The State Bar of California has finalized an $8.25 million deal with Kaplan Exam Services to produce the state’s bar exam for the next five years, the attorney licensing body announced on Tuesday. Starting in February, California will no longer use any test components developed by the National Conference of Bar Examiners (NCBE) and will not administer the NCBE’s new national bar exam set to debut in July 2026.
California, the nation’s second-largest bar exam jurisdiction after New York, saw 11,320 aspiring attorneys take its bar exam in 2023. By developing its own test, the state will have the flexibility to administer the exam remotely or in test centers, rather than in large convention centers across the state—a change expected to save up to $3.8 million annually. The NCBE requires its tests to be administered in person.
These savings are critical for the state bar’s attorney admissions arm, which is projected to overspend its revenues by nearly $4 million this year. Steve Marietti, Kaplan’s chief commercial officer, expressed that the company is “honored” to help California produce “qualified and practice-ready lawyers.”
A spokesperson for the NCBE stated on Wednesday that the organization has not reviewed the new agreement but will continue to support California’s broader admissions activities, including administering the Multistate Professional Responsibility Examination, a two-hour test on attorney ethics and professional conduct.
California first announced plans to create its own test in May, with Kaplan initially set to produce only the multiple-choice portion of the exam, similar to the NCBE’s Multistate Bar Exam. However, the proposal was temporarily halted after the NCBE raised copyright concerns. In July, the state bar’s trustees approved an expanded proposal after addressing these concerns. The final agreement includes Kaplan’s responsibility for writing the essay and performance test portions of the exam, in addition to the multiple-choice questions.
As of now, 23 jurisdictions, including Florida and Illinois, have committed to using the NCBE’s NextGen bar exam. The California deal includes a cost-sharing provision for any litigation expenses from potential copyright infringement cases, with the state bar’s liability capped at $6.75 million over the contract’s duration.
The upcoming California bar exam will not significantly alter preparation methods and will resemble the current test. As part of the agreement, Kaplan will no longer provide bar exam prep services in California but will offer faculty and student study guides that the state bar will distribute for free.
“This historic agreement allows us to provide applicants with exam options they prefer and also helps us close a significant deficit in the State Bar Admissions Fund,” said State Bar Board of Trustees Chair Brandon Stallings.
