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Kaplan clarifies AI role in SQE, following scrutiny over AI-assisted bar exam questions

Kaplan defends AI involvement in SQE question development as the US bar controversy unfolds

Kaplan’s use of AI for question development in the Solicitors Qualifying Examination (SQE) has drawn attention amid a controversy in the US over the use of AI to assist in generating California Bar exam questions.

A recent statement from the California Bar revealed that some multiple-choice questions for the February exam had been developed with AI before undergoing review by content validation panels and subject matter experts. The AI-generated questions, created by independent psychometricians, are not linked to Kaplan, which produces its own question sets for the US Bar exam.

The revelation has sparked outrage among legal academics. Mary Basick, Assistant Dean at the University of California, Irvine, Law School, shared her frustration on LinkedIn, calling the use of AI in exam question development “unacceptable & utterly outrageous.” The post garnered widespread support, with many users echoing her disbelief.

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In the UK, Kaplan, which runs the SQE on behalf of the Solicitors Regulation Authority (SRA), has explained that it uses AI only as a tool for question development. A spokesperson clarified that no AI-generated questions are used in SQE assessments. Instead, Kaplan employs a team of solicitors who draft, edit, and review all questions, with AI acting as an additional resource for legal research and quality assurance during the development process.

Kaplan assured Legal Cheek that its use of AI aligns with its commitment to ethical and responsible practices. The company highlighted its rigorous review process, which involves a minimum of three solicitors in the drafting and validation of each question. They also noted that AI is tested alongside their established quality assurance measures to provide an extra layer of review.

This clarification follows a turbulent period for Kaplan and the SQE, including a major error last year when 175 candidates were incorrectly told they had failed the exam, leading to the revocation of training contracts for some students. Additionally, the SRA recently announced yet another increase in SQE exam fees, citing inflation as a contributing factor.

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