Executive Director's Report
| Publication year | 2011 |
| Pages | 0101 |
| Citation | Vol. 72 No. 2 Pg. 0101 |
KEITH B. NORMAN
keith.norman@alabar.org
The ASB and the UBE, BBE, NCBE, MBE, MEE, and MPT
The concept of a Uniform Bar Exam (UBE) has been discussed nationally for several years. This discussion has been principally facilitated by the National Conference of Bar Examiners (NCBE). The motivation behind the UBE is to have a mechanism that facilitates lawyers becoming licensed in other states in order to conduct cross-border or multi-jurisdictional practices without the need to take another bar examination. Further, it simplifies the licensure process and maximizes employability, especially for lawyers who are recent law school graduates. The main components of the UBE are the three NCBE tests that many jurisdictions already administer: the multi-state bar exam (MBE), the multi-state essay examination (MEE) and the multi-state performance test (MPT). Currently, the MBE is being used by 53 jurisdictions, including 48 states (excluding Louisiana, Washington and Puerto Rico). The MEE is used by 27 jurisdictions and the MPT is being used by 34 jurisdictions.
As a reminder, the MBE is a six-hour, 200-question multiple choice examination covering constitutional law, contracts, criminal law and procedure, evidence, real property, and torts. The MEE consists of six 30-minute essay questions that can test on the topics covered by the MBE, plus business associations, federal civil procedure, family law, trusts and estates, UCC, and conflict of laws. The MPT typically consists of two 90-minute questions which require the application of fundamental lawyering skills in a realistic situation. Skills tested are factual analysis, legal analysis and reasoning, problem-solving, identification and resolution of ethical dilemmas, written communication, and organization and management of a legal task. In additional to utilizing the MBE, MEE and MPT, most states have a state-specific component that is included as a part of the bar exam. In Alabama, we utilize all three NCBE tests and a state-specific test, Alabama Civil Litigation.
Because of the prevalence of the national tests, implementation of the UBE does not require most jurisdictions to make fundamental changes in their testing. Moreover, the UBE does not require a jurisdiction to eliminate its state-specific test, to alter its pass score or to change its character and fitness requirements. Consequently, a jurisdiction that adopts...
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