National Essay Day: A Bar Exam Tradition Under Threat? Not Necessarily

Every February 28, we celebrate National Essay Day, a day dedicated to recognizing the power of essays in shaping critical thinking, communication, and analysis. The date honors the birth of Michel de Montaigne, a French philosopher credited with developing the modern essay in the 16th century.

In the legal profession, essay writing has long been a fundamental skill, particularly in law school and on the bar exam. For decades, bar takers have demonstrated their ability to analyze legal issues through essays that require structured Issue, Rule, Analysis, and Conclusion (IRAC) responses.

But with the upcoming NextGen Bar Exam, traditional essays as we know them may be disappearing—raising concerns in Ohio and beyond.

Ohio’s Concerns: The Disappearance of Traditional Essay Writing

The Ohio Supreme Court’s NextGen Advisory Committee recently recommended the adoption of the NextGen Bar Exam, beginning July 2028. However, the Committee raised a major concern in its report recommending the adoption of the NextGen Bar Exam: The new exam will remove traditional essay questions, replacing them with performance tasks (which seem to be shorter versions of the existing Multistate Performance Tests) and integrated question sets that include questions needing written responses in only a few sentences.

Despite the recommendation to adopt NextGen, the Committee identified several ongoing concerns, including the following ... One known aspect of the NextGen exam is that it eliminates the essay questions that currently exist in the UBE. This concerns the Committee in two ways. First, the lack of extensive writing components could indicate a lack of rigor in testing. Second, without the written component and in view of the need for law schools to teach to the test, there is concern that the IRAC-style of legal analysis will either not be taught or will be taught with less emphasis. — Report & Recommendations of the NextGen Advisory Committee

For decades, Ohio’s bar exam (along with most jurisdictions) has required applicants to draft full essay responses, analyzing legal issues, applying rules, and reaching conclusions in a structured format. These essays were a direct test of an applicant’s ability to think critically and write persuasively—both of which are essential skills for practicing attorneys.

Without essay-style responses, the Ohio committee expressed concerns that:

⚠️ Legal writing skills may not be assessed as rigorously. Essay responses require bar takers to construct arguments, identify counterarguments, and support conclusions. The shift to shorter answers may not fully capture an applicant’s ability to synthesize complex legal issues.

⚠️ Students may not practice IRAC-style writing as much. If essay writing is no longer tested on the NextGen Bar Exam, some bar takers may not prioritize practicing longer, structured legal arguments.

⚠️ New attorneys may enter practice with less exposure to structured legal writing. Legal practice requires attorneys to draft motions, contracts, and legal opinions in a structured format. Without bar exam essays reinforcing these skills, bar takers could be less prepared for real-world legal writing.

Recognizing these risks, the Committee recommended that Ohio develop a more substantive Ohio Law Component to replace the state’s current open-book Ohio law test. While the format of this new Ohio component is still under discussion, the report suggested it should include essay-style responses to ensure that bar applicants demonstrate legal writing proficiency​.

What This Means for Bar Examinees

Even though the NextGen Bar Exam is moving away from traditional essays, bar examinees should not ignore IRAC-style writing. Here’s why:

1. IRAC is still essential in legal practice.

Even if the bar exam no longer tests traditional essays, structured legal writing remains a core skill. Lawyers must be able to organize arguments clearly, whether drafting motions, contracts, client memos, or legal opinions. Many of these documents rely on a variation of IRAC—analyzing the issue, applying the rule, and explaining the reasoning behind a conclusion.

Skipping essay practice just because it’s not on the bar exam could be a mistake. Many employers will expect strong legal writing skills, and law practice often requires structured analysis. If you’re preparing for the bar exam, keeping your IRAC skills sharp will benefit you beyond test day.

2. Practicing essay writing can still help with the NextGen bar exam.

While the NextGen exam won’t include full-length essays, the new format will still require structured responses in performance tasks. These tasks will test your ability to analyze legal problems and write concise, well-reasoned answers.

Practicing IRAC-style writing now can help you develop the discipline to:

✅ Organize your thoughts quickly. A structured approach like IRAC helps you break down legal problems efficiently.

✅ Write clearly and concisely. Even though the new exam may use shorter responses, clarity and logical reasoning will still be essential.

✅ Apply law to facts effectively. Performance tasks will require you to apply legal principles in a structured way, much like an IRAC essay.

3. The Ohio Law Component may still require IRAC responses.

Ohio’s new law component, which will replace the current open-book state-specific test, may include essay-style questions with the first administration of the NextGen Bar Exam. If Ohio decides to incorporate essays, bar takers will still need to demonstrate structured legal analysis.

This means that if you plan to take the Ohio bar exam or another jurisdiction that has already announced its adoption of the NextGen Bar Exam, it’s a good idea to:

✅ Keep practicing essay writing, even if NextGen doesn’t require it.

✅ Stay updated your jurisdiction's decision on any potential local component to the NextGen Bar Exam.

✅ Be prepared for a mix of traditional and new bar exam formats on the new bar exam.

4. The new performance tasks still require structured legal writing.

Although the NextGen Bar Exam eliminates full-length essay responses, the performance tasks will still require test-takers to demonstrate structured legal reasoning—just in a different format. Instead of answering an open-ended essay question using IRAC, bar takers will be given real-world legal tasks, such as drafting a client letter, a memo to a supervising attorney, or a portion of a contract.

While these tasks may not explicitly follow an IRAC structure, they still require the same logical thinking process:

✅ Identifying the key legal issue in the task.

✅ Applying relevant legal principles to analyze the problem.

✅ Communicating a clear and well-reasoned response based on the given facts and legal framework.

For example, a performance task might ask you to draft a client email explaining the risks of a contract clause. This still requires breaking down the legal issue, stating the relevant rule, applying the facts, and providing a clear conclusion—just in a more practical, client-friendly format.

Another task might require you to analyze whether evidence is admissible in a criminal trial and draft a motion to suppress. Here, you would need to identify legal issues (such as whether a search violated the Fourth Amendment), apply the relevant legal standard, assess how the facts fit within that framework, and craft a persuasive argument for suppression—all steps mirroring IRAC but within a real-world legal document.

Even though the presentation of your answer may change, the underlying legal reasoning process remains the same. By strengthening your ability to organize legal arguments in a structured way, you’ll be better prepared to adapt to the new exam format and perform well on the NextGen bar exam.

National Essay Day as a Reminder to Keep Writing

On this National Essay Day, take a moment to recognize the value of structured legal writing in law school, bar prep, and practice. Even though the bar exam is changing, the skills needed for success are not.

The NextGen Bar Exam may not include traditional essays, but that doesn’t mean IRAC-style writing is no longer important. Whether it’s through Ohio’s potentially revamped law component, the NextGen Bar Exam's performance tasks, or real-world legal work, structured legal analysis remains a critical skill—and one that all bar examinees should continue to develop.

IRAC isn’t dead yet—and that’s worth celebrating on National Essay Day.