For Lawyers, the Bar Exam Is More Than Just a Test

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 the bar. But not all graduates are successful.

A typical explanation for why the bar exam exists: 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.

Why law firms won’t hire this lawyer

“Mr. Beaver, my brother-in-law has asked me to hire his son ‘Blake’ as our company’s in-house attorney. He has interviewed with just about every law firm in town, but when they learn that he 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.’”

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The bar exam is a gatekeeper

I ran this question by 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 (she now resides on Vashon Island near Seattle) before becoming a freelance writer, writing coach and ghostwriter. She has written extensively on this topic.

“Let’s face it,” she says. “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 important elements of the bar exam

Anderson believes that the bar exam is also relevant and important for many reasons, including:

• The pressure it applies to prospective lawyers. “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.”
• Consumers need competent advocates. “We need, and with the bar exam we have, a system requiring that people who want to become attorneys pass certain litmus tests in order to represent the public,” Anderson says. “When it comes to the law, money is at stake, emotions are at stake, the survival of a business is at stake — all of the most critical things in people’s lives are often at stake when they seek the help of a lawyer. It is so important for these professionals to understand the mechanics of practicing law — seeing the relevant legal issues and knowing how to deal with them.”
• The legal ethics section. Anderson feels there are too many ways for lawyers to wind up doing bad things if they have little or no sense of legal ethics. “I am shocked at the number of unethical lawyers who we see arrested for stealing from their clients,” she says. “Fortunately, in addition to a required legal ethics course in law school, there is an ethics portion of the bar that forces (the taker to think) about choices a lawyer has to make.”
• Ensuring a lawyer can write. “Lawyers are called upon to write important things, regardless of the area of law they practice,” Anderson notes. “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 you can take the bar get it

Some things do not get better with repetition, and 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 underscores. “We see that reflected in the states that only give you three to four chances to pass. Some states allow as many tries as you are willing to pay for.”

Both of us feel that Phil would be best advised not to hire Blake despite the risk of hurting his brother-in-law’s feelings.

There are other ways Blake can leverage his legal knowledge without requiring a law license. Here are just five of many, courtesy of Anderson:

• Paralegal or legal assistant. While this may seem like a step down, many JDs work as paralegals or legal assistants, especially at top-tier firms. The role allows them to work on substantive legal matters and gives them a foot in the door for future opportunities.
• Compliance officer. Compliance officers ensure that companies and organizations follow legal regulations and internal policies. This role is common in industries like finance, health care and technology. A JD gives candidates a strong foundation to understand complex regulatory frameworks.
• Contract manager. Contract management involves drafting, negotiating and ensuring the enforcement of contracts. Companies often need someone with a legal background to handle this work.
• Legal consultant. Legal consultants for businesses offer advice on compliance, contracts and risk management. While they won’t be able to represent clients in court, they can still provide valuable insights and help companies navigate legal challenges. If the role involves providing legal advice, though, the JD would need to have their work overseen by a licensed attorney in their jurisdiction.
• Human resources. Many HR roles benefit from a legal background, especially when dealing with employment law, contracts and internal policies.

Dennis Beaver practices law in Bakersfield, Calif., and welcomes comments and questions from readers, which may be faxed to (661) 323-7993, or e-mailed to Lagombeaver1@gmail.com. And be sure to visit dennisbeaver.com.

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