Upload
jeremy-starley
View
213
Download
0
Tags:
Embed Size (px)
Citation preview
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)