Bar Exam Scores and Lawyer Discipline
bar performance impact, lawyer discipline, minimum competence, cut scores
Robert Anderson and Derek Muller have posted a provocative paper, The High Cost of Lowering the Bar, in which they argue that “bar exam score is significantly related to likelihood of State Bar discipline throughout a lawyer’s career.” Thus, they warn, “lowering the bar examination passing score,” as several California law deans have advocated, “will likely increase the amount of malpractice, misconduct, and discipline among California lawyers.”
Anderson and Muller urge the state bar to collect more detailed data on the relationship between bar scores and lawyer discipline–and then to consider the possible impact on attorney misconduct if the Supreme Court lowers the passing score. “The data we have collected,” they conclude, “should raise serious concerns about the effect on consumers of lowering the passing score.”
What type of correlation did Anderson and Muller identify? Should it affect decisions about the passing score for the bar exam? Let’s take a closer look.