Document Type

Article

Publication Date

2026

Abstract

Pennsylvania should reject the adoption of the NextGen bar examination and instead develop a new, state-specific pathway to lawyer licensure that better serves the needs of the legal profession and the public. The NextGen exam, designed by the National Conference of Bar Examiners (NCBE), introduces significant challenges, including its lack of transparency, inadequate preparation materials, and reliance on a rigid, memorization-heavy format. These deficiencies hinder equitable access to licensure, disproportionately affecting underrepresented groups and perpetuating systemic barriers within the profession.

Moreover, NextGen's failure to robustly address critical legal areas, such as trusts and estates, jeopardizes the ability of new lawyers to competently serve their communities, particularly during a historic generational wealth transfer. As some states have proposed, adding a state-specific component to NextGen would only increase administrative complexity and financial burdens without addressing these core issues.

Pennsylvania is among nearly two dozen jurisdictions that have yet to commit to adopting the NextGen bar exam, underscoring the widespread concerns about its efficacy and implementation. Instead, Pennsylvania is uniquely positioned to lead a transformative approach by exploring alternative licensure pathways that integrate experiential learning, foundational legal knowledge, and supervised practice. Such a model could directly address the state's access-to-justice crisis, particularly in rural areas while fostering a more practical and inclusive licensing process.

Rejecting the NextGen model and creating a Pennsylvania-specific pathway would align with the state’s history of leadership and innovation in legal standards. By prioritizing competency, transparency, and equity, Pennsylvania can establish a licensure system that meets the needs of future lawyers and the public they serve.

Publication Citation

8 UNT Dallas L. Rev. On the Cusp 47 (2026).

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