Ten Reasons People Fail the Bar

Failed the bar? Assess why, then get back on track and pass your next bar!

  1. You were not worried enough. You got by in law school.  You did not come to class prepared and you knew it, but you got lucky.  You passed your classes, so you thought you would get by on the bar.  You said to yourself, “The Bar can’t be that tough, but it was. It is a whole different ball game, physically and mentally, from law school finals. You need a strategy to sustain two full days of high gear.
  2. You were too worried. You were filled with so much anxiety that you could not relax enough to learn the material. Sleep more. 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 8-10 hour day.
  3. You did not learn the law well enough. Do you really know what an easement is? Do you thoroughly understand UCC Section 2207? Can you explain equal protection and due process to a 1L law students, with examples? If you didn’t REALLY get it, learn it this next time.
  4. You were the Dreamer. You went beyond the scope of the fact patterns. You read into things. You assume facts not in evidence.  What is your fix?  Read more slowly and read every word of the fact pattern. Stay away from “What ifs.”  
  5. You need to improve your critical reading. You didn’t understand everything you read, either because you were trying to read too fast or you because you have not trained and practiced your reading skills. The bar exam is not scrolling social media; it’s critical reading. To get good at this you must do it every day.
  6. You are a Practicing Attorney in Another Jurisdiction.You are licensed to practice in another state, and trying to get licensed in a new state. You may have been practicing for years. You may be angry at having to take the Exam in the first place; you are an attorney, after all. You are licensed and think you shouldn’t even be asked to have to take another test. Take off your lawyer hat for the next exam and put back on your student hat. Study practice exams and sample answers!
  7. You had poor typing skills. If the graders cannot easily read what you write, they won’t. Sloppy or careless typing with major mistakes in spelling and grammar can bias a grader. Form is important in addition to substance. Take an online typing class and present yourself on paper in as a competent, organized, and clear a manner as possible.
  8. You didn’t manage time well enough. Time ran away without you. You were caught with moments to go and unanswered or barely answered questions. Even one question left unanswered is too many. Practice, under timed conditions.
  9. You were not ready to be a lawyer.Maybe you went straight from college to law school, and are still a little overwhelmed. You may not even know for sure if you want to be a lawyer, and you are certainly not ready to have someone else’s life or financial future in your hands. You can solve this in a number of different ways, without having to fail the Bar. Bottom line, pass first then decide; don’t commit ahead of time to a job you are not ready to accept.
  10. You were simply unlucky. Some people do just had a bad day.  If this was you, just climb back on the saddle, and do it again.