THREAD. Dear legal profession: here’s an update on the bar exam chaos. Many jurisdictions have opted for an online bar exam. In the last few weeks, there have been so many software failures with the vendors that it’s becoming increasingly clear that an online exam won’t work. 1/9

In advance of the exam, jurisdictions are requiring applicants to do a mandatory test run of the software. Applicants have had so many issues with logging in/out of the exam that some jurisdictions have lost all faith in the vendors. Some will simply hold an open-book exam. 2/9

Despite these failures, some jurisdictions think they can somehow make the software work, even though states are using the same vendors. Now, applicants are receiving waivers that they must sign to take the bar. If they don’t, their bar application is considered “abandoned.” 3/9

At least in California, applicants have two weeks to decide if they want to bear the risks of taking an online bar exam. They must decide if they want to forgo entering the profession now, or if they want to risk having to forgo entering the profession in October. 4/9

If an applicant experiences a power outage, internet failure, inability to log into the exam, or is flagged for cheating by an AI proctor (for loud noises, a family member walking into the room, irregular eye movement), they will almost automatically fail the bar exam. 5/9

Interestingly, the @StateBarCA waiver not only limits the liability of the bar but also waives the liability of a third-party vendor. Why is a state agency limiting the liability of a private entity... who knows 6/9

Meanwhile, advocates who point out lack of sense and empathy of leaders in the legal profession are being threatened with character and fitness repercussions (yes, you @NCBEX). 7/9

I question daily my reasons for entering a profession with so little empathy. If this is how the profession treats law school grads, imagine how it treats low-income clients, undocumented clients, DV clients, criminal defendants, pro se litigants... 8/9

Aren’t we supposed to do what’s fair? Seek justice? Look, I’ll enter the legal profession eventually. I’ll pass some bar exam at some point in time. But I won’t be proud. 9/9