August 23, 2024 • By Dennis Beaver
Ask any lawyer what one exam gave them nightmares years after graduating law school you will almost always hear, “the bar examination.”
It is generally viewed as the most difficult exam a law graduate will ever take. Pass it, and you are sworn in as a member of bar. But not all are successful.
A typical explanation for why the bar exam exists is, “To evaluate an individual’s mastery of legal knowledge, reasoning, and ethical principles. Passing these requirements demonstrates that a prospective lawyer has the minimum competencies required to represent clients effectively and uphold the integrity of the legal system.”
‘No Way Will we Hire You’
“Mr. Beaver, my brother-in-law has asked me to hire his son Blake as our company’s in-house attorney, and explained, ‘He has interviewed with just about every law firm in town, but when they learn that they had to take the bar examination 15 times before passing, he is shown the door.’”
“I’ve known Blake all his life, would sure like to help him, and don’t want to disappoint my brother-in-law. Do you think I should be concerned that it took him almost eight years to pass the Bar? Thanks, Phil.”
The Bar Exam is a Gatekeeper
I ran this question by Vashon Island, Washington-based Jennifer Anderson founder of Attorney to Author, where she helps legal professionals bring their book projects to life.
She was a California attorney for nearly two decades before becoming a freelance writer, writing coach and ghostwriter. She has written extensively on this topic.
“Let’s face it. There are people who skate through law school and ultimately lack the ability to be lawyers. The bar exam is a gatekeeper. It is designed to test a person’s ability to see relevant facts, identify and analyze legal issues and apply legal standards to those facts.
“That is the practice of law. Every time a client walks through the door you are presented with facts and legal issues. If you can’t see the issues, your clients are harmed.
“Taking the bar exam twice a year for almost eight years is telling you something; The practice of law is likely not for you.”
The Bar Exam is Stressful
Anderson believes that the bar exam is also relevant and important because of the pressure. “It is a stressful test, and the practice of law is often highly stressful, especially in litigation. You need to perform under great pressure, and if you can’t, your clients will suffer. In a real way, the pressure of the bar exam prepares you for the real world of law practice.”
Legal Ethics Portion Hugely Important
Anderson feels there are too many ways for lawyers to wind up doing bad things.
“I am shocked at the number of unethical lawyers who we see arrested for stealing from their clients. Fortunately, in addition to a required legal ethics course in law school, there is an ethics portion of the bar that forces thinking about choices a lawyer has to make.”
The Written Portion of the Bar
“Lawyers are called upon to write important things, regardless of the area of law they practice. If you cannot communicate in an organized, effective way, then you are going to do a poor job for your client. The portion of the bar exam that requires essay writing is absolutely critical and plays a huge role in whether someone passes or not.
“I also believe there should be an oral element to see if you are able to communicate effectively on your feet.”
States that Limit the Number of Times
Some things do not get better with repetition, the bar exam is one of them.
“Statistics show that if you have not passed the exam after three tries, you may never pass it, as chances for success go down with each try,” Anderson said, adding, “and we see that reflected in the states that only give you three of four chances to pass. Some states allow as many tries as you are willing to pay for.”
Our Advice to Phil?
Both of us feel that Phil would be best advised to run the risk of hurting his brother-in-law’s feelings and not hire Blake. There are other ways of using his law degree.
Dennis Beaver Practices law in Bakersfield and welcomes comments and questions from readers,
which may be faxed to (661) 323-7993,
or e-mailed to Lagombeaver1 – at – Gmail.com.