Bar Exams, Biglaw

Biglaw Associate That Failed The Bar Exam? You're Out.

As if aspiring lawyers need more pressure surrounding the bar exam.

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test-anxietyShould Biglaw associates who fail the bar exam on the first try get fired from their jobs?

As if aspiring lawyers need more pressure surrounding the bar exam. But as bar exam results are being released, there’s a question that must be asked: should their big-time jobs — the brass ring after a lifetime of academic success — be taken away if they can’t manage to get over that last hurdle on their first attempt?

We ask the question because of rumors swirling that a certain West Coast firm has been harsher than it historically has been in dealing with first-year associates who fail the biggest exam of their lives. From a tipster:

While [the firm] praises itself for being fiscally sound and providing job security, this Monday, the firm told the first year associates that did not manage to pass the bar the first time that [the firm] will not be giving them a second chance. This comes after we are seeing all-time-low passing rates in places like California and even more importantly, after the firm has told these brilliant people all the way back from OCI that they give the standard two attempts, influencing their decision on which offer to accept.

My colleagues had no warning and were led to believe that the firm has always given associates a second chance. There are even midlevel associates who have done it three times. People last year were also given a second chance, which is why I was shocked when one of the first-years walked into my office and told me what they have done to them. This information came with no warning, no precedent, and was handled poorly.

These smart people, some of whom I have had the pleasure of working with, had no warning and no notice. They were told they are being let go despite their excellent work product and stellar reviews, because of firm financial reasons. I guess they made the decision to match the 180 scale but that is how they then in turn began to treat us as associates?

This has definitely brought morale down and has made me reconsider my own views of the firm and how I feel about continuing to work here.

But here’s the rub: it seems that not all first time fail-ers were treated the same. Insiders at the firm have confirmed that others have gotten a reprieve and a second chance to pass the bar. While there don’t appear to be any hard and fast rules about which associates are beneficiaries of the “exception,” there does seem to be bitterness from those told to clear out their desks.

But should young associates get another bite at the apple? The difference in your day-to-day work between being an un-admitted associate and a junior associate that’s a member of the bar is… pretty much nothing. On the other hand, the firm is hiring (and paying) associates to be grown-up esquires, not just paralegals with more educational debt.

But a one-and-done policy is rough. Especially when others right down the hall are deemed worthy of an “exception.”

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Perhaps it’s best to learn early in your career that it’s harsh out there. No one is looking out for you or rooting for your success.

It’s on you to figure out your career. If you’ve failed the bar and lost your job as a result, well, that’s two sucky things that’ve happened to you right in a row. But do not forget — rebounding is possible. You may wind up somewhere different than where you thought you’d be, however, that doesn’t mean it’s the end of your career. After all, bar exam failures can be mayors, governors, Biglaw partners, or even Supreme Court justices.

Earlier: The Bar Exam: A List of Famous Failures

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headshotKathryn Rubino is an editor at Above the Law. AtL tipsters are the best, so please connect with her. Feel free to email her with any tips, questions, or comments and follow her on Twitter (@Kathryn1).

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