Ask The Professor: Why Did I Fail The Bar Exam?
On your next attempt, maybe you need something the first-time bar prep courses don't offer.
Maybe I am not cut out to be a lawyer?
I should have studied harder.
I did not know enough law.
Students who I know spent less time studying than me passed, how is that possible?
What’s wrong with me?!
These are but a few of the comments I have heard over the last 40 years that I have been preparing students for the bar exam. Nearly every student I have talked to that failed knew enough law to pass, but just did not know how to get points with the law they knew.
And that is why they failed the exam.
They did not need to study harder, they did know enough law, they certainly are cut out to be a lawyer, and nothing is wrong with them (at least not when it comes to studying for the exam).
It is a test and you need to know the content, but you also need to know how to score points.
It is not even a comprehensive test; maybe 25 rules of law on the essays (which breaks down to 2 or 3 rules per subject) and, on the MBE, the content outlines cluster questions in certain areas and do not test much on others. For instance, with torts, nearly half the questions are on negligence and defenses and almost nothing on nuisance. If you took the MPT, it is all about how to score points because they give you the law!
I specialize in helping students retake the bar exam and created the only bar course exclusively for retakers. The reason I did so was because when you fail the exam the first time and retake a bar review course to prepare for the bar exam for the second time, you are simply taking a first-time taker course again. First-timer bar review courses can be broken into two parts: 1) the comprehension and skill phase which is the bar course; and then 2) the memory and exam performance phase which you do on your own after the bar course is over.
A first-time bar course teaches a lot of law, comprehension of the overall subject matter, and instructs you on how to take the test, but does not train you to pass. They tell you what to do. Then when classes are over you have to decide on what to memorize and bring your skills to exam performance. You do this alone using the skills and ways you studied in law school. And thus, bar results mimic law school; you pass in GPA order. When students fail, many study on their own or retake a first-time course and wonder why they failed again. Pennsylvania just released its winter bar exam results: The pass rate is just 52%.
When retaking the bar, you need to focus on memory and exam performance. If you studied hard the first time around, you know the law. Your problem is that you need to learn how to apply it to the test questions to increase your score. When choosing how to study the second time around, keep in mind that a first-time course is designed for a first-time taker — i.e., it gives you all the law you need to know and it is up to you to learn how to apply it. On the other hand, a retaker course focuses on memory and exam performance. It trains you on the law that is tested and how to score points. While a first-time course is designed for a first-time taker, a retaker course is designed for a person that is retaking the exam.
Why did you fail? Because you could not get enough points to pass. It is why first-timers and retakers fail.
Here is some advice about restudying for the exam:
First: do not go it alone. Don’t just squirrel up in some room and study prior bar material. Get some help. Consider a tutor or a specialized course. You need structure and guidance. You need a plan.
Second: do not surgically study. Meaning, do not decide you failed because of a certain subject or part of the test and just concentrate on bringing that portion up. You will only see-saw. Concentrate on the MBE and your local day drops. You need balanced preparation while you also correct what did not work for you the last time.
Third: don’t just do lots of questions without laying a substantive and skill foundation. Be strategic, reacquaint yourself with the law, learn a method, practice it and then perfect it by doing lots of questions when you are ready; not right from the start. When it comes to doing questions, quality not quantity is key. The bar examiners wrote each question with a specific answer in mind. To find that answer, you need a method and you need to develop that method to work within the time allotted.
Fourth: don’t confuse familiarity with knowledge. Students go over the same notes they studied the first time and many times get less out of them because they are familiar and the student thinks they know it. Consider changing what you study to force yourself to learn the rules instead of merely reviewing what you already learned. Or change how you study the same notes. Do not just read them over without considering whether you truly understand how to apply them.
Fifth: study rules not subject areas. Learn a rule and how to score points with it. Don’t worry about the big picture. Concentrate on what rules are tested and memorize them.
If you failed, send me your score report and I will go over it with you. There is no charge or commitment. I will tell you exactly what went wrong and what you need to do to pass. Just email your score report to [email protected] along with your phone number and I will call.
The reason why people fail the bar is they did not get enough points. You studied the law. This time, focus on how to apply that law to get more points. Improve your methods and your strategy and your score will improve.
Good Luck!!!
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 on LinkedIn and Facebook, or email him via [email protected].
