As the California State Bar forwards its proposals for how to manage the July administration of the bar exam to the state Supreme Court, the profession is rocked by energetic debates about the merits and demerits of the bar exam. The National Conference of Bar Examiners released a white paper on April 9th asserting that the bar exam “ensures new lawyers meet a minimum standard of competence” and should not be disposed of in light of coronavirus.

The argument we keep hearing is that without the bar exam, the public will be exposed to a deluge of young attorneys who do not have the skills required to practice law responsibly. The public will suffer from the lack of competence. If true, that might be persuasive to many of us, but this argument is not supported by the available data.