Almost nothing about law school tests and bar exams is designed to test the skills involved in law practice, says Steven Lubet. Some aspects of exams, like time pressure, are positively perverse, he adds. Test takers have only a few hours to assess problems, decide on answers, marshal material and write coherent answers. No time for reflection, research, reconsideration or redrafting. If a lawyer took that approach, says Lubet, it would probably constitute malpractice.
The American Lawyer
March 4, 2005