It's Not Over Until You Win: How to Pass the Bar as a Retaker
I know exactly how you feel: devastated, angry, ashamed, frustrated. Back in October 2014, I was anxious to receive bar results and so disappointed that I did not pass.
October 31, 2018 at 12:53 PM
8 minute read
Raphael Castro of Pond Lehocky Stern Giordano
I know exactly how you feel: devastated, angry, ashamed, frustrated. Back in October 2014, I was anxious to receive bar results and so disappointed that I did not pass.
Remember two things: first, our tribulations mold us, and second, you are not alone. Many successful attorneys do not pass the bar the first time. This does not make you a failure, no matter what a test says. Nothing I can say will make you feel better until you conquer this. You will be back on your path to greatness with a newfound appreciation for what you have accomplished. Regardless of the ruler they use to measure you with, you possess great knowledge and do not ever doubt yourself.
I was lucky enough to get this advice from those who failed and subsequently passed. I missed passing July's exam by six points but improved by 30 points in February.
Things To Do After You Are Ready to Conquer the Bar Exam
Focus on your accomplishments. You graduated from college and law school. Now you just have a small test blocking your license: so what. It is not impossible, and you possess the tools you need to be successful.
Order a breakdown of your score when you receive the packet from the Board of Law Examiners. The paperwork comes a few days after results are posted. You will see how close you were, and it will bring you some relief.
Apply immediately for the next session's bar exam. All your information is already filled in. Do not even think about delaying it for a year.
Contact your bar prep program. Request them to review your score and their tips on what to work on next time. Usually, they offer an applicant to retake the course for free. Then, analyze yourself: What went wrong? What could improve?
Muster the courage to admit you did not pass to those who can assist you. Reach out to attorneys who have always been in your corner, especially those who have failed but are now licensed. You will be surprised how many there are. It is important to hear from different perspectives in how they approached the bar. By the end of bar prep for a second time, you will want all the support you can get.
Get inspirational. It is a long process, and sometimes you will doubt yourself, but there is a light at the end of tunnel. Use motivational quotes and inspirational videos to keep you driven. Save quotes on your phone and post them on your walls as reminders when you do not have the strength to study. My favorite was a video that I watched almost every week called, “It's Not Over Until You Win! Your Dream Is Possible,” by Les Brown on YouTube.
Find a job. Find something in the legal field, even if it is part-time and unpaid. For some, this may not be financially possible because bills do not stop coming. This will fill the gap for your employment history. You could also do something that is paid and nonlegal while doing a legal job part-time. It will keep you sane as you study. I suggest not working at all during the last month if possible and focus on bar prep. This is not a fun time, and you will have to buckle down. I studied four hours after work and eight to 12 hours during the last month of bar prep.
Executing Your Plan: Practicing Is Everything
Make a plan, practice every day and monitor your progress. This is the most important step.
You must change or tweak the way you studied the first time because it did not work. Planning forced me to be consistent. Give yourself 10 weeks to study. The first time I studied and failed the July bar, I spent too much time watching lecture videos for every subject and filling out the outlines to check each item off the bar program's assignments. When retaking the bar in February, the key is all practice. That means active learning to constantly do Multistate Bar Examinations (MBE) and essays under timed conditions versus passive learning and watching videos. Do not watch the lecture videos unless absolutely needed. Time is your most valuable resource, and you are better off doing 33 MBE questions and one essay timed plus review, instead of watching a three-hour video.
It's important to visualize what needs to be done every day and cross out completed tasks. I tracked my progress each week by how many MBEs or essays I completed, percentage correct this week versus last, strengths and weaknesses, if I was sticking to a plan, and how should I improve.
Multistate Bar Examination
The MBE was my weakness, which was proven fatal because each of the seven subjects are the core of the test. For the February MBE, I completed over 1,800 MBEs online versus only 700 MBE online questions for July, not including the diagnostic, midterm, final, additional exams and supplements. I completed over 2,500 MBEs. You should be finishing 33 MBEs in one hour. The first couple of MBEs can be untimed but must be timed by your third week.
Your goal is to attain 70 percent correct, or 23 out of 33 MBEs. Historically, Pennsylvania Bar passers attain 63-67 percent correct raw on their MBE, which accounts for 45 percent of your score. Try a mix set of all seven subjects, but focus on weakness areas once a week.
When reviewing MBE questions, make sure to review every answer, even if you got it right. You may have picked the right answer but for the wrong reason. On a separate legal pad, notebook, or flash cards, write out the legal rule you selected incorrectly. For example, “Declarant Unavailable—(1) Former testimony (2) Statement made under imminent death (3) Statement against interest, and (4) statement of personal and family history.” Later, review your notes to make sure you know the rule. It is helpful to include a short abbreviation of the facts from the question you got wrong. You will see that patterns emerge for specific rule statements. Focus on the most frequently asked MBE subtopics—formation (contracts), hearsay (evidence), First Amendment (con law), homicide (crim law), rights in land (property), negligence (torts), jurisdiction and venue (civ pro).
Essays and the Performance Test
Essays and the Performance Test (PT) account for most of the Pennsylvania Bar. Try to perform one PT a week. By week four, I added essays only included MBE subject. By week five, I began to learn state specifics, and by week six, I was practicing all essays. Aim for a 13 out of 20 score on each essay. You want to allocate 45 minutes for each essay, 12 to 15 minutes for prep, and 30 to 33 minutes to write your answer.
Start at the call of the question. Go through the body as an active reader, especially the first time through. Look for unnecessary words, such as adjectives and adverbs that are for discussion of facts and issues. Circle party names, square dates, and underline important phrases. I read the call of the question a second time to make sure I was responding accordingly. Organize big and small issues. The correct issues and detailed analysis, with arguments for and against if available, are always more important than the conclusion. Precise analysis is key. Figure out where the fight is. Decipher what points are up for debate. Then, write an answer weaving in the facts. Dedicate 30 minutes for prep, and 60 minutes for writing.
BarBri's essay book has printed every recent Pennsylvania essay. From this book, you can see a pattern and how often Bar Examiners test issues. In addition, the Pennsylvania Bar website posts analysis and sample answers. Print out every July and February exam, and review the answers. As advice recommended by an attorney who previously failed who I highly admire, she would just retype what the sample answers listed on the website. This is extremely effective because it makes you think and type like the bar examiner. Pennsylvania Bar examiners are creatures of habit and generally create essay order as follows: (1) wills and trusts, federal tax income, and professional responsibility (2) criminal law and procedure, and family law (3) torts and evidence (4) employment discrimination, constitutional law, and Pennsylvania or federal civil procedure (5) contracts and real property (6) business organizations and UCC.
It Is Not Over Until You Win
Throughout each stage, you will grow every day. As partner Thomas J. Giordano Jr. points out, “Benjamin Cardozo allegedly failed more than once, and he served on the U.S. Supreme Court and has a law school named after him.”
Stay strong, stay encouraged, stay determined, stay hungry. Like Les Brown says, “Tell yourself that it's possible, I can live my dream, it's necessary, I work on myself, surround myself with winners, become creative, it's me, I gotta make it happen, and it's not over, until I win.”
Raphael F. Castro, an associate at Pond Lehocky Stern Giordano, is a workers' compensation attorney. He earned his law degree from Widener University School of Law, graduating in 2014.
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