Not sure where to take bar exam--please help! Forum

[Anonymous User]

I am not sure which jurisdiction I should take the bar exam in. Options:

City 1--where I will be living before the bar exam, and where I would like to take it for personal reasons if possible.
City 2--where I will be clerking
City 3--where I will be working post-clerkship

All are UBE jurisdictions. Does it matter? Is the reciprocity process or whatever complicated enough that that should be a consideration? If it helps, I will have at least 1-2 months in between the July bar exam and clerkship.

[nixy]

Take it where you’re going to work post-clerkship. I don’t know anything about transferring a UBE score from personal experience, but I can’t imagine it’s easier/cheaper than/just as fast as just taking it in the jdx where you’re going to be working to start with.

Only caveat is if you’re not absolutely certain you’re going to stay in that job post-clerkship. If you’re going to job hunt in City 1, it would probably help your job search to be barred in that jdx when you’re looking. But if you know you’re definitely going to work in City 3, then take it in that jdx.

There’s no reason at all to take it in your clerkship jdx unless, again, you want to work there longer term in future and will be job searching there while clerking.

[Anonymous User]

Take a look at the exam and transfer fees. For example, I think in Texas it's the same cost to register and take the exam as to register with transfer scores, so you may as well take it there (if that's where you eventually need to be barred, just as an example) and save money.

[cornerstone]

Would help to know the particular jurisdictions so you can think about reciprocity. For example, if any of them are DC, just take another bar because it's easy to waive in. On the other hand, if you plan to work in AL/AZ/CA/DE/FL/HI/MT/NJ/NM you'll need to take the bar in that state.

[Anonymous User]

OP here; thanks so far. I am ending in DC; the other two jurisdictions are none of the ones listed in the preceding post. My two preferred options are:

1) Take bar in State 1 (where I will be living before clerkship)
2) Fly out to DC for a couple days just to take the bar.

Are those even viable/reasonable options? I have been having a hard time getting clear answers from classmates/recent alumni, but maybe my circumstances are unusual (although they do not seem to be).

[nixy]

Okay, I’m going to take back what I said. I do think DC is easy enough to waive into (distinct from UBE transfers) that it doesn’t make sense to take the exam there. (I don’t know many people who do so I think I assumed it was a different jdx.) It’s super slow, but you’ll have enough time if you’re clerking.

Other considerations are where else you might want to work in future, where your firm might have you practicing (do they want VA membership, for instance), and CLE requirements.

[Anonymous User]

OP. Thanks again.

For purposes here, assume (accurately) any state that I will conceivably live/work in down the line is a UBE state. At that point, it sounds like the most pressing question is whether the firm wants me barred in another state.

If the firm does not, is it okay to just take the bar/UBE where I am living next summer (also a state I could conceivably work in down the line)? If the firm does, is it unusual for people to just fly out to state X for a couple days to take the bar there, especially if not UBE (e.g., VA)?

Honestly, while I appreciate the strategic aspects here, I am equally unsure (and curious about) the basic logistical considerations of physically taking the bar, hence my questions about flying to the bar etc.

[nixy]

Yes, people regularly live somewhere other than the jdx in which they're taking the bar and then fly in for a few days to take the bar. Happens all the time, especially if you're taking the bar in a high-COL jdx and don't yet have an apartment/haven't started a job and don't want to move until you start work and have an income. The logistics are fine, you just fly/drive in and get a hotel room for however long you need, ideally close to where the bar is administered. You don't have to be living in the jdx where you're taking the bar yet (or ever, I suppose, technically speaking).

[CanadianWolf]

Would help to know the particular jurisdictions so you can think about reciprocity. For example, if any of them are DC, just take another bar because it's easy to waive in. On the other hand, if you plan to work in AL/AZ/CA/DE/FL/HI/MT/NJ/NM you'll need to take the bar in that state.

Curious as to why one would have to sit for the bar exam in Alabama, Arizona, Montana, New Jersey, or New Mexico if taking the bar exam in another UBE jurisdiction ? (I understand California, Delaware, Hawaii, & Florida as they are not UBE jurisdictions.)

[Anonymous User]

DC is unusually easy to waive in to. Taking the DC Bar as a Biglawyer has only recently become a thing that a significant number of people do - even just 5-10 years ago, everybody would take NY, MD, VA, whatever because DC makes it so easy to waive in and they could double dip. If you would prefer to take another UBE and you’re going to practice in DC, feel free to take the other one. It’s equally as good.

[nixy]

Would help to know the particular jurisdictions so you can think about reciprocity. For example, if any of them are DC, just take another bar because it's easy to waive in. On the other hand, if you plan to work in AL/AZ/CA/DE/FL/HI/MT/NJ/NM you'll need to take the bar in that state.

Curious as to why one would have to sit for the bar exam in Alabama, Arizona, Montana, New Jersey, or New Mexico if taking the bar exam in another UBE jurisdiction ? (I understand California, Delaware, Hawaii, & Florida as they are not UBE jurisdictions.)

I wondered this, and it looked like those states offer the UBE so you can take your score elsewhere, but won’t accept transferred UBE scores themselves so if you want to be barred in that state you still have to take even the UBE there. (At least, that appeared to be the case for NM, which is the one I looked up.) I know at least NM didn’t have reciprocity at all before adopting the UBE, so wondered if this was a sort of compromise approach. (Also possibly I misunderstood all of this, I didn’t spend much time looking at it, but that was my impression.)

[CanadianWolf]

Would help to know the particular jurisdictions so you can think about reciprocity. For example, if any of them are DC, just take another bar because it's easy to waive in. On the other hand, if you plan to work in AL/AZ/CA/DE/FL/HI/MT/NJ/NM you'll need to take the bar in that state.

Curious as to why one would have to sit for the bar exam in Alabama, Arizona, Montana, New Jersey, or New Mexico if taking the bar exam in another UBE jurisdiction ? (I understand California, Delaware, Hawaii, & Florida as they are not UBE jurisdictions.)

I wondered this, and it looked like those states offer the UBE so you can take your score elsewhere, but won’t accept transferred UBE scores themselves so if you want to be barred in that state you still have to take even the UBE there. (At least, that appeared to be the case for NM, which is the one I looked up.) I know at least NM didn’t have reciprocity at all before adopting the UBE, so wondered if this was a sort of compromise approach. (Also possibly I misunderstood all of this, I didn’t spend much time looking at it, but that was my impression.)

All of the mentioned jurisdictions accept UBE transfer scores, however, the time limits for transferring UBE scores can & often does vary by jurisdiction.

Transfer time limits for UBE scores:

Alabama--25 months
Arizona--5 years
Montana--3 years (36 months)
New Jersey-36 months
New Mexico--36 months

Time limits can start from date of sitting for the UBE in another jurisdiction to time of receiving UBE scores from another jurisdiction.

To state the obvious: Time limits are determined by the receiving jurisdiction (and not by the jurisdiction where one sits for the bar exam). With this understanding in mind, one might consider taking the UBE in the Virgin Islands.

[Anonymous User]

Would help to know the particular jurisdictions so you can think about reciprocity. For example, if any of them are DC, just take another bar because it's easy to waive in. On the other hand, if you plan to work in AL/AZ/CA/DE/FL/HI/MT/NJ/NM you'll need to take the bar in that state.

Curious as to why one would have to sit for the bar exam in Alabama, Arizona, Montana, New Jersey, or New Mexico if taking the bar exam in another UBE jurisdiction ? (I understand California, Delaware, Hawaii, & Florida as they are not UBE jurisdictions.)

I wondered this, and it looked like those states offer the UBE so you can take your score elsewhere, but won’t accept transferred UBE scores themselves so if you want to be barred in that state you still have to take even the UBE there. (At least, that appeared to be the case for NM, which is the one I looked up.) I know at least NM didn’t have reciprocity at all before adopting the UBE, so wondered if this was a sort of compromise approach. (Also possibly I misunderstood all of this, I didn’t spend much time looking at it, but that was my impression.)

All of the mentioned jurisdictions accept UBE transfer scores, however, the time limits for transferring UBE scores can & often does vary by jurisdiction.

Transfer time limits for UBE scores:

Alabama--25 months
Arizona--5 years
Montana--3 years (36 months)
New Jersey-36 months
New Mexico--36 months

Time limits can start from date of sitting for the UBE in another jurisdiction to time of receiving UBE scores from another jurisdiction.

To state the obvious: Time limits are determined by the receiving jurisdiction (and not by the jurisdiction where one sits for the bar exam). With this understanding in mind, one might consider taking the UBE in the Virgin Islands.

These time limits can present awkward donut hole situations. There are states where you can transfer a UBE score up to 3 years after you receive it, and you can waive in without taking the bar with at least 5 years of practice (or whatever, but I can think of at least one with this exact set up). So you can get admitted there without taking a second bar with 0-3 or 5+ years of experience. You are screwed in that 4th year, which coincidentally is a year in which many biglaw associates look to lateral and might otherwise be open to relocating there.