Ask The Professor: If You Failed The NY Bar Exam, You Have A Problem

The UBE is coming to New York... so if you're re-taking the exam in February you'd better pass it.

The upcoming February bar exam will be the last New York Bar Exam in its current format. Starting July 2016, the New York Bar Exam will no longer test New York law. New York has adopted the Uniform Bar Exam (UBE) and if you do not pass in February, you will be taking and studying for a different exam in July.

The problem is that the UBE tests different subject matter than the exam you prepared for previously. If you retake New York this February and fail, you are going to have to start over by learning new substantive law for July.

The solution to the problem is simple: do everything you can to make sure you pass the bar exam this February. Seems obvious, but it really is necessary to pull out all the stops in your preparation. If you are unsuccessful this winter, you will need to learn new family law, wills, corporations, and the list goes on.

This will be my 79th consecutive bar exam helping students who have failed the bar exam. If the solution for those repeating the exam were as simple as advising them to study harder, then we would see a much higher retaker pass rate than we do. In New York, the pass rate for retakers can be as low as 20%. When you retake a test like the LSAT, you usually do better. However, that is not the case with the bar exam. Students who fail are more likely to fail again. If you fail the second time, you are even less likely to pass on the third attempt. And now that New York is changing its format, it will be even harder for New York retakers to pass.

If you are serious about passing the bar exam this time around, I strongly advise that you do not just re-take the same course you previously took or choose a different first-time bar course. They are certainly a good option when it comes to preparing for your first attempt at the exam, but won’t help you much on the second attempt. Most of your time in a first-time course is spent accumulating the law you will study later. The lectures communicate the law, then a few weeks before the exam when the classes end, you attempt to memorize as much as you can while trying to find time to practice questions. This time around you do not need to re-accumulate what to study. What you do need to do is learn how to memorize it effectively and how to use it to score points to pass the exam.

Most importantly, you need a game plan.

Let me assist you in formulating this plan by helping you understand exactly why you failed on your last attempt. Send your score sheet to me at info@marinolegal.com and I will go over it with you. It’s my pleasure to help; there is no fee.

Getting retakers to pass is what I do. I got JFK, Jr. to pass on his third attempt (after failing with two other courses) by raising his MBE score 49 points. I am credited with bringing the pass rate of New York Law School up from 57% to 94%. The New York Law Journal has called me “the go-to-guy for those in need of bar review.”

I created a specific course for the retaker of the New York Bar Exam. It comes with three hours of personal one-on-one tutoring with a tutor who has been thoroughly trained and certified by me. Please check it out. The course is online and on demand and is designed to accommodate the retaker who works and does not have 8 hours every day for 2 months to study.

You do not want to have to start over with the UBE in the summer. Do all you can to pass the exam this February.

I wish you good luck,

Prof JLM


Professor Joseph Marino has been a fixture in the world of legal education for the past 40 years. Whether you’re just starting law school, about to take the bar, or an attorney in need of CLE, he and Marino Legal Academy are here to help. He is the Director of Marino Bar Review and the Marino Institute for Continuing Legal Education. He writes a bimonthly column, Ask the Professor. Visit the Marino CLE page on ATL, connect with him onLinkedIn and Facebook, or email him via info@marinolegal.com.