What happens if you only pass one section of the bar but fail the overall bar? Should you sit for that section that you failed or do you take the entire bar exam over again? I think it depends on which section you passed. I will use Florida as my test case. In this possible scenario, say you pass the Florida section but fail the MBE. Should you take the Florida section again to get carry-over points for your MBE score?
I think it depends on what your MBE score is. I usually tell my students that you have to stay competitive in the MBE and let your extra points on the Florida section pull you over the top. It is my experience that many of the students who pass the bar, do not pass the MBE or only has a 1-5 point pass on the MBE. That is why I think doing well on the Florida essays for those extra overage points can help you pass the overall bar, even if you do not pass the MBE.
Here is what I believe about the MBE. I do not think that a repeat taker will do substantially better that they do the first time around. Sure, you might get a few points higher – but if you need to raise your score substantially – i.e. say 7 points or higher, that is a big a mountain to climb.
First, evaluate your scores. Were there subjects that you were just horrible in or were you pretty consistent on each subject? If you were awful in real property, you may, by concentrating on that subject, be able to push your scores up. If you were consistent on each subject, the likelihood of you raising your points by more study is probably not going to happen.
Next, start to re-read your outline book, starting from your weakest subject to your best subject. Then you must again practice, practice, practice. I think commercial review courses will not help at this point. You have learned the most you will learn in your first go around. Listening to 4 hour multistate lectures will not help you.
I also believe that once you fail the bar that you would better spend your money on a private tutor, if a repeater is to spend any more money in the process. It is expensive, but working one on one with a qualified (and I mean qualified) tutor will push you over the finish line. To me, no price is too much to get you to your goal and start your life as a lawyer. A private tutor can help with the subject material, motivate you and keep up your confidence.
What you must decide is whether you think that you can score 7+ points on the MBE alone. Therein lies the dilemma. So the discussion now follows whether you should take the essays again.
Evaluate your essay scores. Did you pass the essays with a large margin? If you did, it’s an easier decision to make – you obviously write well and 3 more essays won’t freak you out. I think that if you sharpen up your writing with some more practice essays, you could get maybe another 5-10 points to bring over to your MBE scores. If you passed with only points to spare, you may not be able to pass another 3 more essays That’s the pros and cons of your situation. You must make the decision for yourself. Of course, it is easier to concentrate on only one section of the bar and if you think you can pull it up over 7+ points then go for the MBE alone. But you want to make sure that your second attempt is your last attempt. So do anything and everything to make that happen.
Don’t do anything rash or rush your decision making. But I would start reviewing the multistate subjects pretty much immediately. Don’t despair, don’t be depressed, but do get busy.
Next time, if you pass the MBE and not the essays, what should you do?
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I know someone who failed a portion of her state's bar exam and will have to retake the other portion in the winter. Even if she passes the second attempt, she is very worried that employers will know that she failed on the first try because her license will be issued for the year after her JD graduation. She has impressive credentials, but wishes to practice in one of the most competitive markets in the U.S. Any firm in the immediate and surrounding area that pays a living salary would not, even at gunpoint, hire someone who did not pass on the first try.
ReplyDeleteShe is contemplating telling prospective employers (whenever asked) that she did not attempt the bar immediately after graduation. She has a very credible excuse for doing so (beyond mere fatigue, which no one would believe).
I'm not sure what to tell her. It seems dishonest, but this economy is no time to be a moralist. Is there a significant likelihood that she would eventually be caught? Is an employer even likely to interview someone, nowadays, who isn't licensed the same year as graduation?
I am very concerned about this person, but I don't want to simply advise that she remain ethical when doing so would permanently doom her job search.