Failed Both Bar Exams

[ShallowPockets]

Hi all, 

So I received my barrister and solicitor results, and I am somewhat at a loss, I failed both exams. Somewhat expecting to fail one but pass the other.

• I thought I prepared well...I used the index, did the highlighting/colour coding, made summaries and diagrams, made reference sheets, tabbing, followed a study schedule with breaks etc. 
• What I will say, is that I wish I would have dedicated more time towards practice exams, I did only 2 (one untimed and one timed) and I did them too close to the actual exam day. I was not doing well on the practice exams but sat the exam hoping that my other forms of preparation would help me. 
• After the barrister I definitely felt like I had failed, I didn't answer several questions and did not properly allot my time. I was pretty much expecting a fail result. However, I felt pretty good after the solicitor, I answered all the questions and felt quite confident about my answers. I was expecting a pass result...
• I will say that I don't think I strategized well, I tried to do very well on certain sections hoping it would bring up my overall grade, and for this attempt I think I will focus on doing well on all subjects equally. 
• I've already gotten a head start for the re-take and sent everything to the printer, sent my forms to re-exam, looking into the tutoring program and awaiting my results in the mail. 

I am absolutely freaking out as i've spent a lot of time reading horror stories of those who were not successful in any attempt, and I worry how my articling principal will take this news. I've heard comments from those online saying to failed test takers that perhaps they are not cut out for the profession, it's hard to hear and even harder not to tune those comments out, especially as someone who worked very hard and did very well in law school. I would be lying if I said I didn't feel an overwhelming sense of shame, I have not told a single friend/peer about my results. Although if I fail again, it will become pretty obvious when I am absent from the call to the bar ceremony. 

I am also wondering how I will pass now with the added hurdle of articling full time, when on the first attempts, I was not articling. 

If anyone had any advice to share, it would be greatly appreciated. 

[epeeist]

@ShallowPockets First, the test is very artificial. People who know all about the law and go on to practice well sometimes fail it. I only practice PT now but did FT for years, and I can't think of anything in the practice of law that was similar to writing a multiple-choice bar exam.

Second, trying to be helpful not kick when you are down: "I was not doing well on the practice exams..."

You need to figure out why you didn't pass, and this may give a clue. I often recommend use of practice tests (under exam conditions, phone off, family/roommates/whoever leaving you alone unless there's a fire) is a good way to figure out if there's a problem like spending too much time looking up answers to easy questions just to make sure, or having too much or too little in indices, etc. See also:

 

[ShallowPockets]

2 minutes ago, epeeist said:

@ShallowPockets First, the test is very artificial. People who know all about the law and go on to practice well sometimes fail it. I only practice PT now but did FT for years, and I can't think of anything in the practice of law that was similar to writing a multiple-choice bar exam.

Second, trying to be helpful not kick when you are down: "I was not doing well on the practice exams..."

You need to figure out why you didn't pass, and this may give a clue. I often recommend use of practice tests (under exam conditions, phone off, family/roommates/whoever leaving you alone unless there's a fire) is a good way to figure out if there's a problem like spending too much time looking up answers to easy questions just to make sure, or having too much or too little in indices, etc. See also:

 

Thank you so much for your comment, I will definitely be taking much more stock in the practice exams (and what they mean for my strategy) this attempt.

I am concerned lack of subject knowledge in particular areas, and not knowing how this may be remedied before the end of my articling term 

[rich daddy]

First of all, f*ck the bar. You're brilliant, the bar is stupid. Second, do as many practice questions as humanly possible. My tactic was to take my time with each question, really understand the answer, and make notes in my summary and index if anything was confusing. I studied two weeks for each exam - read the materials in three days (forget understanding the concepts, just highlight systemically) and did 100 questions a day for seven days straight. I did zero timed exams and cleared both exams with 15 mins to spare. Ka-chow! 

[easttowest]

I used the detailed table of contents, which I highlighted and added some of my own notes to. And I did practice questions. I found the indices just too unwieldy to be useful. 

[BlushAndTheBar]

Sending virtual hugs OP. Nothing to offer except echoing everyone else's comments. It sounds like you've spent a lot of time/energy with the material so practice exams/making your "search and find" strategy work for you and getting your timing right for the next sittings will hopefully be your recipe for success next time.

Best of luck. 

[123]

23 minutes ago, easttowest said:

I used the detailed table of contents, which I highlighted and added some of my own notes to. And I did practice questions. I found the indices just too unwieldy to be useful. 

Someone gave me an index, so I had it with me. I still used the TOC. I went to the index a handful of times on the solicitor exam, when I couldn't find the subject matter in the TOC.

54 minutes ago, epeeist said:

@ShallowPockets First, the test is very artificial. People who know all about the law and go on to practice well sometimes fail it. I only practice PT now but did FT for years, and I can't think of anything in the practice of law that was similar to writing a multiple-choice bar exam.

1 hour ago, ShallowPockets said:

I've heard comments from those online saying to failed test takers that perhaps they are not cut out for the profession

I agree with epeeist. The bar has little to do with practice or competency for practice. True, you're not great at writing bar exams. But you can get better at that. Beyond that, I wouldn't extrapolate bar exam performance into a predictor of you'll do in practice.

1 hour ago, ShallowPockets said:

made summaries and diagrams, made reference sheets,

To each their own. But I would not have found this particularly helpful. When I wrote, the key wasn't substantive understanding. It was really knowing just enough to be able to recognize what was being asked about in the question, being familiar enough with the materials to find it in a timely fashion, and being able to pick the answer which most closely corresponded to the contents in the materials. To get there, I read the materials. I did some practice questions to make sure my timing was right, and that I could navigate the TOC and different sections.

Looking stuff up isn't the only thing required. Some questions involve some common sense or reasoning. There were people on the discord complaining that the exam wasn't purely "circle the answer from the materials", that it was therefore harder this year, and they felt misled by advice from past-takers. Maybe it was harder this year. But there were some slightly more difficult questions when I wrote too. I don't think that's entirely new.

Procedurally, I went through the exam three times. I did a quick first pass and answered all the questions that I could off the top of my head. Then I did all the questions that I could easily locate in the materials. Then I came back and did all the questions that took longer to find, or that required me to do something slightly more than look them up. As with everything, YMMV, but that's what worked for me.

[Jfox]

Im in the same boat, sucks but that’s life I suppose. I was going through some family stuff and didn’t gear down right. My strategy is going to be to review the materials quickly with the TOC infront of me and then start hitting practice exams with the index handy. 

My question is, do I try to do both in November? And If I do one in November and one in the Winter, do I still get called to the Bar the same time as my classmates?

Articling and studying should be fun. It’d be nice to get the bandaid ripped off but also maybe not the most practical approach.

All the best to anyone who failed too. We got this, just part of the process.

[123]

13 minutes ago, Jfox said:

And If I do one in November and one in the Winter, do I still get called to the Bar the same time as my classmates?

I think if you pass, you'd be eligible for a June call (or whenever it's done now). Provided you completed the rest of the licensing process.

If you wait to write in the winter and fail, then I imagine your call would be delayed.

[Kingston28462827]

I am in the same boat. It sucks. Similar to OP, I expected to fail the barrister after being unfocused throughout the exam, but I was hoping for better on the solicitor. 
 

I’m really struggling on how to tell my articling principal that I failed, or whether I should wait until after I write the exams again in November. I’m worried that if I tell them now, there will be judgment and stigma. They haven’t asked me about my results, nor do I think they know that results are out yet. 

[Kingston28462827]

I guess the title says it all. I am one of those who unfortunately failed both bar exams. 
 

This is my first time failing anything and I’m at a loss. I was doing so well on all the practice exams that I did (and I did quite a few) but I just choked during the exam and was unfocused/in a bad headspace on both exam days and was unable to properly manage my time during the exams. I ended up guessing a lot of questions on both exams which is probably why I failed. 
 

I’m currently articling full time and I’m dreading telling my articling principal about this. They have made a few offhand comments (probably jokingly, but still) about the bar being easy and things like that. My articling principal is wonderful, but I do worry that they are a little bit “old school” in certain ways, this being one of them. I am concerned that there will be judgment and stigma attached to me if I break the news to her, and I don’t want this to affect my hire-back prospects or even the rest of my articling experience.

They haven’t asked me about my results at all and I don’t think my principal is even aware that results are out. I have thought about not telling my principal that I failed until I get my results back after the November re-write. The only thing is that I will need to ask for 2 days off (one to write each exam) in November. Does anyone have thoughts on this? Has anyone ever been in the same boat as me? I am really struggling on how to approach the issue with my employer. 

Edited September 16, 2022 by Kingston28462827

[123sueme]

1 hour ago, Kingston28462827 said:

I am in the same boat. It sucks. Similar to OP, I expected to fail the barrister after being unfocused throughout the exam, but I was hoping for better on the solicitor. 
 

I’m really struggling on how to tell my articling principal that I failed, or whether I should wait until after I write the exams again in November. I’m worried that if I tell them now, there will be judgment and stigma. They haven’t asked me about my results, nor do I think they know that results are out yet. 

This may not be a popular opinion but I honestly wouldn’t tell my articling principal. As long as you write both exams and pass before hirebacks, there is 0 reason to tell them. I got this advice from my articling principal when i told him how hard i thought the bar was. I talked to some other junior associates who said they weren’t even asked if they passed the bar until their hireback discussion, so your principal may not even ask until then.

Based on that, I personally would just book the two days as vacation and study my ass off at night and on weekends. Yes it is a shitty situation but if you really dont want to tell your principal thats what i would do.

Good luck and you can do this!!!

[123]

1 hour ago, Kingston28462827 said:

I’m really struggling on how to tell my articling principal that I failed, or whether I should wait until after I write the exams again in November. I’m worried that if I tell them now, there will be judgment and stigma. They haven’t asked me about my results, nor do I think they know that results are out yet. 

I think it really depends on your relationship with your articling principal. I was pretty close with mine. If I had failed, I would have told them, because they probably would have been supportive. I can think of other lawyers to whom I'd be less inclined to voluntarily disclose a failure of the bar exam. You're probably in a much better position to gauge how your principal would react, and what impact, if any, disclosure would have on your future or reputation at your firm.

I would generally try to avoid outright lies, though. That could negatively impact your reputation.

[rich daddy]

2 hours ago, realpseudonym said:

I think it really depends on your relationship with your articling principal. I was pretty close with mine. If I had failed, I would have told them, because they probably would have been supportive. I can think of other lawyers to whom I'd be less inclined to voluntarily disclose a failure of the bar exam. You're probably in a much better position to gauge how your principal would react, and what impact, if any, disclosure would have on your future or reputation at your firm.

I would generally try to avoid outright lies, though. That could negatively impact your reputation.

If they don't like your response, fuck 'em. I'm at an international Big Law firm on Bay St. and our talent director told us they don't care if we have to rewrite and that several people at the firm have in the past. Any lesser response is a disgrace. 

[Canlawblaws]

Agreed about the bar being a poor test for anything actually law related. It's easily gamified. My strategy was to pass with the least effort possible since it's just pass/fail. I didn't actually read any of the material. I only did practice exam to really figure out my indexing strategy and not waste any seconds flipping to the appropriate pages. Managed to pass both but I easily could've seen it go the other way.

 

[meander]

Sending positivity to you. These exams suck and this is not remotely a comment on your career as a lawyer. You'll be great and everything will be fine. Just be honest with your employer - convey that you understand its unfortunate but that you're determined to double down and make it work, that you're still excited about your legal career and everything it entails. But you're great and I promise this'll just a a speedbump, a non-issue. 

[CDNwUSJDBackInON]

If you ask for 2 days off in Nov., will they put 2 and 2 together and think it's because you're re-writing the bar exams? You mentioned they don't know results are out, so what if they also are unaware of when the exams are offered next? 

[ShallowPockets]

I just wanted to hop in and thank everyone who has provided advice, I will definitely take it all to heart. Going forward, practice practice practice and getting my timing right. Thank you all so much, I do appreciate it. 

Also sending hugs and solidarity to my fellow colleagues who were also unsuccessful in this attempt. We will prevail! 

[MissRepresented]

If it's anything like BC, they will also send a paper copy of your results directly to your principal. You should probably find out if this is the case and, if so, you'll want to be the one to tell them first. It is not the end of the world, even if it might feel like it at the moment. I promise.

[BlockedQuebecois]

@MissRepresented unless something has changed, the LSO doesn't disclose results to the articling principal. 

@Kingston28462827 I think you got the best advice from RealPseudonym in the other thread – a lot of it depends on your relationship with your principal.

If you generally like your articling principal and have found them to be supportive thus far in your articles, I would encourage you to tell them so they can support you as you rewrite. A lot of people make jokes and offhanded comments about the bar, but most people will be kind if you tell them you've failed, because most people have fucked up something important and bounced back from it. I would also be shocked if it affects the rest of your articling experience or your chances at hire back. The work you do will affect those things, not your performance on a test that everyone agrees is a waste of time. 

If you think your articling principal is a mean-spirited person who will actually judge you for failing, I would obviously avoid telling them. Even in that situation, though, I would avoid lying or misrepresenting your position. 

Personally, unless I truly thought my principal was a dick, I would err on the side of telling them. It makes everything much simpler, clears the air, and avoids you getting put in the very awkward situation of being asked what your plans for your days off are in November and having to tell them you're writing the bar and kept it quiet (or worse, getting asked to move your vacation and having to explain why you can't). 

If you haven't already, I would spend some time thinking about what exactly went wrong for your test and figuring out how to address it. More than basically any test, the bar exams are really about understanding how to write them than knowing the materials. Best of luck with your rewrites and the rest of your articles.

[icantevenjust]

For those who were unsuccessful, did any one of you receive the score breakdown card? Especially if you reside in the GTAs?