Wednesday, August 30, 2006

Bar Exam 1, PMBR 0

Oh PMBR. You always said your test questions were just like the real multi-state questions. Now ... we know why. PMBR lost a lawsuit to the National Conference of Bar Examiners for using copyrighted questions taken from the official bar exam.

A better article can be found here. My favorite quote:


Fullam found that Feinberg generates almost all of the questions and explanatory answer keys used in the course, and that he admits that he uses the notes of MLSI employees who have taken the MBE. Feinberg himself has taken the MBE more than 20 times, Fullam found, and Zimmerman has taken it more than a dozen times. But to ensure that they will be allowed to take the test again, they often fail, Fullam found. "Given that these individuals are highly paid to prepare students to take (and presumably to pass) the bar exam, their failure rate is strikingly high. Mr. Feinberg, for example, failed five consecutive bar examinations in Alaska before barely passing in February 2004," Fullam wrote. "Perhaps even more startling, Ms. Zimmerman twice failed the Kentucky bar examination despite passing the essay portion, because her scores on the MBE were so low," Fullam wrote. Zimmerman testified that she failed because the MBE "is quite a difficult examination," but Fullam said her explanation "speaks poorly of either her professional qualifications or her credibility as a witness." In 2003, Feinberg was taking the Alaska bar exam -- the only state that allows test takers to use scratch paper -- and was cited at the close of the test for violating the rule against leaving the test site with notes. Fullam said a proctor confiscated Feinberg's notes and filed an "irregularity report" with NCBE.

Many people who took the bar exam in July 2006 said the questions were unlike anything they studied. Apparently, the bar examiners purposely altered the types of questions used so that groups like PMBR would be less helpful. The results should be interesting.

All that to say that I am very happy I took the bar (and PMBR) in July 2005. :-D

The opinion can be found here. PBMR has already said they will be appealing the decision.