By: Sabrina Defabritiis
Each year, from mid-summer until fall, thousands of law school graduates’ lives are put on hold as they await their bar results. Then one day, with the click of a mouse, opening of an email, the wait is over. For those that pass, the feeling of joy is instantaneous. For those that don’t, the feelings are varied and include anger, sadness, embarrassment, and dread. While riding this rollercoaster of emotion, these law school graduates are left asking themselves: I failed the bar exam, now what do I do?
The answer to that question, like many law school answers is, it depends. First, as a result of the wide adoption of the Uniform bar Exam (UBE), if a graduate did not achieve a passing score in the state where they sat, they may still be able to transfer that score to another UBE state. This may be an option for graduates whose employer engages in multijurisdictional practice or if the graduate is simply required to be admitted to practice in a state, rather than a specific state. While the ability to transfer a UBE score does, for some, dimmish the impact of “failing” the bar, many are still left with the realization that they will need to retake the bar exam. If you find yourself in that position, follow the five tips below to put yourself on the path to passing the bar exam.
Only commit to retaking the bar exam if you have the time to prepare.
The first time you prepared for the bar exam, you may have been fortunate enough to have eight to ten weeks to dedicate to studying. As you prepare to retake the exam, you may be working full-time and your employer may not be willing to give you an extended period of time to study. Work is not the only hurdle, you may also have other life circumstance that require your time and attention, perhaps you are getting married, expecting a child, caring for a new born, or taking care of members of your family.
Anytime you allocate your time and effort to another significant commitment while preparing for the bar exam you are decreasing your chances of passing. You may think, what’s the worst that can happen, I fail again? In addition to increasing your likelihood of failing you may also be paying the examiners another large fee to retake the exam, not to mention the technology fees. Additionally, you may be repaying for a bar review course, or you may be wasting your “free” repeater course by using it at a time when you cannot fully invest in its resources. If becoming a licensed attorney matters to you then you must make the time to properly prepare for the bar exam.
Create a realistic study schedule
If you are willing to make the time, make each moment matter. If you are splitting your time with another commitment, begin by creating a realistic study schedule. If you are working full-time for the majority of the study period it is neither realistic to think that you are going to be able to put in 6 hours of active studying every night, nor is it realistic to save most of the studying for the two weeks before the bar exam that you have been able to take off from work.
Create a realistic schedule that allows for interruptions. For example, plan on studying four hours after work each night (or morning) three weekdays. If one of those day you have to work late, or have another obligation, then you still have two days that week to make-up the time. Weekends are nonnegotiable, especially if you have another full-time commitment. Weekends will be two full days of studying. By doing so, if you are able to secure two weeks off before the bar exam you will have built a solid foundation and can maximize your use of that time before the exam.
Don’t refuse help
While your pride may be telling you to hide from the rest of the world until you pass the bar, do not refuse an offer of help. If your law school professors offer to meet with you to discuss your experience with your first bar exam and help you prepare to retake the exam, take them up on their offer. Your professors can provide perspective on what may have gone wrong the first time and help you understand your score report. They can also help you develop a realistic study schedule, maximize the use of bar review resources, and if your state bar examiners return your written exam, they can review and provide feedback on your essays and performance tests.
Maximize the use of your study aides
Resist the urge to purchase numerous study aides. This approach is neither good for your wallet nor your study process. Hoarding countless bar review tools will only leave you with limited time to effectively use any one resource and ultimately an incomplete study program. That does not mean you must rely solely on the singular course you used the first time. Balance your resources so that each one helps to prepare for a component of the exam. You will need resources to learn the law, practice multiple choice questions, practice essay writing, and practice the performance test. You bar review course materials should be sufficient to help you learn the law, but if you struggled with the multiple choice or the written component on your first bar exam you may consider purchasing a supplemental resource to strengthen your performance in that area.
Own your weaknesses and actively work to improve
After failing the bar exam, a natural reaction is to blame the bar review program. Upon reflection, most graduates acknowledge that instead of studying harder, they should have been studying smarter. As you begin to study for your next exam, avoid common pitfalls. Simply doing thousands of multiple-choice questions will not improve your score. Begin with small sets of questions and take note of why you are getting certain questions wrong. This can help you identify why you may have underperformed on the first bar, possible reasons include: reading comprehension, misunderstanding the call of the question, unfamiliarity of the law, or timing. By first identifying your weakness you can be cognizant of it and work to remedy it as you practice additional questions.
Same applies to the written component. While preparing for your first bar you may have delayed practicing essays and performance tests because you did not feel like you knew the law well enough, or perhaps you were too focused on multiple-choice. Practice essays and performance tests early and often, even if you do not feel ready. Use the practice as an opportunity to issue spot, organize, and write under timed conditions. Follow this with a review of the model answers to see the issues you spotted and more importantly those you missed so that you can review those topics.