Assess How You Did on the Exam and Determine Why You Failed
Get back to work, yes, but not blindly flipping through outlines or throwing money at any new bar review guru that promises the sun, moon and stars. Be smart and be a detective; figure out what you did and why you failed. Only when you know your weaknesses can you turn them around and get strong enough to pass.
Take a minute, and do the following Self-Assessment Exercise. Check off each of the entries that you believe applies to your situation.
Note: If you still cannot figure out why you did not pass the Bar Exam, seek help so that you can develop a sound plan to pass the next Bar Exam. But think about it for a little while, and take a good, hard look. When you get your scores back on each part of the Bar Exam, break down that information and assess it.
a) I did not know the law well enough.
Was your MBE score low? That is often an indicator that you do not have the depth of knowledge needed. Did you score significantly lower in certain essay subjects? If so, did you miss issues on those essays, or did you hit the issues but not explain the law correctly? Missing issues may indicate that you lack analytical skills or are deficient in reading comprehension, whereas hitting the issues but misstating the rules or not stating them with sufficient detail may show that you do not know the law well enough. If your problem was the former, your strategic plan may involve more practice-exam writing, whereas if your problem was the latter, you may need to study the law in a more in-depth manner.
The buck stops here.
Do you know what an easement is? Do you understand UCC Section 2207? If you don't really get it, in one or more subjects, admit that now. You can learn what you need to know. But do not set yourself up to fail again.
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b) I did not do enough practice exams.
If you scored low on the MBE, in addition to asking yourself how well you know the law, answer this question: How many MBE practice questions did you do? Did you do them all at once, or did you do some small number of questions consistently every day?
To do well on MBE questions, you must not only know the law in great detail but also be able to read accurately and very quickly eliminate wrong answers and choose the correct one. This is a skill, not a natural-born talent - a skill that comes from training. Studies show that consistent practice, daily if possible, yields better results than doing even more questions all at once. So start now, try to do at least 30 minutes of MBEs (about 17) each day, and plan on at least another half-hour to hour daily to analyze your answer choices.
If you scored poorly on your essays, your deficiency again may be in not knowing the law well enough. However, this also may be an indicator that, even if you knew the law, you were not able to express the rules quickly and accurately in your own words or that you failed to spot and/or analyze all the issues fully enough. If any of these is your situation, you likely did not do enough practice tests.
Practice tests are critical. Write your answers to essay questions "open book" for the first month, then "closed book" for the month before the Bar Exam. Do them under timed conditions. Read and annotate the question, outline your answer, then write out your answer in full. Then, compare your answer to a good model or sample answer, and come up with several clear ways in which you could improve your own answer.
If time permits, either rewrite your answer to "imprint" the improved version, or even copy out the sample answer. Remember, in writing practice essays, you are not only learning the law but also training your analytical skills and sharpening your ability to state rules of law accurately and succinctly and apply them fully to new fact patterns.
Writing practice exams also helps rein in the dreamers. Some applicants fail because they go beyond the scope of the fact patterns, read into things, assume facts not in evidence.
If you have this tendency, try reading more slowly, track each word with your pencil as you read and underline the facts that seem critical. Then, outline carefully, and cross out facts as you incorporate them into your final answer.
Stop yourself from any "what ifs." For example, if the facts in a torts essay say the plaintiff is a minor, stay away from asking yourself questions like, "What if the party were an adult?" Why bother! The party is a minor, period, end of story.
In real life, facts at the trial level (and before) are often malleable and not set in stone. This also is true many times on performance tests, and, on those, you can read with a critical, even cynical eye and evaluate the credibility of facts.
But facts on essay questions are more like appellate-court records, and they are fixed. Just read what is there on the page, and draw your conclusions from analyzing only those given facts.
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c) I had not mastered the skills needed to write effective performance tests, essays and multiple-choice questions within the allotted time.
If your performance test scores were lower than 140, did you brief cases in law school? Do you really know and understand what a case is and the difference between a holding and dicta? We all know that people can get by in law school, passing all their classes without really ever having the whole process of legal analysis click.
Because performance tests are "open book" exams, they have a false reputation as being the "easy" part of the Bar Exam. But to pass them, you must demonstrate competency in basic lawyering skills (fact analysis, legal analysis, awareness of professional responsibility and problem solving) as well as proficiency in skills such as organization, time management, and clear, legible writing or typing. You also must be able to read quickly and with great accuracy.
If you scored lower than 140 on either of your two performance tests, consider taking a supplemental performance test seminar or buying a performance test study guide and practice, practice, practice.
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d) I worried so much that I was too tired to do my best on the exam.
Sleep more this time. And take breaks. Do deep relaxation and physical exercise. You cannot study effectively for 20 hours a day, and you don't need to in order to pass. Just be diligent, disciplined and give it a good six- to 10-hour day. Remember the tortoise and the hare - slow and steady. The Bar Exam is a marathon, not a sprint.
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e) I panicked during the exam.
First, you likely will be less nervous this time around because you know what to expect. Second, knowledge is power.If you know you tend to get nervous during the exam, find ways to calm yourself. One method is to "pretend" that you are not taking the real Bar Exam. Outline an essay before you go in on Tuesday and Thursday and do a couple of practice MBE questions in the morning on Wednesday before you go in so that, when you get to the real Bar Exam questions, you feel like they are "just more practice tests."
Yet another strategy is to (figuratively) put on blinders, that is, be in your own world. Wear ear plugs, and do not talk to anyone who might make you nervous. Have headphones ready, and play your favorite music during the lunch break, music that makes you relax, and either brown-bag it or have room service if you are staying in the hotel, so you do not have to interact with anyone at the lunch break.
Realize that, although you are dealing with more material, more subjects, the depth of analysis is not nearly as intense as a law-school final, and you got through law school, or you would not be taking the Bar Exam. You are not trying to be Justice Holmes or have your Bar Exam answers published in the Harvard Law Review. You just want to pass.
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f) I am really not ready to be a lawyer.
Few people will admit this, but it is a very real obstacle for many applicants. Maybe you went straight from college to law school and are a little overwhelmed. You may not even know for sure whether you want to be a lawyer; but even if you know you do, you are just not ready to assume complete responsibility for a client's life or financial future.
You can solve this issue without having to fail the Bar Exam to put off the inevitable. For example, decide before the Bar Exam that you will give yourself some time after you take and pass the Bar Exam before accepting a law job. Don't commit ahead of time to a job you are not ready to accept.
Or talk to a trusted friend, family member, lawyer or law professor, and sort out some of your concerns before taking the exam. You will find that many people had these same concerns, they are normal, and you will be able to get help and mentoring along the road.
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g) I scored within five points of passing, did all I could to prepare, and was just unlucky.
Some people just have a bad day, family problems, physical accidents or other incidents that occur with the worst of bad timing. If you are one of these people, just climb back on the saddle and do it again.
The key for you is not to burn out. Consider taking a short vacation before you begin again in earnest, even a weekend away, to recharge your batteries. Then, do basically what you did last time, adding to your study plan as needed.
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