California and Montana to Adopt NextGen UBE in 2028

California and Montana have announced plans to adopt the NextGen UBE in 2028. California will begin administering the NextGen UBE in July 2028, while Montana will introduce the exam in February 2028. A total of 52 U.S. jurisdictions have now committed to adopting the NextGen UBE by July 2028. Ten jurisdictions are scheduled to administer the new examination for the first time later this month.

Although the NCBE develops the NextGen, the highest court of each jurisdiction retains authority over attorney admissions and works with its respective bar admissions board to administer the licensing process. The NextGen UBE will replace the legacy UBE and allow score portability among participating jurisdictions.

The redesigned examination has been developed to better reflect the day-to-day responsibilities of newly licensed lawyers. It assesses candidates across nine core areas of legal doctrine: civil procedure, contract law, evidence, torts, business associations, constitutional law, criminal law, real property, and family law.

The exam evaluates seven foundational lawyering skills, including legal research, legal writing, issue spotting and analysis, investigation and evaluation, client counselling and advising, negotiation and dispute resolution, and client relationship management. Ethical principles are integrated throughout the examination rather than assessed as a standalone subject.

According to the NCBE, the NextGen UBE is intended to provide a more balanced assessment of the knowledge and practical skills required in both litigation and transactional legal practice. The redesigned exam also aligns with evolving legal education, reflecting the growing emphasis on clinical education, alternative dispute resolution, legal research, legal writing, and analytical training.

The content and structure of the new examination were informed by a multi-year, nationwide legal practice analysis that identified the knowledge and skills most critical for newly licensed attorneys, defined as lawyers within their first three years of practice. The study sought input from legal professionals across diverse practice settings to ensure the examination reflects the realities of modern legal practice.

Like the current UBE, the NextGen UBE will continue to be administered by individual jurisdictions, with the written components graded locally. However, the new examination introduces enhancements to the grading process through a centralised grading platform and a structured, criterion-based scoring model that incorporates double grading and reconciliation procedures to promote consistency and fairness.

The format of the examination has also been streamlined. The NextGen UBE will be administered over one and a half days, consisting of six hours of testing on the first day and three hours on the second day. By comparison, the legacy UBE is typically conducted over two full days with approximately 12 hours of testing.

The adoption of the NextGen UBE by California and Montana further strengthens its national recognition. As more jurisdictions implement the exam over the next two years, the NextGen UBE is poised to become the primary pathway to attorney licensure across the United States.