Every May, hundreds of law graduates all across Maryland prepare themselves for the bar exam. Given the nature of the bar exam, the stringent study schedules from bar prep companies, and the pressure of a passing score, the bar has always been a stressful situation. However, with the COVID-19 pandemic this year, there was an added stressor, leaving law graduates unsure of how their exam will be administered or when. The way it was handled by the National Conference of Bar Examiners (“NCBE”) left many bar takers, both in Maryland and globally, feeling defeated and with a distaste for the NCBE and the bar exam as a whole.[1]

Soon after the pandemic hit the United States and daily life began to move online, it became increasingly clear that an in-person bar examination was not likely to happen. In June, the Maryland State Board of Law Examiners emailed applicants to inform them of their move to an online exam.[2] The Maryland exam was also postponed twice – originally, it was to be administered at the end of July, but was moved to September, then moved once more to October.[3]

However, as time went on, this task did not seem to be feasible. As stories came out from other states and their online exams, and examiners grew anxious over the many ways they could have their test invalidated with the online format, both law graduates and deans sprung to action.[4] Deans from both the University of Baltimore School of Law and the University of Maryland’s Francis King Carey School of Law drafted letters in support of diploma privilege, joining hundreds of applicants and their supporters in this movement.[5] The petition was sent to the Maryland Court of Appeals, but was ultimately denied.[6] Some in support of the denial cited that the bar examination gives lawyers “credibility.”[7]

Applicants in Maryland, however, are left feeling defeated after a prolonged period of studying for the exam, and what they feel was a lack of empathy in support from the legal community in unprecedented times.[8] Many law graduates, as well as allies, both in Maryland and throughout the country are still advocating for diploma privilege, despite the fact that they already took the bar exam.[9] Many feel this year was proof that the bar exam is merely a hazing ritual, and not proof of a lawyer’s ability to practice.[10] Given the nature of this year’s bar exam, it will be interesting to see how the bar exam will look moving forward, both in Maryland and throughout the United States.

Naseam Jabberi is a 3L, originally from Florida. She is the University of Baltimore Law’s current Diversity Director and is passionate about human rights. After graduation, she plans to clerk for a year and then work in the area of public interest.

[1]Valerie Strauss, Why This Pandemic is a Good Time to Stop Forcing Prospective Lawyers to Take Bar Exams, Wash. Post (July 13, 2020), https://www.washingtonpost.com/education/2020/07/13/why-this-pandemic-is-good-time-stop-forcing-prospective-lawyers-take-bar-exams/.

[2] Joe Patrice, Maryland Adopts Online Bar Exam, Above the Law (June 19, 2020), https://abovethelaw.com/2020/06/maryland-adopts-online-bar-exam/?rf=1.

[3] Steve Lash, Md. Judiciary Postpones Bar Exam Until September, Daily Record (May 26, 2020), https://thedailyrecord.com/2020/05/26/md-judiciary-postpones-bar-exam-until-september/.

[4] Lillian Reed, Maryland State Board of Law Examiners Affirms Plans for Remote Bar Exam Despite Calls for Temporary Waiver Amid COVID-19 Pandemic, Balt. Sun (Aug. 20, 2020) https://www.baltimoresun.com/maryland/baltimore-city/bs-md-ci-bar-exam-maryland-20200820-20200820-mmwfqe2d4vgbbgvc6xgdetstny-story.html.

[5] Id.

[6] Id.

[7] Id.

[8] Strauss, supra note 1.

[9] Id.

[10] Id.