Nevada will not adopt the revamped national bar exam set to launch in 2026, joining California in favoring an alternative approach to licensing new lawyers. The Nevada Supreme Court has approved the development of a unique licensing process that blends traditional bar exam elements with a supervised practice requirement, according to a memo released Tuesday by Richard Trachok, Chairman of the Nevada Board of Bar Examiners.
This alternative system, known as the “Nevada Plan,” bypasses the NextGen Bar Exam currently being developed by the National Conference of Bar Examiners (NCBE). The Nevada Plan features three key components that law students can complete during their education, enabling graduates to become licensed lawyers shortly after finishing law school. According to a task force behind the plan, it offers better public protection and provides a more accurate and fair assessment of legal competence.
California became the first state to announce in August that it would not use the NextGen test, a decision projected to save up to $3.8 million annually, partly due to remote testing options. Following suit, Nevada’s choice to go its own way is attracting attention from other states considering similar alternatives, according to Trachok.
“The court made the decision: ‘We’re not going with NextGen — we’re going our own way,’” Trachok said in an interview on Wednesday. He added that details of the plan are still being finalized, with an official announcement likely within the next year.
The Nevada Supreme Court has yet to make a formal public decision, according to a court spokesperson, but the alternative licensing system is expected to be implemented in the near future.
Key Features of the Nevada Plan
Unlike the NextGen Bar Exam, which will be adopted by 23 other jurisdictions, Nevada’s approach allows law students to complete much of the licensing process before they graduate. This includes a 100-question multiple-choice exam on foundational legal principles, offered four times annually, starting as early as the third semester of law school.
In addition to passing this exam, aspiring lawyers must complete 40 to 60 hours of supervised practice, which can be fulfilled through law school clinics, pro bono work, or externships. The final component is a one-day performance test, administered shortly after the student’s final semester.
The Nevada Plan is designed to provide a more practical evaluation of legal skills and ease the pathway to practice law. However, because it is specific to Nevada, attorneys licensed under this system may not be able to transfer their scores to other states, said Judith Gundersen, president of the NCBE. Nevertheless, the NCBE will continue supporting Nevada’s broader admissions activities.
Response to National Trends
The push for alternative licensing pathways reflects growing criticism of the traditional bar exam. Critics point to the test’s high costs, racial disparities in pass rates, and the argument that the exam does not adequately assess practical legal skills. Several states have already adopted, or are exploring, alternatives to the bar exam altogether, including supervised practice models and diploma privilege options.
With just one American Bar Association-accredited law school and 479 bar exam applicants in 2023, Nevada is a relatively small jurisdiction. Still, its move away from the national model could influence other states to follow suit, particularly as concerns over the relevance and fairness of the bar exam continue to mount.