at Cornell to 16.2 percentage points at Touro. Nine of the programs’ pass rates fell below the statewide rate of 83 percent, which also decreased by three points from 2017. Graduates from just three New York law schools, NYU, Columbia, and Albany, increased their pass rate.

When asked about the pass rates by representatives from the New York Law Journal, law school deans spoke about the programs they are implementing to support students taking the bar, as well as interventions they’ve put in place for students perceived to be at-risk for failure.

"The faculty and I have been implementing extensive reforms involving changes in the classroom, curriculum and culture of the school. We expect these changes to be reflected favorably in future results. Some of the changes are still being implemented. We intend to accelerate their implementation effective immediately. We will be re-examining in minutest detail everything we do, in and outside of the classroom, to assure that the continued implementation of reforms, from evidence-based teaching to curricular reform, is successful." Harry Ballan, dean of Touro College Jacob D. Fuchsberg Law Center

“As dean, my leadership approach is to think in terms of a multi-year strategic plan, and one of my very highest priorities remains to increase and maintain the bar passage rate. We have also had many successes across all areas of the law school in just these last two years — job placement, building enhancements, our medical-legal partnership and veterans clinic—and I believe that we have a comprehensive Raising the Bar program and an extensive plan in place for future bar successes,” Gail Prudenti, dean of the Maurice A. Deane School of Law at Hofstra University

 "I won’t be satisfied with Cornell’s performance until we achieve a 100% pass rate.  And we have taken steps to provide academic support to law students we perceive to be at risk for failing the bar." Eduardo M. Peñalver, dean, Cornell Law School. 

Take-aways for Current and Prospective Law School Students--

For current students:

• Speak with recent graduates of your law school to find out how prepared they felt taking the bar exam. Ask how they would have changed their preparation method and if they have recommendations to share.

• When interviewing with firms, find out how they support associates who are taking the bar. Also, take advantage of your summer position to speak with new full-time hires who are preparing for the bar to learn from their experiences.

• Familiarize yourself with programs your school offers and seek outside programming, if necessary, to ensure you will be prepared. The American Bar Association bar prep page includes resources and discounts for bar prep courses.

For prospective students:

• During the school-selection process, be sure to consider the bar pass rate. Past bar pass rates are available from the Internet Legal Research Group and are included as a small component in the U.S. News and World Report Law School Rankings.

• When you visit or communicate with program representatives, ask how they currently assist third year students and graduates in preparing for the exam and what new initiatives they may be implementing.