Wednesday, December 2, 2015

Developer of Law School Admission Test (LSAT) Disputes Advocacy Group's Bar Exam Claims (Michael Simkovic)

The Law School Admission Council (LSAC)--the non-profit organization which develops and administers the Law School Admission Test (LSAT)--recently issued a press release disputing claims by the advocacy group "Law School Transparency" about the relationship between LSAT scores and bar passage rates.  "Law School Transparency," headed by Kyle McEntee, prominently cited the LSAC National Longitudinal Bar Passage Study (1998) as a key source for "Law School Transparency's" claims that many law schools are admitting students who are unlikely to pass the bar exam based largely on their LSAT scores.  McEntee's group's claims of bar passage risk were widely disseminated by the national press.

However, according to LSAC, the Longitudinal Bar Passage Study does not provide much support for "Law School Transparency's" claims.  Moreover, "Law School Transparency's" focus on first time bar passage rates is potentially misleading:

"The LSAC [National Longitudinal Bar Passage] study did state that 'from the perspective of entry to the profession, the eventual pass rate is a far more important outcome than first-time pass rate.' This statement is as true today as it was 25 years ago. As noted by LST, the LSAC study participants who scored below the (then) average LSAT score had an eventual bar passage rate of over 90 percent.

Kyle McEntee and David Frakt responded to some of LSAC's critiques--partly on substance by pointing out disclaimers in the full version of "Law School Transparency's" claims, partly by smearing the technical experts at LSAC as shills for law school--but notably did not explain why "Law School Transparency" chose to focus on first time bar passage rates rather than seemingly more important--and much higher--eventual bar passage rates. 

Eventual bar passage rates were the focus of the National Longitudinal Bar Passage Study.  The LSAC study's executive summary highlights eventual bar passage rates and detailed data is presented on page 32 and 33.  Even among graduates of the lowest "cluster" of law schools, around 80 percent eventually passed the bar exam.

According to LSAC:

"The LSAC National Longitudinal Bar Passage Study was undertaken primarily in response to rumors and anecdotal reports suggesting that bar passage rates were so low among examinees of color that potential applicants were questioning the wisdom of investing the time and resources necessary to obtain a legal education."

"Law School Transparency" has revived similar concerns, but without a specific focus on racial minorities.*

There may be legitimate concerns about long term eventual bar passage rates for some law students.  However, "Law School Transparency's" back-of-the-envelope effort, focused on short term outcomes, does not provide much insight into long-term questions.  The most rigorous study of this issue to date--the LSAC National Longitudinal Bar Passage Study--concluded that "A demographic profile that could distinguish first-time passing examinees from eventual-passing or never-passing examinees did not emerge from these data. . . . Although students of color entered law school with academic credentials, as measured by UGPA and LSAT scores, that were significantly lower than those of white students, their eventual bar passage rates justified admission practices that look beyond those measures."

Unfortunately, some newspapers reported "Law School Transparency's" bar passage risk claims in ways that suggested the claims were blessed by LSAC, or even originated from LSAC.  For example, one prominent newspaper's editorial board wrote that "In 2013, the median LSAT score of students admitted to [one law school] was in the bottom quarter of all test-takers nationwide. According to the test’s administrators, students with scores this low are unlikely to ever pass the bar exam."
 
Journalists should not have uncritically reported (or exaggerated) "Law School Transparency's" claims without consulting experts at LSAC, and certainly should not have attributed those claims to LSAC.
 
 
* Many law schools that serve students with low LSAT scores have racially diverse classes. Thus, denying admission to students with low LSAT scores could  affect racial minorities as well as other students.

http://leiterlawschool.typepad.com/leiter/2015/12/developer-of-law-school-admission-test-lsat-disputes-advocacy-groups-bar-exam-claims-michael-simkovi.html

Guest Blogger: Michael Simkovic, Law in Cyberspace, Legal Profession, Of Academic Interest, Science, Web/Tech, Weblogs | Permalink