The Two-Tiered Bar Exam: How the NextGen Bar Is Reshaping Law Firm Hiring

Published:  Apr 07, 2025

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The legal profession is undergoing its most significant credentialing shift in half a century. The Next Generation Bar Exam (NextGen), scheduled for nationwide rollout in July 2026, is already reshaping how law firms evaluate and hire talent. Unlike the traditional Uniform Bar Exam (UBE), which tests memorization of legal doctrines through essays and multiple-choice questions, the NextGen Bar Exam prioritizes practical lawyering skills. According to the National Conference of Bar Examiners (NCBE) (https://nextgenbarexam.ncbex.org), 55% of the exam now assesses task-based competencies such as client counseling, contract drafting, and negotiation simulations. This shift reflects a broader industry demand for "practice-ready" associates who can deliver immediate value to clients.

California’s 2025 pilot program (https://www.calbar.ca.gov/Portals/0/documents/reports/NextGen-Pilot-2025.pdf)—the largest to date—revealed surprising outcomes. Graduates from the University of Nevada Las Vegas (UNLV) William S. Boyd School of Law achieved a 92% pass rate on practical tasks, outperforming Stanford Law School (89%) and UC Berkeley School of Law (87%). UNLV’s success stems from its emphasis on Nevada-specific skills like gaming law compliance and mining lease negotiations, which align closely with the NextGen’s state-customized modules. Northeastern University School of Law (https://law.northeastern.edu/academics/experiential-learning) reported a 40% increase in interview requests from top firms after launching its "360° Lawyering Program," which requires students to complete four simulated transactions and two mock trials. These programs mirror the exam’s focus on real-world tasks, making graduates more attractive to firms.

Law firms are deeply divided in their responses. Progressive firms have overhauled their hiring criteria. One firm’s 2025 Summer Associate Assessment Manual now weights clinical experience 20% higher than law review participation. Their summer program includes timed drafting exercises that replicate NextGen tasks, such as composing a client memo under a 90-minute deadline. "Our clients need associates who can deliver actionable advice by 5 PM, not just academic brilliance," explains their hiring chair.

Traditional holdouts remain skeptical. At a March 2025 Yale Law School panel, Kirkland partners presented internal data showing that UBE scores strongly correlate with first-year associate performance. However, critics argue this correlation reflects legacy bias rather than true competency. Professor Laura Gomez of UCLA Law (https://law.ucla.edu/faculty/faculty-profiles/laura-gomez), who consulted on California’s pilot program, notes: "The UBE rewards test-taking skills, not lawyering skills. A candidate who aces multiple-choice questions about contract law might still struggle to draft a basic nondisclosure agreement."

The transition creates distinct winners and losers. International LLM students face hurdles with state-specific tasks—for example, Texas’ requirement to draft oil and gas leases (https://www.tble.texas.gov). Evening program students at schools like Georgetown Law (https://www.law.georgetown.edu) report 35% less access to clinical training compared to their full-time peers, putting them at a disadvantage. Low-income applicants are further marginalized by the soaring cost of NextGen prep courses, which average $2,500 (https://www.barbri.com/nextgen-bar-prep)—a 70% increase from UBE prep costs. BARBRI, a leading bar prep provider, attributes this to the complexity of teaching practical skills like negotiation simulations.

For candidates, strategic adaptation is critical. First-year law students should prioritize schools with NextGen-aligned curricula. Temple University’s Beasley School of Law (https://law.temple.edu), for instance, requires students to complete simulated transactions across six practice areas, including mergers and acquisitions and intellectual property licensing. Lateral hires must prepare for firm-specific skills tests; one firm now administers a 90-minute memo drill during callbacks, while others evaluate candidates through mock client consultations.

The legal profession is finally aligning credentialing with practice realities, but the transition will create uneven outcomes. Firms that adapt quickly stand to gain a competitive edge in hiring talent equipped for modern practice. Traditionalists risk falling behind as clients increasingly demand associates who can navigate real-world challenges from day one.

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