The Virginia Board of Bar Examiners (the Board) has announced its decision to adopt a new test format for the bar exam, the NextGen Bar Exam, developed by the National Conference of Bar Examiners (NCBE). The first administration of the NextGen Bar Exam in Virginia will take place in July 2028.

The Supreme Court of Virginia fully supports the Board’s decision to transition to this new format.

"The adoption of the NextGen Bar Exam marks a significant step forward in ensuring that our legal profession continues to assess candidates effectively and consistently," said Brian Jackson, President of the Board. "By introducing this updated exam format, we are enhancing the ability to test the critical skills necessary for new attorneys, while preserving the state-specific knowledge that is vital for practicing law in Virginia."

The current bar exam consists of two components: the Multistate Bar Examination (MBE), created by NCBE, and a Virginia-specific essay portion. However, NCBE will discontinue the MBE after February 2028, prompting the Board to seek an alternative that ensures a rigorous assessment of candidates' competency.

After careful consideration, the Board has decided to replace the MBE with the NextGen Bar Exam, while retaining a Virginia-specific component to test knowledge of state law. The NextGen Bar Exam will be a 9-hour exam, administered over 1.5 days (6 hours on day one and 3 hours on day two). The Virginia law component, which will be 3 hours or less, is expected to be administered on the afternoon of day two.

Although the format of the Virginia-specific section is still under development, the Board is making this early announcement to provide law students, law schools, and other stakeholders ample time to adjust curricula and make informed decisions. The Board is committed to keeping the legal community updated as details about the state-specific component are finalized.

"The Supreme Court of Virginia is fully supportive of the Board's decision to implement the NextGen Bar Exam," said S. Bernard Goodwyn, Chief Justice of the Supreme Court of Virginia. "This forward-thinking approach ensures that Virginia's bar exam will continue to align with the highest standards of legal education and practice. It is important that we remain adaptable to evolving legal landscapes while preserving the integrity of our legal profession."

One of the key benefits of the NextGen Bar Exam is its portability. The exam will provide scores that are transferable to other participating jurisdictions. In response, the Board plans to revise its rules to allow for the acceptance of NextGen Bar Exam scores earned in other jurisdictions. Those transferring scores from other jurisdictions will be required to sit for the Virginia-specific component.

The Board will continue to monitor updates from NCBE regarding the NextGen Bar Exam and will share additional information as it becomes available.

For more information about the NextGen Bar Exam, please visit https://nextgenbarexam.ncbex.org/.

To be licensed in Virginia, all bar exam applicants must obtain a Multistate Professional Responsibility Exam (MPRE) score of 85 or greater. The Board has extended the timeline for accepting a passing MPRE score. The Board will now accept MPRE scores of 85 or greater that were obtained at any time before the applicant's passing Virginia bar exam score expires. Passing Virginia bar exam scores expire 5 years from the date of the exam. Rules

Regulations Governing Applications for Admission to the Virginia State Bar Pursuant to Rule of the Supreme Court of Virginia 1A:1 has been amended effective November 12, 2023 as follows:

THRESHOLD REQUIREMENTS:

3. Requirement of Minimum Current Practice. An applicant may apply for admission without examination only if the applicant has been engaged in the full-time practice of law for at least three of the last five years immediately preceding his or her application for admission to the Virginia State Bar. Except as provided in Threshold Requirement 4 below, the applicant must have been licensed to engage in the practice of law in the jurisdiction where such practice occurred. Practice from an office located in a foreign country will not be accepted as qualifying practice unless it is the full-time practice of the law of the United States and/or any of its states and territories. Persons holding a Virginia Corporate Counsel Certificate under Part I of Rule 1A:5 may receive credit as provided in such Rule. Persons holding a Virginia Legal Aid Counsel Certificate under Rule 1A:9 may receive credit as provided in such Rule.

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Virginia State Bar Corporate Counsel Section will present a monetary award to an exam taker aiming for a career as in-house counsel. Click here for information on how to apply.