State Bar Examination

I am about to take the California bar exam for the fourth time. The Fourth Time! Is it because I am stupid? Not if you talk to anyone who knows me. Is it because I would be an incompetent lawyer? Not if you talk to my attorney friends. It is because the California bar exam is designed to be failed.

Each successive year the Committee of Bar Examiners has made it more difficult to pass the exam. Gone is choosing three essays out of four in each testing session. Gone is passing the exam in parts. Gone is transferring multistate bar exam scores taken in other states to apply to the California exam. Added is the performance test, which adds four hours to the exam and which has been more severely graded in each testing since its introduction.

Keeping the bar exam passing rate low benefits existing lawyers by protecting their incomes. It maintains “Old School Tie-ism” by closing the practice of law to those who have never been “members of the club,” minorities, women and working students. It creates land office business for commercial bar review courses, which are run by lawyers and thrive on repeat takers (since the law schools in California do not teach how to pass the bar exam or how to practice law, but only how to graduate from law school.)

California law students deserve the right to use their educations to make a living. California citizens deserve attorneys who are reasonable and competent and reflect the diversity that is the hallmark of our State. To create these opportunities, the California Committee of Bar Examiners must revise the grading scheme to bring it in line with the other seemingly more enlightened states of this country.

ELISE BERARU

Beverly Hills