Monday, November 7, 2011

The Bar exams redux | Columnist

The Bar exams redux | Columnist

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But the 2011 Bar exams will be very different from the one I took more than two decades ago. The Bar Exams Committee headed by Supreme Court Associate Justice Roberto Abad has introduced major changes in the way the bar exams is being conducted, beginning with this year’s test. One big change will be in the type of questions given to the examinees.

During my time, the bar exams consisted mainly of essay-type questions – or test questions which pose a legal issue based on a given set of facts and answered by way of short essay stating one’s argument or position, backed up with a citation of the relevant provision of law or Supreme Court decision. Sometimes, these essay-type questions called for a review of a legal move and an explanation of why it is right or wrong based on the position you’ve taken.

For the first time in history, this year’s bar exams will not only include multiple-choice questions (MCQ), it will also be the bulk of the exam questions. As Supreme Court Administrator Midas Marquez says, “the first three Sundays will be multiple choice question-type, and essay-type on the last Sunday”. Which is why the MCQ portion of the Bar exams will be given more weight (60%) than the essay-type portion (40%) in computing the examinee’s final grade. The essay-type exam will now be limited to preparing a trial memorandum or a decision, and a legal opinion, in order to assess whether or not the examinee possesses the requisite communication skills, creativity and intellect needed for the practice of law.

At first glance, passing the bar seems like a walk in the park since MCQ-type exams are thought to be easier than essay-type exams. Truth is the bar exams just got a lot harder because unlike essay-type questions, there are no points given for a wrong MCQ answer. As Supreme Court Administrator Midas Marquez explains it, “in essay (type questions), even if you are not very sure, you can always craft your sentences in such a way that you can skirt around answering the questions”. Or as one of my bar review professors put it, if you can’t dazzle them with your brilliance, you can always baffle them with your B.S. – and still get some credit for it.

Another major change in this year’s bar exams is the distribution of the law subjects among the four Sundays of November. In previous bar exams, the tests in Political Law and Labor Law were given in separate sessions, that is, Political Law in the morning session, and Labor Law in the afternoon session. So it was with Remedial Law and Legal Ethics. But because more topics – and questions – can be included in an MCQ-type exam, the Supreme Court has combined Political Law and Labor Law in one session, and Remedial Law and Legal Ethics in one other session, thus freeing up the last Sunday for the essay-type exams.

Also in the past, the description of the coverage of the bar exams consisted merely of naming the laws that each subject covered – a description regarded as too general and, at times, a license for bar examiners to throw a “curve ball” – or a question on a trivial or totally unexpected topic. That has changed in the 2011 Bar exams. The coverage is now drawn up by topics and sub-topics covering laws, doctrines, principles and rulings that a new lawyer needs to know to begin a reasonably prudent and competent law practice. In other words, the “overhauled” bar exams will be a test of what a bar candidate knows – or ought to know – rather than what he doesn’t know.

The bar examination reforms instituted and implemented by the Corona Court is a big leap forward for the legal profession as it ensures that new lawyers are equipped with the basic legal skills and knowledge required of beginning law practitioners. And for those of you taking the bar exams this November, I hope to see you in court soon. As a professional colleague, of course.

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