Waiving into bar/past failures Forum

[steve52]

One thing that really bothers me is how past bar exam failures haunt you forever. I had some significant medical problems and took the bar exam even when I wasn't granted the proper accommodation I needed. The result was that I failed the exam more than once and passed it as soon as they gave me the correct accommodation. My law school's attitude was that 'you have nothing to lose by attempting the exam.' Baloney. You have employers who ask you about it all the time and a scarlet letter than you can never outrun no matter how hard you try. Some LLM applications ask you about it as a matter of 'character and fitness,' which it obviously is NOT. Does this kind of stigma occur in other professions? We all know the test has nothing to do with competence, but, when you fail it, even for a good reason, people question your competence.

I have no doubt that people could find out about my past bar failures if they wanted to. But I don't advertise them. I'm faced now with waiving into another state's bar, but one of the questions on the character and fitness section of the exam relates to past bar failures. I wondered how private bar application records remain. Can anyone request my application to that bar, thus finding out about my past bar failures if they want to? Should I not apply to things that ask if I've ever failed the bar? The bottom line is that I'd rather not practice law than to tell people about the shame I have from failing it. It really is the most humiliating thing I've ever endured. I told my family I'd rather have a criminal record (I don't) than the stigma of failing the bar.

Don't let anyone tell you that failing the bar exam doesn't haunt you for life. It does.

[robinhoodOO]

One thing that really bothers me is how past bar exam failures haunt you forever. I had some significant medical problems and took the bar exam even when I wasn't granted the proper accommodation I needed. The result was that I failed the exam more than once and passed it as soon as they gave me the correct accommodation. My law school's attitude was that 'you have nothing to lose by attempting the exam.' Baloney. You have employers who ask you about it all the time and a scarlet letter than you can never outrun no matter how hard you try. Some LLM applications ask you about it as a matter of 'character and fitness,' which it obviously is NOT. Does this kind of stigma occur in other professions? We all know the test has nothing to do with competence, but, when you fail it, even for a good reason, people question your competence.

I have no doubt that people could find out about my past bar failures if they wanted to. But I don't advertise them. I'm faced now with waiving into another state's bar, but one of the questions on the character and fitness section of the exam relates to past bar failures. I wondered how private bar application records remain. Can anyone request my application to that bar, thus finding out about my past bar failures if they want to? Should I not apply to things that ask if I've ever failed the bar? The bottom line is that I'd rather not practice law than to tell people about the shame I have from failing it. It really is the most humiliating thing I've ever endured. I told my family I'd rather have a criminal record (I don't) than the stigma of failing the bar.

Don't let anyone tell you that failing the bar exam doesn't haunt you for life. It does.

Just to add to this: There are other real issues with failing the Bar if you try to waiver into another state/jurisdiction. Some states deny reciprocity if you've failed the bar exam a certain number of times within a certain period of time, etc. There are real consequences to failing.

With respect to the "shame," just be honest and upfront. Tell people you failed and why (medical issues, etc.). Never 'fudge' this or you're just asking for more problems.