A groundbreaking study from UC Law SF (formerly UC Hastings), led by Chancellor & Dean David Faigman and Assistant Chancellor & Dean Jenny Kwon, is driving major reforms in how lawyers are licensed — starting in Nevada and reverberating across the country. uclawsf.edu+1
The Research That Sparked Change
- Faigman and Kwon co-authored a first-of-its-kind empirical study examining whether bar exam scores truly predict lawyer competence. uclawsf.edu
- Their team tracked the on-the-job performance of 524 newly licensed Nevada attorneys, using peer, supervisor, judge, and self-assessments to evaluate real-world lawyering skills. uclawsf.edu
- The results were striking: little correlation between bar exam scores and actual attorney effectiveness. uclawsf.edu
- They also documented racial disparities in bar pass rates, raising concerns that the exam may limit diversity in the legal profession. uclawsf.edu
From Debate to Reform
- The research grew out of a public debate between Faigman and Rick Trachok, chair of the Nevada Board of Bar Examiners. What began as an argument evolved into a collaborative study. uclawsf.edu
- Trachok, initially a defender of the traditional bar exam, joined forces with Faigman — ultimately giving access to the necessary data and institutional support for the research. uclawsf.edu
Nevada’s Response: The “Nevada Plan”
- Based on the study’s findings, the Nevada Supreme Court has approved a new licensing system, called the Nevada Plan, which will take effect in February 2027. uclawsf.edu+2McDonald Carano+2
- Key components of the plan:
- A multiple-choice foundational law test, offered up to four times a year and available before graduation. uclawsf.edu
- 60 hours of supervised practice, fulfilling this requirement through clinics, externships, or pro bono work during law school. uclawsf.edu
- A Nevada-specific performance test after graduation that assesses real lawyering tasks. uclawsf.edu
- This new approach is more practical, avoids over-reliance on standardized test performance, and shortens the path to licensure. uclawsf.edu
A National Movement
- Faigman’s work isn’t just changing things in Nevada — it’s part of a broader shift. Other states are rethinking their bar exam models. uclawsf.edu
- In 2024, the ABA formally endorsed alternatives to the traditional bar exam, signaling growing acceptance for new licensing pathways. uclawsf.edu
- States such as Oregon and Washington already have licensing options that bypass the standard bar exam; Minnesota and Utah are considering similar reforms. uclawsf.edu
- Faigman has also advocated for interstate reciprocity — a model where there’s a national exam but supplemented by state-specific assessments.
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