New lawyers are subjected to rigorous vetting and testing because integrity is a core legal profession value. That’s why initial integrity checks like moral character evaluations serve important filtering and consumer safety goals. But the modern trend of using software to monitor remote bar examination takers poses problems: It captures so many false positives that everyone appears to be cheating.
Worse, accused examinees must prove that they were not cheating. That perverts the integrity values the system is intended to preserve and to instill in new lawyers. It’s time to abandon monitoring software and the traditional closed-book bar examination model itself.
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