What To Do If You Failed The UBE In Your Jurisdiction But Passed In Another

Like all good legal questions, the answer to whether you should get admitted in another jurisdiction is 'it depends.'

There has been a lot of debate in the legal education community about whether the recent expansion of the Uniform Bar Exam (UBE) to more jurisdictions is a good thing. From my perspective as an academic support professional, I think it is great because it allows us to more effectively help our students studying for the bar exam in many more jurisdictions. However, the old curmudgeonly lady in me wants students to have to suffer through multiple bar exams, each with state specific law, like I did.

With a little over half of all states now utilizing the UBE, some interesting situations have started to arise. For example, each state sets their own passing score for the exam. Currently, there is a 20 point spread between the lowest passing score and the highest passing score. In Alabama, Minnesota, Missouri, New Mexico, and North Dakota, the passing score is 260. In Alaska, it is 280. This often creates a situation where a student sits for the bar exam in one UBE jurisdiction and does not pass but achieves a high enough score to get admitted into another jurisdiction.

If you find yourself in this situation, your first question is probably whether you should get admitted in a different jurisdiction. Here are some factors for you to consider in making that decision.

Getting Admitted Will Boost Your Confidence

It feels good to get admitted and to be able to call yourself a lawyer, there is no denying that. Being able to take that next step in your career will definitely boost your confidence. If you do plan on retaking the bar exam in your jurisdiction, having increased confidence will go a long way in helping you pass. It also takes some of the pressure off of the situation.

And Help Your Job Search

As future lawyers, I don’t have to tell you that words and appearance matter. Being admitted somewhere can definitely help with your job search. A résumé that has a bar admission on it looks better than one that doesn’t. And it sounds better to say that you are sitting for the bar exam in your jurisdiction than to say that you failed the bar exam. Also, being admitted in any jurisdiction can make you eligible for job opportunities that require a bar admission in any jurisdiction (such as federal administrative courts).

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But It Will Be Expensive

Just like everything else related to the bar exam, getting admitted is expensive. I’ve personally paid admission fees of $400, $600, and $1,200. These costs don’t even factor in transfer specific fees that you have to pay to the jurisdiction or to the National Conference of Bar Examiners to transfer your scores. If you truly never plan on practicing law in the jurisdiction you are transferring your score to, your admissions fees are wasted money.

And It Might Be A Pain In The Ass

Some states have this pesky requirement that you appear in person to be admitted to the bar. Add the expense of flight and accommodations to the list above and your bottom line for this whole ordeal really skyrockets. Also, if you’re working, this would require taking time off. Don’t forget that there is always the possibility that you could be required to go to Minnesota or North Dakota in the middle of the winter. That sounds like fun, doesn’t it?

Don’t forget that the Continuing Legal Education (CLE) requirements are different in every state including cost, number of required credit hours, and specific requirements for in-person attendance. For example, it wouldn’t make a whole lot of sense to get admitted in Alabama if you live in New York and would have to go to Alabama every month in person to do CLE credits. Be sure to look into the CLE requirements before making your final decision.

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Or Worse… Unethical

Last, but certainly not least, you have to consider whether there are any ethical considerations to getting admitted in another jurisdiction. Believe it or not, not all states want students who failed the bar in other jurisdictions swarming to their state to get admitted. Some jurisdictions require that you have an intent to practice law in that state in order to be admitted. I cannot overemphasize how important it is for you to carefully read and understand the rules and requirements for admission before applying. The last thing you need is to have some sort of ethical violation against you because you were trying to get admitted into a jurisdiction where you never intended to practice law in the first place.

I hate to break it to you but, like all good legal questions, the answer to whether you should get admitted in another jurisdiction is “it depends.” But, if you go through these factors and the expense and ethics work out for you, I say you should go for it!  


Kerriann Stout is a millennial law school professor and founder of Vinco (a bar exam coaching company) who is generationally trapped between her students and colleagues. Kerriann has helped hundreds of students survive law school and the bar exam with less stress and more confidence. She lives, works, and writes in the northeast. You can reach her by email at info@vincoprep.com.