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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 have 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.
First, evaluate your scores. Unfortunately, the NCBE has decided, starting this bar cycle, not to give you a raw score or to list how you did in each subject. This is of a great disadvantage to the repeat taker, since the repeat taker does not know if he has a weak or strong testing subject. But we do know, that in the past, the scaled score was anywhere between 12-18 points. So, you can approximate how you did, percentage wise, on the MBE. The closer you are to the magic 65%, the better you are to make improvements in the MBE for an outright 136 or above.
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 up your score on one section alone, then go for that one section 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.
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. Bar Professors, as a Florida bar tutor and an MBE tutor, has had much success with Florida repeat takers.
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Bar Professors provide private bar exam tutors for repeat takers who have difficulty with the MBE, MEE, UBE, Florida, California, and New York bar exams. You can find us at http://barprofessors.com, like us on facebook at BarProfessors, follow us on twitter @BarProfessors or email us at pass@barprofessors.com.
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