Failed The Bar Exam? Here Is What You Need To Do

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Reviewed by:

David Merson

Former Head of Pre-Law Office, Northeastern University, & Admissions Officer, Brown University

Reviewed: 6/25/24

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Have you failed the bar exam and are wondering what to do next? Explore what to do next and find solutions if you didn't pass the bar exam. Learn about the steps to take and possible ways to move forward after an unsuccessful attempt.

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The bar exam assesses whether a law school graduate is ready and able to practice law in their jurisdiction. It is the final major step to becoming a practicing lawyer. While it varies from state to state, the majority of states have adopted the Uniform Bar Exam (UBE).

This exam is notoriously difficult and requires intensive studying as it covers a wide variety of legal topics. As such, many examinees don’t pass on the first try. If you’re one of them and are unsure what to do next, don’t panic! Keep reading as this article discusses how to move forward after failing the exam. 

What To Do If You Failed The Bar Exam

Failing anything is never a good feeling, and failing can often make us insecure and question our abilities. 

However, don’t worry too much! Your journey to becoming a practicing lawyer is not over. Just like with the LSAT, retaking the bar exam is always an option. 

If you didn't pass the bar exam, there are several things you can do to regroup and move ahead in preparation for a bar exam retake. Explore different options to refocus and keep progressing.

1. Take a Breather and Reflect 

Let’s face it: everyone hates failing, especially such important exams. 

However, it might make you feel better to know you are definitely not alone if you have failed the bar exam. According to the American Bar Association, 75.79% of people pass after taking the bar exam for the first time in recent years. That averages out to two out of every ten people failing the exam the first time they take it.  

It is also key to remember that the bar exam is just an exam. It does not define your knowledge or capabilities. You may have had a bad day the day of the exam, felt unwell or distracted, or had an ineffective study plan. There are many factors that can impact your performance on the exam. 

As you reflect and prepare to take the exam again, ask yourself some questions:

• How much prep time did I complete? 
• What study methods did I use? Did I pursue self-study or opt for group sessions? 
• Did I ensure I fully understood and comprehended the materials while I was studying?
• Did you take advantage of bar exam prep resources, such as clubs, study groups, and/or online practice tests?

There are just a few questions you should think about as you create a plan moving forward. 

2. Look at Your Score Report

Looking at your score report and seeing areas where you did well and areas where you didn’t is beneficial, especially if you plan on taking the bar exam again. Just like you did with your LSAT scores, analyze the breakdown of your performance.

Unfortunately, not all states give the same level of detail on these reports, and knowing what the numbers in these score reports mean can be challenging. Here, we’ll break down their major components. Let’s start with an example of what your score report might look something like:

As you can see, there is an overall UBE score, your MBE scaled score, and your written scaled score. Here’s what each of them means:

Overall Score

Your overall score will determine whether you passed or failed the exam. This score is a combination of your written score and MBE score. Your passing score will depend on the state you’re in but will fall between 260 and 270.

Your MBE Scaled Score

You will also see your MBA scaled score. This is half of your overall score, so to figure out what you need to score here in order to pass, divide your state’s passing score by two. For instance, New York’s passing score is 266. You would need a 133 here to pass. 

Your Written Score

The other part of your overall score is the written score, or your MEE and MPT scores. Again, the passing score for this will be half of the state passing score. Most states provide a score between 1-6, with the passing score being around 4. See how low you scored on each essay to know what to practice more for the next test!

Some states, like New York, also provide a subject area breakdown of the MBE, showing the percentage of examinees you scored higher than. For instance, if you score 9.2% in Torts, it means you scored higher than 9.2% of test-takers in this section. The higher this score, the better. 

Use this section to your advantage! Prioritize practicing and reviewing the content in sections you did the worst in.

3. Identify Areas of Improvement and Areas of Weaknesses

Examine your scores and essays on the bar exam and find your weaknesses.

The bar exam consists of various exams, including the MEE and the MPRE. Familiarize yourself with the expectations of each exam, so you can develop a better study plan.

If you find you did the poorest on the written part of the exam, the best way to improve your score is to pinpoint the part of essay writing you struggle with the most. Is it the time constraints? Do you feel you are unable to analyze the text efficiently? 

Your bar jurisdiction should have previous high-score essays you can look through. For instance, New York’s jurisdiction has past essay questions and answers you can review to gain a better sense of what the markers are looking for. 

Practice your essay writing under timed conditions, and always aim to follow the IRAC method: Issue, Rule, Application, and Conclusion. This will help you present your arguments more clearly and concisely.

On the other hand, if you’re struggling with the MBE part of the exam, the best way to improve your score is to go through the content again. Make more flashcards, review areas you felt you got stuck on the most, and keep doing timed practice questions.

4. Figure Out Your Next Steps 

Before jumping right back into retaking the exam, you’ll need to develop a comprehensive plan to help you successfully pass the bar exam the second time around. To develop this plan, there are some steps you’ll need to take:

Step 1: Identify Content Gaps

The first step is reviewing your score report and identifying subjects you scored the lowest in. Try to remember if there were particular topics that consistently troubled you during your prep and on the exam.

Step 2: Reflect on Your Prep Materials

Evaluate whether your study materials were comprehensive and effective. Did you rely on one source, or did you have diverse resources? Were your materials up-to-date?

Step 3: Consider New Materials

If you feel your previous prep materials just weren’t cutting it, explore your other options. Whether that be trying out new methods like flashcards, buying different prep books, or incorporating one-on-one exam support, figure out what can take your prep to the next level.

Step 4: Evaluate Your Practice

Assess the amount of practice you completed. Did you do enough practice questions and essays? Were you regularly practicing under timed conditions? You need to also consider the quality of your practice. Did you truly go through your mistakes to try to learn from them, or were you just going through them to see which ones were right?

Step 5: Create the Best Schedule Based on the Previous Steps

Once you’ve assessed and reflected on the above steps, it’s time to create your study schedule. The more you need to improve your score, the longer you should give yourself to study. Keep a realistic schedule that fits your lifestyle and other commitments but ensure you stay consistent! Most re-takers spend two to three months prepping!