St. John's Law Review

Misuse and Abuse of the LSAT: Making the Case for Alternative Evaluative Efforts and a Redefinition of Merit

By: Phoebe A. Haddon and Deborah W. Post

Abstract by: Elise Jaffe

Developed as a predictor of an individual’s law school success, the Law School Admissions Test (the “LSAT”) has become a widely used instrument in the law school admissions process. However, half a century after its creation, experience with the LSAT has revealed unanticipated misuses and abuses of the test scores. These unforeseen consequences create unfair barriers to legal education for those individuals who are poor LSAT performers, but who otherwise possess the qualities and skills that would make them fine attorneys.

Numerous problems are associated with over-reliance on LSAT scores. The LSAT manifests a narrow definition of “merit,” a definition that reflects aptitude rather than achievement. In addition, reliance on the LSAT emphasizes narrow academic skills while undervaluing other important lawyering skills and core values of the profession, including motivation, perseverance, interpersonal skills, problem-solving skills, oral communication and listening skills, and empathy for clients. More importantly, the test has been shown to have less predictive accuracy for women and minorities, so heavy dependence on LSAT scores by law school admissions offices disproportionately disadvantages those groups.

Despite acknowledged problems with reliance upon the exam, admissions professionals in law schools face significant pressure to emphasize the LSAT. They are pressured by deans and faculty members who frequently believe higher scores correspond to higherachieving students. Deans and faculty, in their turn, are pressured by external forces, like the American Bar Association accreditation process, selectivity rankings in U.S. News & World Report, and by alumni and trustees who are interested in seeing their school’s reputation gain a competitive edge over other law schools.

The authors call for legal institutions to reject the notion that standardized test scores equate with merit. The authors also identify three alternative approaches for reform: (1) reform of the LSAT itself, by which alternative “social competence” criteria would be incorporated into the exam; (2) adoption of a broader definition of merit, and evaluation of students in the law school admissions process on a “whole file” review basis; (3) abandonment of the LSAT as a requirement for law school admission.