Failed the July 2015 NY bar and looking for some advice Forum

[Naiya]

So I found out that I failed the NY bar last night. Its been rough going for the past couple of hours. Not really sure where to go from here. I have been scavenging the internet looking for some advice but found nothing.

I know NY is implementing the UBE from July 2016. From most of the articles I see online, the UBE sounds A LOT easier (30%MEE + 20%MPT + 50%MBE + an online open book exam on NY law for which you have to complete a course). The passing score required in NY is 266. So my questions are:

(1) Should I wait until July to retake the exam? or
(2) Should I take the UBE in a different state in February and waive into NY in October? or
(3) Should I just suck it up and take the original NY bar in February?

Any advice would be much appreciated. Thank you!

[111aaa]

So I found out that I failed the NY bar last night. Its been rough going for the past couple of hours. Not really sure where to go from here. I have been scavenging the internet looking for some advice but found nothing.

I know NY is implementing the UBE from July 2016. From most of the articles I see online, the UBE sounds A LOT easier (30%MEE + 20%MPT + 50%MBE + an online open book exam on NY law for which you have to complete a course). The passing score required in NY is 266. So my questions are:

(1) Should I wait until July to retake the exam? or
(2) Should I take the UBE in a different state in February and waive into NY in October? or
(3) Should I just suck it up and take the original NY bar in February?

Any advice would be much appreciated. Thank you!

First, give yourself credit for having the courage to sit for the bar exam. That's major!

Next, decide whether you really want New York. Do you want to live and practice in New York? If yes, take the New York bar exam in February if you feel motivated to study for the next 3 months until the exam. The material is likely fresh in your head. If yes, but you're not yet ready to give it another try, wait until July when they adopt the UBE - it will be advantageous because you'll be able to practice in more states.

If New York is not a license you must have, strategize and consider taking the bar exam in another jurisdiction where the pass rate for first time takers is really high, like South Dakota.

Hope that helps! Best of luck! You can do it! Just have faith.

[JimmyBee]

I can only tell you my experience, which is unique, but you might be able to draw some lessons from it to apply to your next go-round.

I graduated from Harvard Law back in 1991. I just turned 50, and am going through a career transition (not a euphemism for involuntary unemployment) and thought I'd finally take the Bar. I never took it before. While I was in Law School, I started a successful business, and then jumped into a career, started a family, etc. Only now did I take the time to carve out the 8 weeks, 12 hour days it really takes to pass this thing.

I say all of this because I had really forgotten how to study. I am the Michael Jordan of cramming, which is nothing to be proud of, but I was able to do well in school (high school, Brown, HLS) without the diligence and the absorption of massive amounts of detailed, nuanced information required to pass the Bar. I took the Bar partly to challenge myself, but also whether or not I continue to do social justice work, private sector work or a mix (most likely), being able to walk into a courtroom as an attorney would be good to have in my arsenal.

I took Themis. I really liked Themis, but really have no way to compare to the others. I was the only person I knew who was taking the Bar. The only other person I knew who took a recent Bar passed the July 2014 right out of school and recommended Themis. I felt like I got a lot of personal, human contact—calls, emails, etc. I thought their materials were great, and the structure of the class was based on a science of learning (small chunks, frequent interaction, mixing up tasks, doing it at my own pace, etc) that works for me.

I took the February 2015 New York Bar and failed. I had a family emergency three weeks out and just stopped studying. The Themis people wondered why I disappeared and then started experiencing declining scores on the MBE practice tests and then skipping the rest of the practice essays. I forget (and can't find) my scores, but I was not that far off from passing. However, what nailed me is that I just didn't know the law. At the end, I was just running my eyes over the prepared outlines, had not prepared my own, and really had not figured out what worked for me in terms of memorization. I sat for the test anyway because I had already paid for it. Nothing wrong with Themis. In fact, my takeaway was that I should have trusted their system.

I was also really psyching myself out because of the anxiety of having spent almost 25 years with the phrase "I went to HLS, but never took the Bar." I was convinced I couldn't pass, so that first time, even though I was not prepared, was important to demystify the test. In fact, I realized that it felt very doable, and that there was lots of stuff I knew I could have known but didn't study in the right way. Speaking of human contact at Themis, I got a great email from one of my counselors speaking directly to my fears based on her knowledge of my specific situation.

I went ahead and decided to take the July 2015 Bar. Themis allows a do-over at no charge. Unlike in February, I stopped working so I could really put the time in. I just passed with a 137.6 MBE, so what I'm learning from these forums is that my essays must have been killer. Admittedly, the ball did bounce my way—I reviewed the Admin Law essays that Themis provided, realized that they were all about Article 78's, and had real world experience filing an Article 78 myself. I was testing between 65-70% raw scores on the MBE assessments at the end, which lines up with my final score, but since it's weighted, it seems like I didn't hit those raw numbers on the actual exam.

OK this is getting too long, but here's the study part.

At first, I tried cards. I got free card catalog cards from the public library since they were throwing them away anyway. Didn't work for me. I wrote my own outlines. I finished 100% of the course only because I had already viewed the lectures and filled in the notes, so I was able to spend my time while re-watching the lectures (very helpful) writing my own outlines, and I found the Themis final outlines very helpful. However, I found myself just running my eyes over the material.

Here's what made the difference. I have a friend who was basically home-bound because of an illness, and needed a distraction. I went over to her place everyday for the last three weeks, and taught her the law. Yes, I actually lectured my way through each subject at least once. I found out I best learn through talking things through and the interaction involved.

I just realized that this was not the advice you were looking for. I can't speak to the UBE because I don't even know about it. I do feel like you need to get back on the horse right away, but the advice in the previous post seems right. If the UBE works better strategically—more flexibility in where to take it, more states admitted to—it sounds like the move to me.

However, psychologically it was so much easier for me to keep the momentum going and not have this thing hanging over my head for any more time than necessary. Those books and notes were sitting in the corner for almost a year as it is. Another year looking at those boxes sitting in the corner like the tell-tale heart would have just been intolerable.

Plus, you're already three-quarters (at least) prepared for this particular test. Go ahead and take it. You'll feel better being pro-active than sitting around for an additional six months mulling over not passing (don't call it a personal failure because this thing is hard). You'll probably pass, and then it's over. If for some reason you don't, then take the "easier" test next July. I don't think the choice is mutually exclusive, except of course for the cost—no small thing in my case so I'm not dismissing it—but I can tell you really want this thing.

So I guess I'm saying take the February Bar. Give yourself a couple or three weeks off, and then go back into it with a full schedule. And those final three weeks of putting it all together 12 hours a day were crucial for me. Think about finding a willing, motivated, interested and smart (not necessarily formally educated) person to whom to teach the law. The verbal thing will work. Teaching is the best way to learn.

And if you have to pay for a Bar service again, take Themis. You get a do-over in case you don't pass in February, and I really was happy with their program. Please believe me: if I can pass, you can pass.

[myrtlewinston]

Naiya,

I am sorry about the July Bar. I'm in the same position, and will be re-taking the exam in Feb. According to my tutor, the NY UBE will be tougher than the existing exam because of the number of essays and MPTs. But, maybe you're much more adept at those? Good luck in deciding.