Virginia Adopts the NextGen Bar Exam (But You Still Need to Master Virginia Law)

If you’re planning to take the Virginia Bar Exam in July 2028 or later, here’s what you need to know: Virginia is switching to the NextGen Bar Exam, but you’ll still need to pass a separate Virginia essay exam testing state-specific law. And here’s the critical part many bar takers might miss: Virginia law is often fundamentally different from the “black letter law” you learned in law school or will see on the NextGen exam.

Why This Matters: Virginia Doesn’t Follow the Crowd

Virginia is notorious among lawyers for doing things its own way. While most states have adopted uniform codes and model rules, Virginia frequently goes rogue. This means an answer that’s correct on the NextGen Bar Exam could be flat-out wrong on the Virginia essay portion.

Think you can study Evidence once and be done? Think again. Virginia’s evidence rules differ from the Federal Rules of Evidence in significant ways. Same for torts, criminal procedure, and civil procedure. Virginia still uses demurrers, for crying out loud – a procedural device you won’t find in the NextGen exam materials or in most other states.

This is precisely why Virginia is keeping its essay component when it adopts the NextGen format. The Commonwealth needs to know you understand how law actually works here, not just general legal principles.

The Virginia Essay Component: What You’re Really Facing

After the NextGen Bar Exam concludes on the morning of Day 2, you’ll sit for Virginia’s essay exam that same afternoon. This exam will be 3 hours or less and will test six subjects:

  • Domestic Relations – Virginia-specific family law
  • Evidence – Virginia rules, which differ from the Federal Rules
  • Torts – Virginia common law and statutes (contributory negligence, anyone?)
  • Virginia Civil Procedure – Including those lovely demurrers
  • Virginia Criminal Law & Procedure – Virginia Code and Virginia case law
  • Wills, Trusts & Estates – Virginia statutes on estates

The Virginia Board of Bar Examiners announced it will use an essay format for this component. That’s good news if you’re better at essays than multiple choice, but it also means the graders will be looking for Virginia-specific rules, not general principles. The Virginia component of the exam will be graded right here, by Virginia lawyers designated by the Virginia Board of Bar Examiners.

The Overlap Problem: Same Subject, Different Rules

Notice that some subjects appear on both exams? Evidence, Torts, and Criminal Law show up on the NextGen exam and the Virginia essay component. Do not make the mistake of thinking you can study these subjects once.

Here’s an example of why: On the NextGen exam, you might encounter a torts question about comparative negligence – the rule followed by most states. Get that question right and move on. But on the Virginia essay exam, if you apply comparative negligence instead of Virginia’s contributory negligence rule, you’ve blown the question. Virginia is one of only a handful of jurisdictions still using pure contributory negligence, where a plaintiff who is even 1% at fault recovers nothing.

The same principle applies across these subjects:

  • Evidence: Virginia has its own rules that diverge from the Federal Rules of Evidence in important ways
  • Criminal Procedure: Virginia has unique procedures, bond rules, and appellate processes
  • Civil Procedure: Virginia retained common-law pleading concepts that disappeared elsewhere decades ago

You need to know when Virginia zigs while the rest of the country zags.

Understanding the NextGen Bar Exam (The National Component)

Now for some background on what the NextGen Bar Exam actually is. The National Conference of Bar Examiners (NCBE) is discontinuing the current Multistate Bar Examination (MBE) after February 2028. Virginia, like many other jurisdictions, will replace the MBE with this new exam format.

The NextGen Bar Exam is 9 hours total, administered over 1.5 days:

  • Day 1: 6 hours (two 3-hour sessions with lunch break)
  • Day 2, Morning: 3 hours
  • Day 2, Afternoon: Virginia essay component (3 hours or less)

What Does NextGen Test?

The NextGen exam covers foundational legal concepts using multiple question formats – multiple-choice questions (about 49% of the exam), short answer questions, essays, and performance tasks that simulate real lawyering work.

Subjects tested on NextGen:

  • Business Associations
  • Civil Procedure
  • Constitutional Law
  • Contract Law
  • Criminal Law
  • Evidence
  • Family Law (starting July 2028)
  • Real Property
  • Torts

Skills tested on NextGen:

  • Legal Research
  • Legal Writing
  • Issue Spotting and Analysis
  • Investigation and Evaluation
  • Client Counseling and Advising
  • Negotiation and Dispute Resolution
  • Client Relationship and Management

The NextGen exam tests general legal principles – the “model” rules and majority approaches you learned in law school. It’s designed to assess minimum competency to practice law anywhere in the United States.

Why Virginia Keeps Its Own Essay Exam

Here’s the fundamental issue: Virginia law frequently departs from these national standards. The Commonwealth has its own statutes, its own common law tradition, and its own way of doing things. If you’re going to practice law in Virginia, you need to know Virginia law – not just general principles.

The Virginia Board of Bar Examiners recognized this problem. You could theoretically pass the NextGen exam with flying colors while knowing nothing about how lawsuits actually proceed in Virginia courts or what rules Virginia judges will apply.

That’s why Virginia is maintaining a separate, state-specific component. The Board wants to ensure that anyone licensed to practice in Virginia actually knows Virginia law. This isn’t just an academic distinction – it affects real clients with real legal problems.

Your Study Strategy: Two Different Exams, Two Different Bodies of Law

If you’re taking the Virginia Bar Exam starting July 2028, treat this as two separate tests:

1. The NextGen Bar Exam: Study general legal principles, model codes, majority rules, and fundamental lawyering skills. This is the national standard competency test.

2. The Virginia Essay Exam: Study Virginia statutes, Virginia case law, and Virginia-specific procedures. When Virginia law conflicts with general principles, know Virginia’s rule cold.

For subjects that appear on both exams (Evidence, Torts, Criminal Law), you’ll need to keep both sets of rules straight. Make flashcards, create comparison charts, do whatever it takes to avoid mixing up federal/general principles with Virginia-specific rules.

Score Portability (A Silver Lining)

One advantage of the NextGen format: scores are portable across jurisdictions. If you take the exam in another state first, you can transfer your NextGen score to Virginia. You’ll still need to take Virginia’s essay component, but you won’t have to retake the entire exam.

Similarly, if you take the NextGen exam in Virginia and want to practice elsewhere, you may be able to transfer your score to other participating jurisdictions (assuming they accept transferred scores).

The Virginia Board plans to revise its rules to accept NextGen scores earned before Virginia’s first administration in July 2028. This could be helpful if you’re considering practice in multiple states or want to get licensed in Virginia while living elsewhere.

LexBar Will Prepare You for Virginia’s Essay Component

This is exactly what LexBar was built for: mastering Virginia-specific law. We’ve spent years helping students understand Virginia’s unique rules, procedures, and approaches. The introduction of the NextGen exam doesn’t change that mission – if anything, it makes focused Virginia bar prep even more important.

When you study with LexBar, you’ll learn:

  • How Virginia law differs from general principles
  • What the Virginia Board of Bar Examiners actually tests (and how frequently)
  • How to write answers that apply Virginia law correctly
  • Practice questions based on past Virginia essay exams

The new Virginia essay component will test six of the subjects we’ve been teaching all along. Our materials focus on the high-frequency topics within each subject and the Virginia-specific rules that show up repeatedly on Virginia essay exams. We know what the Board tests because we’ve analyzed decades of past Virginia essay questions.

When July 2028 rolls around, LexBar will have comprehensive preparation materials for Virginia’s essay component. You’ll study the distinctions that matter – the places where Virginia law diverges from what you learned in law school or will see on the NextGen exam.

Timeline and What to Expect

  • February 2028: Last administration of the current MBE
  • July 2028: First administration of NextGen Bar Exam in Virginia with Virginia essay component
  • Now through 2028: Law schools adjust curricula; bar prep companies develop NextGen materials

The Board announced this change early to give everyone time to prepare. That’s the right approach – no one benefits from last-minute surprises.

For current law students: Talk to your professors about how your school will address the NextGen exam. Many schools are already adjusting their curricula to align with the tested skills and knowledge areas.

For bar prep: You’ll need materials for both the NextGen exam (general principles) and Virginia’s essay component (state-specific law). Don’t assume that one set of materials covers both.

The Bottom Line

Virginia is adopting the NextGen Bar Exam starting July 2028, but you’ll still need to pass a separate Virginia essay exam. These are two different tests requiring two different bodies of knowledge.

The NextGen exam tests whether you understand general legal principles and can perform fundamental lawyering tasks. Virginia’s essay component tests whether you know Virginia law – the specific statutes, procedures, and rules that govern legal practice in the Commonwealth.

Yes, some subjects appear on both exams. No, you cannot study them together and call it done. Virginia law is different, and those differences matter. An answer that’s correct on the NextGen exam might fail the Virginia essay component if you don’t know Virginia’s specific rules.

Prepare for both exams. Master Virginia law. Get licensed.

The bar exam tests minimum competency – and with focused preparation on both components, you’ll clear that threshold. Just remember: When in Rome, do as the Romans do. When in Virginia, know Virginia law.

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