Appendix G: Draft Design Model D Prepared for Discussion During TDC Meeting 2

This model includes two components of the bar exam that are scored and evaluated collectively (i.e., one overall pass/fail decision), but with a minimum performance expectation for each component. Candidates would be eligible to take the first component after completing 60 credits of law school but not required to take the first component during law school. Further, candidates would have the option to prepare for and test on each component separately, and retest on a single component, if needed.

Blue box with words Application of Core Doctrinal Law equals 60 Percent. Blue box with words Application of Lawyering Skills Equals 40 Percent. Green box with words Knowledge of Professional Responsibilities
Structure/Components Application of Core Doctrinal Law Application of Lawyering Skills Knowledge of Professional Responsibilities
Knowledge/Skills
  • Civil Procedure
  • Contract Law
  • Criminal Law & Procedure
  • Evidence
  • Torts
  • Real Property
  • Constitutional Law
  • Business Orgs
  • Legal Research
  • Legal Writing
  • Issue Spotting and Evaluation
  • Investigation and Analysis
  • Client Counseling and Advising*
  • Client Relationship and Management*
  • Negotiation and Dispute Resolution*
  • Professional Responsibility, Ethics
 Professional Responsibility
Assessment Methods
  • Selected response
  • Short answer (computer scored)
 Case studies (e.g., background text, simulated clients presented via video) with legal resources; candidates review and respond via

  • Selected response
  • Short answer (computer scored)
  • Extended response (human scored)
  • Selected response
  • Short answer (computer scored)
Decisions One overall Bar Exam Score and Compensatory Decision with minimum performance expectations on each component (Application of Core Doctrinal Law – 60%, Application of Lawyering Skills – 40%) Professional Responsibility Score and Decision
Administration Eligible to take after 60 credits have been earned in law school – administered as CBT in windows 3 times per year After law school During or after law school

*Some panelists had concerns that these skills could not be measured objectively and without bias.