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Abstract: Given the convergence of rapidly developing generative artificial intelligence tools and the looming implementation of the NextGen Bar, it may be time to rethink whether the gold standard of assessment and feedback used by most legal writing professors is sufficient in assessing student skills. Or, rather, whether other means of assessment can serve a beneficial function in teaching legal writing.
First, this essay examines the rapidly changing state of legal practice. A major impetus for this change is the advent and accessibility of generative AI tools. Ignoring AI is not an option. Assessment in light of AI may require changes to our well-worn practices. Second, this essay takes into account that the way applicants are assessed to determine whether they should be admitted to the bar is changing. The NextGen Bar proposes to move away from an emphasis on memorization and towards an assessment of skills relevant to legal practice. While current assessment methods likely prepare students for practice, other forms of assessment may provide greater preparation for the newly formatted bar exam. Finally, this essay evaluates our current assessment practices and offers suggestions for how additional assessment may be incorporated.
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