Failed the Bar Exam FAQ

Failed the Bar Exam FAQ

If you have failed the bar exam, you are certainly not alone. In fact, about 40% of bar exam takers will fail the bar exam. The bar exam does NOT measure how smart you are, how hard working you are, or how good of an attorney you will be. Some of the best and brightest attorneys we know have failed the bar exam! In fact, some of the most successful celebrities and politicians have failed the bar exam. In this post we compile some frequently asked questions for those who failed the bar exam.

Failed the Bar Exam FAQ

What should I do if I fail the bar exam?

If you find out that you failed the bar exam, do a few things:

• First, take some time to be sad, angry, frustrated, or whatever else you may feel. Take time to process the news.
• Second, once some time has passed, evaluate your bar exam experience. Look at your score report. Request to review your essays if possible. Think about your bar exam experience and what went well, as well as what did not.
• Lastly, consider what you will change moving forward. Don’t do the same thing you did last time and expect a different result! You may want to try bar exam tutoring or a course geared specifically for repeat takers with live components that your previous course may not have had.

What happens if I fail the bar exam?

In almost all cases you can retake the bar exam! Some states have limitations on this, but this is rare.  If you decide that retaking the bar exam is the path you want to take, take some time to evaluate your approach to the prior bar exam and put together a strategy for the upcoming administration. Really reflect on what went well the previous time you took the bar exam as well as where you think you can improve. You might find you need to employ an entirely different approach to studying.  If you find yourself in that situation, consider the following:

• Hiring a tutor.A tutor can help keep you on track with your studying.  They will offer helpful feedback and tips on how to improve. Access our free guide to hiring a bar exam tutor here!
• Buying different outlines.A key component to passing the bar exam is using strong outlines. If the outlines are too long, too short, too confusing, or contain incorrect information, they will not be helpful. Consider replacing or supplementing your current outlines with more effective ones.
• Using different practice questions.If you didn’t use real practice questions the first time around (g, the questions released by the NCBE), be sure to do so now. The NCBE-released bar exam questions are the best because they prepare you for the format and level of difficulty of the actual exam.

How common is it to fail the bar exam?

The National Conference of Bar Examiners last released overall bar exam pass rate data in 2022.  In 2022, 62,951 students took the bar exam and 59% of bar exam takers passed the bar exam.  This means that approximately 37,141 applicants did not pass the bar exam.  The takeaway point here is that while more people passed the bar exam than didn’t pass the bar exam, there is still a significant number of applicants who did not pass the bar exam—nearly 40%.

How many times can you fail the bar exam?

The vast majority of jurisdictions allow you to take the bar exam as many times as you wish! There are a minority of jurisdictions that have restrictions.  Make sure that you check the rules of the jurisdiction where you plan to take the bar exam to see if they have any restrictions on bar exam attempts.

What state has the hardest bar exam?

Based on recent statistics, California has a notoriously hard bar exam, with only 45% of first-time takers passing the Feb 2024 bar exam, and 24% of repeat takers passing the July 2023 exam. However, there are other states with lower pass rates in July 2023, including Maine, Wyoming, and Maryland.

You can read more about which states have the hardest and easiest bar exams here. However, keep in mind that no state has an easy bar exam.  No matter where you take the bar exam, you are going to have to put in a significant amount of time to prepare for the exam to ensure that you achieve a passing score!

What state has the easiest bar exam?

Overall, Utah is the easiest bar exam to pass. This is true whether you are a first-time taker or repeat taker! In July 2023, Utah had a 94% pass rate for first time takers and a 73% pass rate for repeat takers. It also has the lowest UBE cut score of 260. (States range from 260 – 273). Other states with higher pass rates include Missouri, Montana, Iowa, and Minnesota. You can read more about which states have the easiest bar exams here.

Is failing the bar exam normal?

Failing the bar exam is likely a lot more common than you think! As noted, in 2022, 37,141 applicants did not pass the bar exam.  This is approximately 40% of bar exam takers for that year!

What is the hardest subject on the bar exam?

Outside of personal experiences, many students tend to find Real Property and Contracts the most difficult subject on the bar exam.

However, the hardest subject can vary greatly depending on law school experience.  Students who missed out on an MBE subject in law school tend to find that subject most difficult.  For example, learning Evidence for the bar exam can be incredibly time-consuming and difficult if the first time you’re exposed to the material is in bar prep.  Additionally, you might find your law school’s curriculum only offers a portion of what’s tested in Constitutional Law or Civil Procedure, making for a learning curve come bar exam time for both of these subject areas.

Business Associations (i.e., Corporations) can be difficult to learn if you have not been exposed to the vocabulary or substance in law school.

What should I do if I have failed the bar exam multiple times?

Many students wind up in this vicious cycle, even if they are only a point or two from passing! It can be incredibly frustrating to be only a few points away from passing just to retake the exam and wind up in the same spot.  If you have failed the bar exam multiple times, rethinking your strategy and approach is a necessity. Do not do the same thing and expect a different result! There is way too much at stake.

Instead, please strongly consider investing in tutoring or a similar option. Book a call with us to learn more. And be sure to check out this blog post for more tips if you find yourself in this position!

What can bar exam tutoring do for me if I failed the bar exam?

Bar exam tutoring can be especially beneficial for repeat bar exam takers. Some repeat takers find that they don’t even know where to begin when contemplating retaking the bar exam.  For these students, strategizing how to approach the next bar exam and incorporating tutoring into that plan can get students across the finish line.  Additionally, if you find yourself having to make up a large number of points or would like some additional accountability during your studies, you might find that bar exam tutoring can fill that gap. It is also the fastest way to increase your score and AVOID having to take the bar exam again.

We work with several law schools and the statistic support this. One of the law schools we worked with who sent us all of the repeat takers saw repeat takers who used our program increase their scores an average of 28 points (with some repeat takers increasing their scores 50+ points). The repeat takers who did NOT use our program increased their score an average of 0 points, with several seeing a decrease in their overall score.

How do I pass the bar exam as a retaker? Is it possible?

It is definitely possible to pass the bar exam as a retaker! The best steps are to evaluate your past scores and approach and come up with a plan that is tailored to what you need to pass. This does not necessarily mean that you should only focus on your weaknesses—you want to build up your strengths as well! Investing in bar exam tutoring is one of the best ways to pass the bar as a retaker.

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