What is the NextGen Bar Exam?

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What Lies Ahead?

The legal profession is undergoing transformation. Globalization and new technologies are helping to shape the future legal landscape. This wave of change has led to a rethinking of how the competency of future lawyers is tested.  

To ensure the next generation of the bar exam continues to appropriately assess the knowledge, skills, and abilities needed for the practice of law in the United States, the National Conference of Bar Examiners (NCBE) will debut a new U.S. bar exam in July 2026 known as the NextGen bar exam. Five states (+ Guam and the Northern Mariana Islands) have adopted the NextGen bar exam for 2026 and 19 others have opted in, starting in either 2027 or 2028. Other states continue to evaluate their options, including adoption of NextGen or alternative exams and pathways. 

The Uniform Bar Exam (UBE)—which is comprised of the Multistate Bar Exam (MBE), Multistate Essay Exam (MEE), and Multistate Performance Test (MPT)—will be phased out, with its last administration taking place in February 2028. Jurisdictions that have not adopted NextGen will have the option to administer the UBE and its component parts until it sunsets in February 2028.  

All jurisdictions will be required to either adopt NextGen by the July 2028 administration or opt for an alternative licensure path, such as creating their own bar exam or not mandating an exam of any kind. (Jurisdictions may change their course after July 2028 and still adopt the NextGen bar exam for later administrations.) 

BARBRI is here to walk you through the upcoming shifts in bar exam format and offer a glimpse into what lies ahead. 

Why NextGen?  

The modernized testing format of the NextGen bar exam aims to ensure that new attorneys are well-equipped to meet the demands of the evolving legal profession. It will more effectively assess an expanded set of essential lawyering skills and will scale back the scope of testable substantive material. The exam will continue to test core knowledge and will focus on legal topics considered most relevant for today’s legal practice. The recalibration is in response to concerns and research that showed the UBE focused too heavily on pure memorization.  

As a result, NextGen will test fewer subjects but assess a broader range of practical legal skills than the current UBE. Not all questions will require rote memorization to answer. 

How Will the NextGen Bar Exam Be Different? 

Much like the UBE, the NextGen bar exam will continue to assess the ability to apply fundamental legal principles to a hypothetical set of facts and to competently perform legal analysis and legal writing tasks. NextGen will, however, also test your ability to select appropriate lawyering strategies given particular circumstances, like weighing the ethical implications of strategic choices and being able to identify/implement legal research tactics.  

Subjects Tested 

Currently, the Uniform Bar Exam tests 14 subjects. The NextGen exam will initially test just 8 subjects as well as 7 foundational skills.  

If you are taking the UBE exam in 2025 or February 2026, you will need to know these core legal subjects listed below.

MBE: 

  • Civil Procedure (including constitutional protections and proceedings before administrative agencies) 

  • Contract Law (including Article 2 of the UCC) 

  • Evidence 

  • Torts 

  • Constitutional Law (excluding principles covered under Civil Procedure and Criminal Law) 

  • Criminal Law and Criminal Procedure (excluding coverage of criminal procedure beyond constitutional protections) 

  • Real Property 

MEE: 

  • All of the MBE subjects, plus 

  • Business Associations (including Agency and Partnership) 

  • Secured Transactions  

  • Conflict of Laws 

  • Family Law 

  • Decedents’ Estates  

  • Trusts  

Beginning in July 2026, Conflict of Laws, Family Law, Trusts and Estates, and Secured Transactions will no longer be tested on the MEE, although these subjects may appear on the MPT. 

The NextGen bar exam will test foundational knowledge in these subjects:  

  • Civil Procedure 

  • Contract Law 

  • Evidence 

  • Torts 

  • Business Associations (including Agency and Partnership) 

  • Constitutional Law 

  • Criminal Law and Procedure 

  • Real Property 

  • Family Law (starting in July 2028) 

Note: Additional subjects will be included in performance test tasks or in questions assessing foundational skills, but foundational knowledge in those subjects is not required. The examiners will provide reference materials or a library with appropriate legal resources. 

 
NextGen will also test the following foundational skills:  

  • Legal research 

  • Legal writing 

  • Issue spotting and analysis 

  • Investigation and evaluation 

  • Client counseling and advising 

  • Negotiation and dispute resolution 

  • Client relationship management 

Exam Length + Frequency 

The NextGen bar exam will continue to be offered twice a year, in February and July. The exam will span nine hours over two days (six hours on day 1 and three hours on day 2) rather than the 12 hours (two full days) currently reserved for the UBE.  

The exam will be comprised of three segments consisting of 3-hour question sets. On the first day, candidates will tackle two 3-hour question sets with a lunch break in between. The second day will feature one 3-hour question set. Jurisdictions may also choose to administer a local component in the afternoon of the second day. 

Question Types 

Unlike previous formats, the NextGen bar exam will integrate various question types. Each of the three exam segments will contain:  

  1. Multiple-choice questions delivering between four and six answer options and up to two correct answers.  

  1. Two integrated question sets combining multiple-choice questions and short-answer questions. Each of these sets will be based on a common fact scenario and may include some legal resources, like excerpts of a statute or judicial opinions, as well as supplemental documents, like an excerpt of a deposition or a police report. In addition to testing legal concepts, some integrated sets will focus on drafting or editing a legal document, client counseling, or dispute resolution.  

  1. A 60-minute performance task 

This integrated approach is designed to create a more holistic evaluation of practice readiness through the application of legal knowledge in situations that mirror real-world legal practice.  

If you’re wondering how this might affect the Multistate Professional Responsibility Exam (MPRE), the answer is simple. Because of its value as a separate assessment of the integrity of the legal profession, the MPRE will continue to be administered as an independent, standalone exam. Learn more about MPRE prep with BARBRI.  

Note, while the examiners will not directly test your knowledge of the Professional Responsibility rules in standalone questions, certain Professional Responsibility rules may be assessed in the context of foundational skills questions. Accordingly, you will be provided with legal resources for those questions. 

We’ve Got You Covered for NextGen Bar Prep 

The bar exam preparation of the future is taking shape now at BARBRI. We’re hard at work creating resources to help you navigate the changes that will be coming with the NextGen bar exam. We’ve made enhancements to our bar prep curriculum and format to ensure you’re ready if and when your jurisdiction adopts the new bar exam.  

Check the NCBE website  for updates and additional details as they become available. 

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