Virginia and South Dakota to Administer NextGen Bar Exam, Join a Majority of US Jurisdictions Adopting New Attorney Licensure Test

Press Release

Fact sheet and image: https://www.ncbex.org/media-resources

MADISON, WISCONSIN, December 12, 2024—Virginia and South Dakota are the latest jurisdictions to announce that they will adopt the NextGen bar exam. South Dakota will first administer the new exam in July 2027, and Virginia will hold its first administration in July 2028.

Twenty-nine jurisdictions have now announced plans to adopt the NextGen exam, including six jurisdictions that do not currently administer the Uniform Bar Exam (UBE).

The NextGen bar exam is being developed by the National Conference of Bar Examiners (NCBE), which currently develops bar exam content for 54 of 56 US jurisdictions. In the US, the highest court in each jurisdiction has authority over the admission of attorneys to practice in its courts, aided by its own bar admissions agency. Like the UBE, the NextGen bar exam will serve as the basis for score portability between participating jurisdictions. However, while all UBE jurisdictions accept transferred scores earned in other UBE jurisdictions, with the NextGen exam, the high court of each jurisdiction will determine whether to accept transferred scores from other NextGen jurisdictions.

“The adoption of the NextGen bar exam marks a significant step forward in ensuring that our legal profession continues to assess candidates effectively and consistently,” said Brian Jackson, President of the Virginia Board of Bar Examiners. “By introducing this updated exam format, we are enhancing the ability to test the critical skills necessary for new attorneys, while preserving the state-specific knowledge that is vital for practicing law in Virginia.” In addition to announcing its 2028 adoption of the NextGen exam, Virginia has indicated that it will accept NextGen exam score transfers and that it will continue to administer a Virginia-specific bar exam section to test knowledge of state law.

“The Supreme Court of Virginia is fully supportive of the Board's decision to implement the NextGen bar exam,” said S. Bernard Goodwyn, Chief Justice of the Supreme Court of Virginia. “This forward-thinking approach ensures that Virginia’s bar exam will continue to align with the highest standards of legal education and practice. It is important that we remain adaptable to evolving legal landscapes while preserving the integrity of our legal profession.”

“The adoption of the NextGen bar exam reflects South Dakota’s commitment to assuring that our future lawyers possess the practical skills and knowledge needed to effectively serve our communities,” said South Dakota Supreme Court Chief Justice Steven R. Jensen. “The NextGen exam, along with other alternatives the Court is currently considering for bar admission, will ensure that newly admitted legal professionals are not only well-versed in the law but also equipped to meet the evolving demands of the profession.”

Dean Neil Fulton with the University of South Dakota’s Knudson School of Law said, “The primary goals of the bar exam are to ensure that law school graduates are ready to effectively serve their clients and to protect the public, and this updated approach is designed to achieve that purpose. I am confident that the new bar exam represents a significant step forward for legal education and testing in South Dakota.”

Designed to reflect the work performed by newly licensed attorneys, the NextGen bar exam will test nine areas of legal doctrine (civil procedure, contract law, evidence, torts, business associations, constitutional law, criminal law, real property, and, beginning in July 2028, family law) and seven foundational lawyering skills (legal research, legal writing, issue spotting and analysis, investigation and evaluation, client counseling and advising, negotiation and dispute resolution, client relationship and management). Tenets of attorney ethics will also be tested in conjunction with other topics and skills.

The new exam will balance the skills and knowledge needed in litigation and transactional legal practice and will reflect many of the key changes that law schools are making to their own curricula, building on the successes of clinical legal education programs, alternative dispute resolution programs, legal research, and legal writing and analysis programs. Visit https://www.ncbex.org/exams/nextgen/content-scope for detailed outlines of the legal doctrine and skills that will be tested on the exam.

The subjects and skills to be tested were developed through a multi-year, nationwide legal practice analysis focused on the most important knowledge and skills for newly licensed lawyers (defined as lawyers within their first three years in practice). NCBE continues to test new questions and question types as part of its ongoing research.

Like the current bar exam, the NextGen bar exam will be administered, and the written portions graded, by the individual US jurisdictions. The exam will be administered over one and a half days, with six hours of testing time on day one and three hours on day two. The current bar exam is typically administered in 12 hours over two full days.

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About the National Conference of Bar Examiners

The National Conference of Bar Examiners (NCBE), headquartered in Madison, Wisconsin, is a not-for-profit corporation founded in 1931. NCBE promotes fairness, integrity, and best practices in bar admissions for the benefit and protection of the public, in pursuit of its vision of a competent, ethical, and diverse legal profession. Best known for developing bar exam content used by 54 US jurisdictions, NCBE serves admission authorities, courts, the legal education community, and candidates by providing high-quality assessment products, services, and research; character investigations; and informational and educational resources and programs. In 2026, NCBE will launch the next generation of the bar examination, ensuring that the exam continues to test the knowledge, skills, and abilities required for competent entry-level legal practice in a changing profession. For more information, visit the NCBE website at https://www.ncbex.org.

About the Next Generation of the Bar Exam

Set to debut in July 2026, the NextGen bar exam will test a broad range of foundational lawyering skills, utilizing a focused set of clearly identified fundamental legal concepts and principles needed in today’s practice of law. The skills and concepts to be tested were developed through a multi-year, nationwide legal practice analysis, focused on the most important knowledge and skills for newly licensed lawyers. Designed to balance the skills and knowledge needed in litigation and transactional legal practice, the exam will reflect many of the key changes that law schools are making today. NCBE is committed to ensuring a systematic, transparent, and collaborative implementation process, informed by input from and participation by stakeholders, and guided by best practices and the professional standards for high-stakes testing. For more information, visit https://nextgenbarexam.ncbex.org/ or https://www.ncbex.org/exams/nextgen.