Bar Passage - Seeking Solutions - Colorado Bar Association

SEEKING SOLUTIONS
TO THE

BAR PASSAGE DECLINE
Prepared by: Lorenzo A. Trujillo
Assistant Dean University of Colorado School of Law


University of Colorado School of Law
Bar Passage Rate by Annual Percent
95
94
97
90
97
92
93
88
89
82
84
86
88
90
92
94
96
98
%
1996
1997
1998
1999
2000
2001
2002
2003
2004
Year
(*Data from Colorado Board of Bar Examiners)


State of Colorado
Bar Passage Rate by Annual Percent
76
75
72
74
73
73
71
70
65
58
60
62
64
66
68
70
72
74
76
%
1996
1997
1998
1999
2000
2001
2002
2003
2004
Year
*Data from National Conference of Bar Examiners (
www.ncbex.org/stats.htm
)
and the Colorado Board of Bar Examiners


National Statistics
Bar Passage Rate by Annual Percent
70
70
66
66
65
66
63
64
58
60
62
64
66
68
70
%
1996
1997
1998
1999
2000
2001
2002
2003
2004
Year
*Data from National Conference of Bar Examiners (
www.ncbex.org/stats.htm
)


Comparative Chart
Bar Passage Rate by Annual Percent
50
55
60
65
70
75
80
85
90
95
100
%
1996
1997
1998
1999
2000
2001
2002
2003
2004
Year
CU
Colorado
National


July 2004 Data

Analysis of 2004 data show that:

LSAT does not directly correlate with bar
passage

Undergraduate GPA does not directly correlate
with bar passage

Gender or ethnic status does not directly
correlate with bar passage

The key factor to bar passage is class rank
and GPA in law school.


Board of Bar Examiners

Board of Bar Examiners

Non-passing students are writing before
engaging in analysis of the question

Non-passing students demonstrating poor
organization skills

Non-passing students are failing in legal
analysis and responding with an argument
leading to a conclusion


Judicial Feedback

Judicial Feedback

CU Law students’ writings are:

Good not great

Formula writing

Technical not fluid

Lack fluid persuasion

Lacking priority and organization

Lacking demonstration of ability to handle difficult
legal problems


Strategies, Tactics & Suggestions
to Improve the Bar Passage Rate
Excerpted from
Law Schools Can Solve the “Bar Pass Problem” – “Do the Work!”,
40 Cal. W.L.Rev. 321, 343


Setting the Tone:

The Deans and Faculty should set the tone of
professionalism.

The importance of passing the bar should be
stressed to students from first year orientation
to a third year meeting that reinforces what
students must do to succeed on the bar exam.

Professors should reinforce the message at the
beginning of each semester.


Strategies, Tactics & Suggestions
to Improve the Bar Passage Rate

Learning Styles:


Recognize and support students who learn
differently.


Visual Learners

Aural Learners

Encourage to tape-record lectures

Kinesthetic Learners

Discourage from using laptops

Students should be given the opportunity to
determine their learning style through
handouts and tests during orientation.


Strategies, Tactics & Suggestions
to Improve the Bar Passage Rate

Teach and Learn the Law

Students must learn the law and be able to
analyze and write about it.

Faculty should understand the bar
methodology.

Faculty are encouraged to participate in
seminars with bar examiners or bar exam
graders.


Strategies, Tactics & Suggestions
to Improve the Bar Passage Rate

Encourage Students to Take “Bar Courses”

Students who do poorly in these courses will
struggle with the bar.

Encourage weaker students to take a reduced
load to master the material in “bar courses.”

“
It is better that a student spend an extra
semester or summer to master the bar
material than graduate in six semesters and
flunk the bar.”

40 Cal. W.L.Rev. 321, 343



Strategies, Tactics & Suggestions
to Improve the Bar Passage Rate

Exams

Create relevant essay exams rather than
multiple choice question exams.

If still compelled to use multiple choice format, select
previously created MBE questions.

Phase out take-home and open-book exams

These types of exams do not replicate the bar exam.

Eliminate Pass/Fail Grades


Strategies, Tactics & Suggestions
to Improve the Bar Passage Rate

Academic Assistance

Identify students with poorly developed study
habits.

Increased support for tutoring program.


Strategies, Tactics & Suggestions
to Improve the Bar Passage Rate

Increased Emphasis on Legal Writing

Improve essay exam writing.

Teach students how to deconstruct essay questions and
hone their writing skills.

Increase writing opportunities.

Legal Writing Program Changes

Study skills

Note taking techniques

Exam Writing


Strategies, Tactics & Suggestions
to Improve the Bar Passage Rate

The Grade Inflation Part of the Puzzle

Inflated grades do not give an accurate
measurement of performance.

Marginal students do not receive a fair warning
that they are in trouble.

“
[They] believe on the basis of their law school
grades that they have done above average / very
good work and are not in danger of failing the bar.”

40 Cal. W.L.Rev. 321, 334



Strategies, Tactics & Suggestions
to Improve the Bar Passage Rate

Bar Preparation

Studying for the bar is a full-time job.

Advise students early on to get their financial
and personal lives in order before the bar.


Strategies, Tactics & Suggestions
to Improve the Bar Passage Rate

Continued Counseling

Continue to counsel graduates who have failed
the bar on how to succeed.

Get re-takers to change their approach.


Strategies, Tactics & Suggestions
to Improve the Bar Passage Rate

Pinpointing At Risk Students

With limited resources it is crucial to
concentrate on at risk individuals.

Maintain detailed statistics.

Determine the correlation between LSAT
scores, undergraduate GPA, and law school
performance with bar passage.


Strategies, Tactics & Suggestions
to Improve the Bar Passage Rate

Dismiss Poorer Students

It is kinder to dismiss students from law school
after one semester . . . Than to re-admit
students who have no chance of passing the
bar.”
40 Cal. W.L.Rev. 321, 347


Strategies, Tactics & Suggestions
to Improve the Bar Passage Rate

Strong Academic Support Offices

An academic support office can offer:

Testing

Counseling

Tutoring

Other resources to help at risk students


Strategies, Tactics & Suggestions
to Improve the Bar Passage Rate

Non-credit Bar Prep Courses

Law school sponsored free bar preparation
course.

Bar preparation courses that run through the
third year.


Strategies, Tactics & Suggestions
to Improve the Bar Passage Rate

Grade on a Curve

Decreases grade inflation.

Encourages fairness between different
sections.


Strategies, Tactics & Suggestions
to Improve the Bar Passage Rate

Create More Small Sections

Students thrive in small sections.

Create smaller sections in first year courses.

Focus the Curriculum

Reduce course offerings to ensure that
students are grasping the basics.


Strategies, Tactics & Suggestions
to Improve the Bar Passage Rate

Enforce Attendance Policies

Classroom learning is critical to the mastery of
law.

Law school Deans certify to bar examiners that
their students have regular attendance.


Conclusion
Need of a Committee to study
Data and Literature,
provide an
Analysis,
and
Propose
a
Plan of Action


References

Day, Christian, "Law Schools Can Solve the Bar Pass Problem -
Do the Work," Excerpted from California Western Law Review,
Spring, 2004.

Thomas, David, "Predicting Law School Academic Performance From
LSAT Scores and Undergraduate Grade Point Average: A
Comprehensive Study," 35 Ariz. St. L.J. 1007.

Kaufman, Eileen, "Chicago Conference Highlights Need to Rethink
the Bar Exam Process," SALT Equalizer (December, 2004)

Darrow-Kleinhaus, Suzanne, "A Response to the Society of
American Law Teachers Statement on the Bar Exam," Journal of
Legal Education, Vol. 54, Number 3 (September 2004)

Kirgis, Paul, "Race, Rankings, and the Part-Time Free Pass,"
Journal of Legal Education, Vol. 54, Number 3 (September 2004)

Ruby K. Payne, "A Framework for Understanding Poverty" 1998,
RFT Publishing.

Ippolito, Richard, "Performance in Law School: What Matters in
the End?" Journal of Legal Education, Vol. 54, Number 3
(September 2004)