SEEKING SOLUTIONS

TO THE BAR PASSAGE DECLINE

Prepared by: Lorenzo A. TrujilloAssistant Dean University of Colorado School of Law

University of Colorado School of Law

Bar Passage Rate by Annual Percent

9594

97

90

97

9293

8889

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 ColoradoBar Passage Rate by Annual Percent

7675

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 2004Year

*Data from National Conference of Bar Examiners (www.ncbex.org/stats.htm) and the Colorado Board of Bar Examiners

National StatisticsBar 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 ChartBar 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

aPlan 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)