Behind the Bar

1.800. 973. 1177

CAREER COUNSELOR’S CORNER

Behind the Bar [L. Adrienne Wichard] Summertime, and the livin’ is easy...unless you’re a newly minted JD. While others enjoy picnics and relax poolside, you have just a few short months to prepare for the biggest test of your life. How do you figure out which test to take, when to start preparing, and how to stay sane under the pressure? Our exclusive guide demystifies this rite of passage.

Bar exams rank somewhere near root canals

bar application includes a questionnaire used

Bar Exam (MBE), the Multistate Essay Exam

on the list of things you wish you never had to

to determine that you are “worthy of the trust

(MEE), and the Multistate Performance Test

go through. Ask any lawyer to relive the ex-

and confidence clients may reasonably place

(MPT). In addition, individual jurisdictions can

perience, and you’ll probably get a response

in their lawyers”), a passing score on the bar

develop their own “local” exams that address

like that of one second-year associate at a

exam allows you to become a lawyer in the

their specific laws and exceptions. These

D.C. firm: “It’s the only thing you’ll ever have

state of your choice.

tests are usually in an essay format, but

to do that’s actually worse than everything you’ve heard about it.”

some states, like Florida, also use multipleMassachusetts administered the first written

choice questions.

bar exam in 1855. Until that point, the exams A tad dramatic? Richard Conviser, a graduate

had been administered orally. Bar exams

Resources: Find out which states use which

of the University of California, Berkeley’s

continued to become increasingly formal

tests at http://www.ncbex.org/tests.htm.

Boalt Hall School of Law and veteran pro-

and regulated, and in 1931, the National

fessor at Chicago’s ITT/Kent Law School,

Conference of Bar Examiners (or NCBE) was

doesn’t think so. That’s why, over 30 years

established to help “develop, maintain, and

ago, he founded the Bar Review Institute

apply reasonable and uniform standards of

You must qualify to sit for the bar exam,

(which became the ubiquitous BAR/BRI when

education and character for eligibility for

which usually means graduating from an

it merged with Bay Area Review in 1974) to

admission to the practice of law.”

American Bar Association-approved law

provide lawyers-to-be with a knowledgeable guide through this Scylla-and-Charybdis

Who can take it?

school (click here for a list). Some jurisdic-

What is it?

of tests. As Conviser points out, the pool of

tions also allow other means of qualification, such as one year of law school study and

bar-takers is already highly qualified: They

Unlike the LSAT, which measures your

apprenticeship at a law firm for a certain

have graduated from college, scored well on

logical and analytical skills, this test is

period. (Fun fact: Abraham Lincoln-one of

the LSAT, been accepted to law school, and

strictly knowledge-based. Another difference

the most respected lawyers in U.S. history-

completed three years of intense academic

between the bar and the LSAT: This exam is

never attended law school and even went on

study (including the notoriously hellacious

one you can actually fail. It’s essentially a 25-

to become a bar examiner.)

first year). So it only makes sense that the

to 30-subject final exam on all the classes

bar exam should outdo all of the above chal-

you’ve taken in law school-including stuff you

lenges and serve as a final separator of the

Resource: Click here for the ABA’s list of bar-

haven’t seen since your first year-as well as

attorneys from the also-rans.

admission requirements in every state.

some subjects that you may have never covered in a classroom. As you might imagine, studying for this exam is not optional: It’s

Why do I have to take it?

just as much a rite of passage as taking the exam itself.

Since the quality of education and specific curricula can vary significantly from school

Each state designs and administers its own

to school, the bar exam determines a stan-

exam for admission to its bar, drawing on a

dard level of competency among law school

combination of four NCBE-sponsored stan-

graduates. In conjunction with a demonstra-

dardized tests: the Multistate Professional

tion of sufficient character and fitness (your

Responsibility Exam (MPRE), the Multistate

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When do I take it?

All jurisdictions using the standardized one-day MBE (only Louisiana, Washington State, and Puerto Rico do not) are required to administer the test on the last Wednesdays of both July and February each year.

The remainder of a state’s bar-admissions testing takes place either on the Tuesday immediately prior, the Thursday immediately

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CAREER COUNSELOR’S CORNER

following, or both.

the same time, you may have to hit the books

level of difficulty. While the MBE is standard

twice.

throughout most of the country, the material

While most students take the bar exam in

tested on the rest of the days is left up to each

July, students who want to take it in a second

There are places though, like D.C., that have

state, who graduate in the fall, or who didn’t

very liberal reciprocity rules; some will allow

pass their first time around can take it in

a lawyer who has passed the bar in another

New York’s bar exam, while only two days

February.

jurisdiction to “waive in” to their own-in other

long, is considered one of the hardest in

words, to apply for eligibility to practice in

the country. Not only does New York have

Which state should I choose?

their state without having to take another bar.

many exceptions to the general law, but its

For dyed-in-the-wool Texans whose roots run

Different states have different levels of reci-

combinations of 27 different areas of law-

deeper than the family oil well, this one’s a

procity. The District of Columbia requires only

often asking candidates to draw upon several

no-brainer. If, on the other hand, you grew up

that candidates be bar-certified elsewhere

areas of knowledge to answer each question.

in Connecticut, attended school in both Penn-

and that they have a sponsoring lawyer based

States with three-day exams, like California

sylvania and Virginia, are moving to D.C. after

in Washington to vouch for their competence

and Texas, require more work as well as more

law school, but hope you’ll end up in New York

and professionalism; many states require that

endurance from candidates.

City someday, your decision might not be so

candidates have been bar-certified elsewhere

cut-and-dried.

for three or more years before applying. Some

Virginia’s bar exam is deemed even more diffi-

states refuse to let anyone waive in at all.

cult because it not only tests candidates on 28

This was the case for one JD from the Uni-

Florida is one: In order to practice law in the

different subjects but also requires in-depth

versity of Virginia. He ultimately decided to

Sunshine State, you must pass its bar exam.

knowledge of minority law that often contra-

take the bar exam in two states-New York

Period. (Perhaps this is intended to discour-

dicts the rules you need to study for the mul-

and Connecticut-and then take advantage

age snow-weary northern lawyers from trying

tistate exam. Consequently, Virginia has one

of the District of Columbia’s waive-in policy

to retire early to Palm Beach!)

of the lowest pass rates in the country. Even

state’s discretion.

six state-specific essay questions also cover

worse, you can’t sport those lucky sweats that

(explained below) so that he could practice at a firm there.

As you choose the bar that’s best for you,

got you through the LSAT: The conservative

consider three main issues: where you’d like

state requires that its aspiring lawyers take

Some states are particularly accommodating

to practice immediately after graduation,

the bar in attire “suitable for a lawyer appear-

to lawyers who need to practice in multiple

whether you might transfer within your firm

ing in a court of record” (yes, that means a

states simultaneously or switch from state to

to offices in other states, and where you’d

suit). Interestingly, it also mandates wearing

neighboring state, and they have set up their

ultimately like to settle down.

soft-soled shoes to minimize noise in the testing rooms. The result: a room full of stressed-

exam schedules accordingly so candidates can

out fashion victims wearing suits and sneaks.

test in just one three-day session rather than

Pamela Dayanim, a 3L at Georgetown Uni-

several separate ones. For example, the New

versity with a job waiting for her at Baker &

York bar recognizes that it will often share

McKenzie in Washington, D.C., plans to take

Resource: NCBE’s Web site lists contact

lawyers with surrounding states, and has

the New York bar exam. It’s one of the most

information for the bar-admissions offices in

made it easy for candidates to take its exam

respected in the country, so it’s not too dif-

each of the 50 states, as well as the District of

concurrently with New Jersey, Maryland, Mas-

ficult to waive in to other states. (Check with

Columbia, Puerto Rico, the Virgin Islands, and

sachusetts, Maine, or Connecticut.

your state’s bar-admissions office to see

some non-U.S. territories.

which reciprocity rules apply to you.) Also, In other states, like California-long reputed

as the Big Apple is the hub of most corporate

to have one of the most difficult examinations

transactions, it’s a good one to take if you’re

in the country because of its length as well as

interested, as she is, in corporate law.

its low passing rate (55.3 percent for the July 2000 exam)-you won’t have the option to take

Once you determine the state or states in

more than one state test per administration.

which you’d like to practice, you’ll have to

California’s exam runs three days, so if you

learn the nuances of their specific bar exams.

want to be licensed to practice elsewhere at

Because each state is allowed to determine the makeup of its test, exams vary in their

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Where is it administered?

Exams are usually administered on university campuses, in convention centers, or in hotel conference rooms. Some test-takers get luckier than others. One New York bar veteran fondly remembers taking the test at a museum in Albany with a phenomenal view

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CAREER COUNSELOR’S CORNER

of the Adirondacks. (He does note, however,

one in the afternoon.

that this was “the only ‘pretty’ part of the

within the constraints of state law. In most states, this requires another six-hour day of

experience.”) Some of his compatriots, on the

Questions are conceived by committees of

other hand, were down in Manhattan at a more

lawyers and law professors and then reviewed

notorious testing location-the immense Jacob

and edited by several legal experts and psy-

Resource: Samples of essay questions from

Javits Center. Survivors tell harrowing tales

chometricians. They cover six different subject

past bar exams are often available on indi-

of the pretest lockdown: Garage-like doors

areas, most of which were addressed in your

vidual state bars’ Web sites. Georgia’s, for

descend slowly and lock with a loud thud as

first year of law school: constitutional law,

example, is at http://www2.state.ga.us/courts/

you begin the exam. Another veteran suffered

contracts, criminal law and procedure, evi-

bar/pages/sampleindex.html; New York in-

through the deafening noise of an equipment

dence, real property, and torts. The majority of

cludes “above-average responses” along with

sound check for a concert that was being held

the questions test your knowledge of general

samples of previous questions on its Web site,

outside his testing site on the second day of

legal principles, but some will provide stat-

http://www.nybarexam.org/pastexam.htm.

the exam. He recounts, “I could barely hear

utes or exceptions for you to consider when

myself think. The woman next to me started

formulating your answer. Since no points are

Some states also use the NCBE-sponsored

crying. One guy just threw his hands up and

taken off for wrong answers, answer every

MEE and MPT as part of their local testing.

walked out.” The moral of the story? Be pre-

question. You’ll most likely have plenty of time

pared for anything.

to finish: Statistics show that the three-hour

testing.

The MEE

timeframe for each set of 100 questions is

How do I register for the bar exam?

sufficient for 99 percent of all test-takers.

Registration deadlines for both the February

The MBE is the only portion of the bar exam

and July exams are usually from 90 to 120

whose scoring is centralized and consistent

days before the testing date. Some states, like

across the country. Your raw score is the

California, offer online registration. Regular-

number of questions you answered correctly

deadline registration fees vary but start at

out of a possible 200. In addition to your raw

about $100 and may run as high as $1,000 (in

score, however, the NCBE will also report a

those states with more labor-intensive testing,

scaled score that adjusts for variations in the

such as hand-graded MPTs). Late registration

difficulty of your particular exam.

can tack on a significant amount to the already steep prices, so save a few hundred dollars

States differ on how heavily they weight MBE

and don’t put this one off.

performance in the overall score. In most states it makes up about half the total, but

How is the exam structured?

With a few exceptions (like the aforementioned California and Texas), most states’ bar exams consist of two days of testing: the Wednesday MBE and a Tuesday or Thursday state-specific exam.

The MBE The MBE covers the areas of legal knowledge that all lawyers should have mastered and is often considered the most significant component of the exam. Its 200 multiple choice questions are broken up into two three-hour sections-one administered in the morning,

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South Carolina, for example, only counts it for one-seventh. Though passing requirements vary from state to state, they generally hover around the 130 to 140 scaled-score range.

Nationwide, around 60 to 80 percent of applicants pass the MBE.

Local Tests The local portion of each exam generally comprises a series of essay questions on the laws and their exceptions in the specific state. These essay questions give prospective lawyers the opportunity to demonstrate their ability to reason, analyze, and communicate their conclusions given a set of circumstances

Only 14 jurisdictions, including Hawaii, Missouri, and D.C., use the Multistate Essay Exam (MEE) as part of their state-specific essayquestion section. Though it’s a standardized test, the MEE is scored and evaluated by the state in which it is administered rather than by a central scoring agency. The three-hour exam is made up of six essay questions covering agency and partnership, commercial paper, conflict of laws, corporations, decedents’ estates, family law, federal civil procedure, sales, secured transactions, and trusts and future interests. It is administered on the Tuesday before the last Wednesday of February and July.

The MPT Twenty-four states, from Alaska to West Virginia, also include one or more of the three 90-minute items in the Multistate Performance Test (MPT) in their state-specific day of testing. And more and more are joining their ranks. New York, Pennsylvania, and Idaho will begin administering the MPT in July 2001. The exam is administered on the Tuesday before and/or the Thursday after the last Wednesday in February and July.

The MPT asks candidates to use their general

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CAREER COUNSELOR’S CORNER

It’s all in the preparation.

a charm before they say sayonara.

circumstances. Each MPT includes a “file”

Preparing for the bar exam is absolutely es-

Most states, however, will let you take the

(containing a memorandum from a supervis-

sential. Law firms recognize this, and most

exam as many times as necessary. In 1997,

ing attorney and documents that may or may

give their incoming first-year associates the

42-year-old Herbert Moreira-Brown passed

not be relevant to the case) and a “library”

summer off after graduation (sometimes

the New York State Bar after more than a

(containing relevant and/or irrelevant cases

salaried) to study for the late-July administra-

dozen attempts. As he told the New York Law

and statutes). While it does test some legal

tion. Many firms will even pick up the tab for

Journal, “If you pass it once, it doesn’t matter

knowledge, it is primarily a test of the skills

expensive prep courses or offer a stipend for

how many times you failed.”

that you will use as a lawyer. Like the MEE,

registration and preparation expenses.

legal knowledge to perform practical taskslike writing a memo or a brief-under realistic

the MPT is scored locally.

Prep-Course Primer One of the biggest reasons to take a prep course is that your schooling alone will most

If you don’t adhere to Moreira-Brown’s

likely not have provided you with all the infor-

philosophy, however, sign up for a prep

Students usually take the Multistate Profes-

mation you’ll need. Robert Feinberg, presi-

course-or two, or three. The biggest and most

sional Responsibility Exam (MPRE) in Novem-

dent and CEO of the bar-review course PMBR

reputable name in bar review is BAR/BRI, the

ber of their third year of law school. It’s also

(Professional Multistate Bar Review), asserts

only nationwide course offering preparation

administered in March and August. You study

that “law schools don’t prepare students for

for all 50 states’ bar exams. PMBR is also a

for it separately (although most students

the bar exam”-bar-review courses prepare

familiar name for most 3Ls; it’s well-known

confess that they don’t spend too much time

students for the bar exam. Dayanim had no

for its condensed three- and six-day MBE-

or energy preparing for it).

interest in tax law, so she chose not to waste

only prep courses. Both have been around for

a full three credits studying it. Instead, she’ll

over a quarter-century, both are extremely

Essentially, this 50-question, two-hour,

get the essential information on tax law in

comprehensive and offer various services

multiple-choice exam tests commonsense

New York-the state in which she’s taking her

to students from their first semester in law

rules of professional responsibility, and it’s

exam-in condensed form from her BAR/BRI

school, and both carry hefty price tags-from

considerably more difficult to fail than the

prep course.

several hundred to a couple thousand dollars

The MPRE

each, depending on the bar (or bars) you’re

more intensive and comprehensive bar exam.

Most states have a first-time pass rate of

Conviser offers perhaps the most persuasive

about 90 percent. Maryland, Washington State,

argument of all for not going into the bar

Wisconsin, and Puerto Rico are the only states

exam less than fully prepared: “Bar exam

There are also “boutique” prep courses-like

that do not require the MPRE.

failure has very public ramifications.” If you

Fleming’s Fundamentals of Law in Califor-

preparing for.

don’t pass the exam, your friends, colleagues,

nia-and a few less-expensive at-home study

The score that you receive on the MPRE will

and-in many cases-anyone who visits your

programs. These courses, however, are only

be a scaled version-between 50 and 150-of

state bar’s Web site will know about it. (If your

appropriate for students in a handful of states

your maximum raw score and is rated accord-

last name is Kennedy, your under-par perfor-

and are not as well-established as either

ing to the test’s relative difficulty. Passing

mance could make headlines for weeks.) And

BAR/BRI or PMBR.

scores are determined by the supreme courts

of course, you won’t be a lawyer until you do

in each jurisdiction, so they fluctuate (gener-

pass.

Dayanim is planning to take PMBR’s six-day course in addition to her BAR/BRI preparation.

ally from 75 to 85) from state to state.

Firms are generally accommodating to first-

She won’t be alone. Many aspiring lawyers

While the MPRE is not part of the two- or

year associates who learn in November that

double up on prep courses. They want to know

three-day bar exam itself, a passing score is

they have failed the bar. Especially if you’ve

that they went into the exam having done ab-

still necessary to be eligible to practice law

wowed them in your first three months on the

solutely everything to ensure a passing score

in most jurisdictions. Regular registration

job (read our tips on first-job success), they

the first time around. As the BAR/BRI T-shirt

deadlines are usually about five weeks before

will usually let you stick around and retake the

quips: “Do it right. Do it once. Never, ever do

the exam date, and the registration fee is $48

exam in February. Of course, your business

it again.”

(the cost doubles if you register late).

card will only say “law clerk” until you pass.

If the second time is also a no-go, many firms

You can take BAR/BRI without taking PMBR,

won’t give you the chance to see if the third’s

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CAREER COUNSELOR’S CORNER

but you can’t take PMBR alone as it only preps

of double-prepping, whether you do it at the

Students who study non-stop for six weeks

you for the MBE and not the state-specific or

same time or in tandem.

are more likely to burn out early, leaving them

essay portions of the exam. PMBR bills itself as a supplement to a BAR/BRI-type course,

drained and test-weary long before the actual

Inside a prep course.

exam date.

founded PMBR on the premise that a good

BAR/BRI’s lecture-style classes are led by

Some boutique courses, like Fleming’s,

score on the MBE can make up for a weaker

experts in each subject. Course material is

offer personalized tutoring as part of their

score on the state-specific section. For ex-

customized to each state’s exam, and lessons

course. (Fleming’s tutoring package runs

ample, Florida requires a combined score of

are separated by subject, addressing both the

about $5,500). Others, like BAR/BRI, provide

262 on both its MBE and local tests, so every

rules and their exceptions for each specific

individual attention in the form of a hotline.

point over 131 that you earn on the MBE earns

state. This format allows you to study for both

Hiring a tutor is not a complete substitute for

you points toward your local score. In fact,

the MBE and the local test simultaneously.

taking a course and is not often necessary

and endorses taking both. Robert Feinberg

there seems to be an unwritten theory among

because the nuances of each state’s exam are

bar-exam experts that, in most states, if you

Unless you’re taking a class in the most popu-

pretty cut-and-dried, but some test-takers

can ace the MBE, you’ll pass the whole thing.

lar city in the state for which you’re studying,

feel more secure with personalized attention.

you’ll watch all of your classes on videotape.

You can often find local bar-exam experts

Many students take PMBR’s short course dur-

While this may seem impersonal, it’s actually

through your university’s newspaper or bul-

ing the two-week gap between the end of their

of little consequence whether you attend live

letin boards. Expect to pay upwards of $50 to

BAR/BRI course and the exam date. Some

or recorded lectures: The material itself is

$100 an hour for their services.

former test-takers caution against this tactic,

well-outlined in BAR/BRI’s prepared guides,

however, asserting that there’s not enough

and even in live classes, students aren’t

time left to absorb all the information PMBR

allowed to interrupt the professor with ques-

throws at you, and it’s better to take advan-

tions. Many professors do give out their direct

You can register for these prep courses as

tage of it earlier in your study period.

office numbers, however, to students who

early as your first semester in law school or

view either live or recorded classes. If all else

as late as your last, but there are two advan-

One Virginia examinee didn’t bother with

fails, you can always call BAR/BRI’s question-

tages to registering early: Both BAR/BRI and

PMBR at all, however. She knew that it would

and-answer hotline. BAR/BRI does provide

PMBR will freeze the cost of their courses as

only help her with about 40 percent of her

live lecturers in multiple locations in all states

soon as you put down your deposit, so thinking

score (Virginia counts your results on its own

for its one-day MPRE prep class. There are no

ahead can save you several hundred dollars;

state-specific test for 60 percent of the total)

MPRE courses on tape.

early birds also benefit from supplementary

and that much of the information would in fact

Sign up early!

prep materials-study outlines for your MPRE,

be contradictory to what she would need to

Taking a bar-review course, like the one BAR/

for example-and subject guides for core law

know for her local exam.

BRI offers, can be more intense than any of

school classes to help you make the most of

the classes you endured in law school. For the

your law school experience.

Both BAR/BRI and PMBR have earned their

July exam, for example, BAR/BRI’s classes

stripes by hiring only currently practicing

begin shortly after graduation in May and

lawyers and law professors and by providing

Resource: BAR/BRI’s Web site includes enroll-

run for six weeks. Each week, you can expect

students with the most up-to-date practice

ment materials for courses in every state.

four or five days of lectures-about four hours

questions and review materials. BAR/BRI con-

PMBR also allows you to register online.

each day-and three to four hours of condens-

sistently researches and analyzes each state’s

ing your notes. In addition, you’ll have about

exams in order to help students focus their

So now that you know the ins and outs of this

two hours’ worth of reviewing and practice

study on the areas they’re most likely to see

legal test of all tests, all you need to do is take

questions to do on each weekday, with another

on the test. For example, BAR/BRI can usually

the darn thing. Then, just sit back, relax (yeah,

eight to 10 hours of work waiting for you on

predict which combinations of New York’s 27

right), and wait four months to find out if you

the weekends.

passed.

possible essay subjects are likely to show up on the administration for which you’re prepar-

BAR/BRI advises its students to take one

ing. And if you plan to take a bar exam in more

day off from studying each week for the first

than one state, most prep courses-includ-

month of the course, and for good reason:

ing BAR/BRI-will cut you a deal on the cost

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