Document, Document, Document: Lessons from the February 2025 California Bar Exam
The February 2025 California Bar Exam faced significant challenges, underscoring the critical importance of thorough documentation in legal practice. The State Bar's shift to a hybrid exam format—offering both remote and in-person options—was intended to modernize the testing process and save millions of dollars. However, the administration encountered numerous issues, including technical failures, inadequate communication, and logistical complications.
Examinees reported problems such as software malfunctions, difficulties logging in, and inconsistent instructions from proctors. Some test-takers were “kicked off” the platform and had to restart portions of the exam, while others were unable to upload their answers. In-person testers experienced delays of up to 90 minutes before starting their multiple-choice questions. These disruptions led to a class-action lawsuit against the testing vendor, Meazure Learning, alleging failure to provide a functional testing platform.
In response, the State Bar offered full refunds to applicants and scheduled retakes for those affected. The Board of Trustees acknowledged the myriad issues and emphasized their commitment to addressing them.
While the legal and logistical fallout of this bar exam disaster continues, one critical lesson stands out for all new lawyers: document everything, like the State Bar of California is doing.
Why You Need to Document Everything
The State Bar’s contract with its testing vendor laid out clear performance standards—standards that, according to reports, were not met. Every failure, delay, and malfunction was tied back to specific contractual provisions, which are now the foundation for accountability, potential legal action, and future changes.
For new lawyers, this is a powerful lesson in the importance of creating a paper trail. Whether you’re in litigation, transactional work, or compliance, the ability to track, reference, and prove what happened can be the difference between winning and losing a case, keeping or losing a client, and even protecting your own reputation.
1️⃣ It Creates Clarity and Accountability
The vendor’s contract required an “uninterrupted” testing experience, detailed data security protocols, and proctor training requirements. When these weren’t met, the Bar had written provisions to point to.
In practice, whether you’re negotiating a deal or handling client disputes, a well-documented email thread, contract clause, or meeting summary can make it clear who is responsible for what.
2️⃣ It Protects Against Future Disputes
Imagine an employer-employee dispute where verbal promises were made but never written down. Without documentation, proving what was said is nearly impossible. A quick follow-up email summarizing a conversation can prevent misunderstandings and serve as crucial evidence later.
3️⃣ It Supports Remediation and Resolution
The California Bar’s contract required incident reports and test irregularity summaries to be provided within one business day. Why? Because having real-time documentation allows for faster solutions and transparency.
Whether you’re responding to a discovery request, drafting a contract revision, or addressing a client complaint, detailed records help fix problems efficiently.
4️⃣ It Demonstrates Professionalism
Judges, opposing counsel, and clients appreciate thorough documentation. It signals organization, diligence, and a commitment to the highest standards of legal practice.
The Takeaway
The February 2025 bar exam vendor contract offers a clear example of how documentation can hold parties accountable. If the California Bar had not built a contractually documented framework, it would be difficult—if not impossible—to demand accountability from its testing vendor.
As a new lawyer, treat documentation as a core professional skill. It will serve you well in contract disputes, client interactions, court proceedings, and beyond.
Because in law, if it’s not documented, it might not have happened.
