Recency Bias and the Bar Exam: A Double-Edged Sword
A student recently shared that she was able to answer an essay question correctly because she had just reviewed the material on that topic. That’s great—except, what if the question had been on a different topic? Would she have still answered correctly? Or would she have tried to force the rules she had just studied into the fact pattern?
That’s the danger of recency bias—our tendency to give undue weight to the most recent information we’ve encountered. In bar exam prep, recency bias can lead to misidentifying legal issues simply because the brain defaults to what it just experienced, rather than what actually applies.
How Recency Bias Can Hurt Your Bar Exam Score
Recency bias can subtly undermine your bar exam performance in multiple ways. While it may feel reassuring to rely on the most recent material you've studied, this can distort your ability to correctly identify and apply legal principles across different fact patterns. Below are some common pitfalls to be aware of.
Misidentifying Issues: If you just reviewed hearsay exceptions, for example, you might be more inclined to see hearsay where none exists—ignoring the real issue, such as a confrontation clause violation. This is because your brain naturally wants to apply the most recent knowledge, even when it doesn’t fit. Misidentifying issues can lead to an entirely incorrect analysis and a lower score, making it crucial to take a step back and objectively assess the fact pattern before diving into the response.
Overconfidence in One Topic, Neglect of Others: Answering a question correctly based on a recent review may give you a false sense of mastery. Just because you recalled something easily today doesn’t mean it’s well-retained for exam day. This overconfidence can cause students to allocate less time to other subjects that may need more attention, leading to gaps in overall preparedness.
Uneven Preparation: Recency bias can cause students to focus disproportionately on topics they just studied, rather than maintaining a balanced, strategic review of all subjects. If you spend too much time reinforcing what is fresh in your mind, other important subjects might not receive the repetition necessary for long-term retention. This can also lead to gaps in knowledge when facing an unexpected essay question or multiple-choice problem on test day.
How to Prevent Recency Bias
Recognizing the risks of recency bias is only half the battle. Actively working to counteract it is essential for effective bar exam preparation. Implementing these strategies can help ensure a well-rounded and balanced approach to studying.
Mix Up Your Practice: Rotate subjects daily rather than reviewing one subject intensely before moving to the next. This combats the “what I just studied” effect and reinforces long-term retention. For example, rather than spending an entire week on Contracts, alternate between Contracts, Evidence, and Criminal Law so you engage with multiple subjects regularly.
Use Spaced Repetition: Instead of cramming, revisit topics at strategic intervals to ensure recall isn't tied solely to recent exposure. Using study methods like the Leitner system with flashcards or setting up a rotating schedule of review can help reinforce learning without overemphasizing the most recent material.
Issue Spot Broadly: When practicing essays, force yourself to read the facts neutrally before deciding what issue is present. Ask: “What’s really being tested here?” instead of “What’s the last thing I studied?” This ensures that your analysis is driven by the fact pattern itself rather than subconscious cues from recent study sessions.
Diversify Practice Questions: Don’t just do 10 Torts multiple-choice questions in a row. Mix in Constitutional Law, Criminal Law, and Contracts so your brain isn’t trained to expect only one type of issue. The bar exam is unpredictable, and exposing yourself to multiple subjects in one study session mimics the test-taking experience and helps eliminate biases.
Recency bias is natural, but it’s also manageable. The bar exam isn’t about what you studied last—it’s about what you truly know and can apply under pressure.
