In an article published by the ABA, Erica Moeser, president of the National Conference of Bar Examiners, confirmed that the mean scaled score on the February administration of the Multistate Bar Examination fell to 135. It was down 1.2 points from the previous year and the lowest average score for a February MBE in 33 years.
Even though the overall number of test-takers increased this year, the drop in the mean scaled score is alarming. The trend has been to attribute the drop in MBE numbers to law schools accepting students with lower LSAT scores. While there is probably some correlation there, very few are talking about how difficult the MBE has become.
Even before adding Civil Procedure as a subject, the MBE was becoming increasingly difficult. Either law schools or commercial bar review courses (or both) are failing to prepare law school graduates for this exam. Perhaps it is, as the ABA likes to assert, the quality of the examinees that has led to the decline.