SEEKING SOLUTIONS to the bar passage decline presentation

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Transcript SEEKING SOLUTIONS to the bar passage decline presentation

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 98 96 94 92

%

90 88 86

95 94 97 90 97 92 93 88 89

84 82 1996 1997 1998 1999 2000

Year

2001 2002 2003 2004 (*Data from Colorado Board of Bar Examiners)

76 74 72 70

76

State of Colorado Bar Passage Rate by Annual Percent

75 74 73 73 72 71 70 %

68 66 64

65

62 60 58 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

70

70

National Statistics Bar Passage Rate by Annual Percent

70

68 66

%

64

66 66 65 66 64 63

62 60 58 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 100 95 90 85 80

%

75 70 65 60 55 50 1996 1997 1998 1999 2000

Year

2001 2002 2003 2004 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)