It’s also 100% true that fewer than 66% of attorneys argue cases before a judge. (2024 ABA Litigation and TAR TechReport) It’s also true that only about 2% of Federal and 5% of State civil matters go to trial. If I hire a guy to file my incorporation papers, I don’t care if it takes him twice as long to cross the ts and dot the is as long as I get the correct result. There is no accommodation on the LSAT that accepts an incorrect result.
I think everybody taking the hard line on this issue forgets that the LSAT does not pass people into the profession of the law. The only role the LSAT plays is as a major (not sole) criterion for acceptance to law school. The LSAT is only moderately correlated to attorney success, and that’s after the bias that results from a long chain of selection events. Law school already takes out 15% to 20% of people in the first year. Another 20% fail to pass the bar on the first try.
I think you as one of the big dogs here would admit that there is far more to the practice of law than being able to answer trick questions involving the transformation of the positive argument structure in under two minutes. And that is something that cannot be measured on either the LSAT or the UBE.